Rep. Will Guzzardi

Filed: 5/31/2026

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1 AMENDMENT TO SENATE BILL 3222

2 AMENDMENT NO. ______. Amend Senate Bill 3222 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the

5 Illinois Hemp Act.

6 Section 5. Definitions. As used in this Act:

7 "Cannabis" has the meaning given to that term in Section 3

8 of the Cannabis Control Act.

9 "Container" means the innermost wrapping, packaging, or

10 vessel in direct contact with a final hemp-derived cannabinoid

11 product in which the product is enclosed for retail sale to

12 consumers, such as a jar, bottle, bag, box, packet, can,

13 carton, or cartridge. "Container" includes any additional

14 information and specificity as published by the United States

15 Food and Drug Administration or may be changed by rule by the

16 Department of Agriculture. "Container" does not include bulk

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1 shipping containers or outer wrappings that are not essential

2 for the final retail delivery or sale to an end consumer for

3 personal or household use.

4 "Department" means the Department of Agriculture.

5 "Director" means the Director of Agriculture.

6 "Final consumer hemp cannabinoid product" means a

7 consumable or topical hemp-derived cannabinoid product that is

8 permitted to be sold to consumers in the State, that meets the

9 requirements of Section 35 of this Act, and that:

10 (1) does not contain any cannabinoids that are

11 incapable of being naturally produced by a Cannabis sativa

12 L. plant;

13 (2) does not contain any cannabinoids that are capable

14 of being naturally produced by a Cannabis sativa L. plant

15 but were synthesized or manufactured outside of the plant;

16 and

17 (3) does not contain more than a per-container total

18 of 0.4 milligrams of total tetrahydrocannabinols,

19 including tetrahydrocannabinolic acid and any other

20 cannabinoids that have similar effects or are marketed to

21 have similar effects on humans or animals as a

22 tetrahydrocannabinol as established under Section 15 of

23 this Act.

24 "Hemp" means the plant Cannabis sativa L. and any part of

25 that plant, including the seeds thereof and all derivatives,

26 extracts, cannabinoids, isomers, acids, salts, and salts of

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1 isomers, whether growing or not, with a total

2 tetrahydrocannabinol concentration, including

3 tetrahydrocannabinolic acid, of not more than 0.3% on a

4 dry-weight basis. "Hemp" includes industrial hemp. "Hemp" does

5 not include any of the following:

6 (1) any viable seeds from a Cannabis sativa L. plant

7 that exceeds a total tetrahydrocannabinols concentration,

8 including tetrahydrocannabinolic acid, of 0.3% in the

9 plant on a dry weight basis;

10 (2) any intermediate hemp-derived cannabinoid product

11 containing any of the following:

12 (A) cannabinoids that are incapable of being

13 naturally produced by a Cannabis sativa L. plant;

14 (B) cannabinoids that are capable of being

15 naturally produced by a Cannabis sativa L. plant but

16 were synthesized or manufactured outside the plant;

17 (C) more than a combined total

18 tetrahydrocannabinol concentration of 0.3%, including

19 tetrahydrocannabinolic acid and any other cannabinoids

20 that have similar effects or are marketed to have

21 similar effects on humans or animals as a

22 tetrahydrocannabinol, as established under Section 15

23 of this Act;

24 (3) any intermediate hemp-derived cannabinoid product

25 that is marketed or sold as a final product or marketed or

26 sold directly to an end consumer for personal or household

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1 use; or

2 (4) any final hemp-derived cannabinoid product

3 containing any of the following:

4 (A) cannabinoids that are incapable of being

5 naturally produced by a Cannabis sativa L. plant;

6 (B) cannabinoids that are capable of being

7 naturally produced by a Cannabis sativa L. plant and

8 were synthesized or manufactured outside the plant;

9 (C) more than a per-container total of 0.4

10 milligrams of total tetrahydrocannabinols, including

11 tetrahydrocannabinolic acid and any other cannabinoids

12 that have similar effects or are marketed to have

13 similar effects on humans or animals as a

14 tetrahydrocannabinol as established under Section 15

15 of this Act.

16 "Hemp cultivation licensee" means a person licensed by the

17 Department of Agriculture to cultivate hemp and industrial

18 hemp pursuant to this Act and federal law.

19 "Hemp-derived cannabinoid product" means any intermediate

20 or final product derived from hemp that contains cannabinoids

21 in any form and is intended for human or animal use through any

22 means of application or administration, including inhalation,

23 ingestion, or topical application.

24 "Hemp product manufacturer" means a facility operated by a

25 person licensed by the Department to obtain hemp or

26 intermediate hemp-derived cannabinoid product to manufacture

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1 and produce hemp-derived cannabinoid products.

2 "Hemp production plan" means a plan submitted by the

3 Department to the Secretary of the United States Department of

4 Agriculture pursuant to the federal Agriculture Improvement

5 Act of 2018, Public Law 115-334, and consistent with the

6 Domestic Hemp Production Program established under 7 CFR Part

7 990, through which the Department establishes its authority to

8 have primary regulatory authority over the production of hemp.

9 "Industrial hemp" means:

10 (1) hemp grown for the use of the stalk of the plant,

11 fiber produced from the stalk, or any other

12 non-cannabinoid derivative, mixture, preparation, or

13 manufacture of the stalk;

14 (2) hemp grown for the use of the whole grain, oil,

15 cake, nut, hull, or any other non-cannabinoid compound,

16 derivative, mixture, preparation, or manufacture of the

17 seeds of the plant;

18 (3) hemp grown for the purpose of producing

19 microgreens or other edible hemp leaf products intended

20 for human consumption that are derived from an immature

21 hemp plant grown from seeds that do not exceed 0.3% total

22 tetrahydrocannabinol;

23 (4) hemp that does not enter the stream of commerce

24 and is intended to support hemp research at an institution

25 of higher education, as defined in Section 101 of the

26 Higher Education Act of 1965 (20 U.S.C. 1001), or at an

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1 independent research institute; or

2 (5) hemp grown for the production of a viable seed of

3 the plant produced solely for the production or

4 manufacture of any material described in paragraphs (1)

5 through (4).

6 "Industrial hemp product" means a product derived from

7 industrial hemp that does not contain cannabinoids.

8 "Industrial hemp processor" means a facility that processes or

9 handles raw industrial hemp plant material.

10 "Intermediate hemp-derived cannabinoid product" means a

11 hemp-derived cannabinoid product that:

12 (1) is not yet in the final form or preparation

13 marketed or intended to be used or consumed by a human or

14 animal; or

15 (2) is a powder, liquid, tablet, oil, or other product

16 form that is intended or marketed to be mixed, dissolved,

17 formulated, or otherwise added to or prepared with or into

18 any other substance prior to administration or

19 consumption.

20 An intermediate hemp-derived cannabinoid product shall not

21 contain: (i) cannabinoids that are incapable of being

22 naturally produced by a Cannabis sativa L. plant; (ii)

23 cannabinoids that are capable of being naturally produced by a

24 Cannabis sativa L. plant but were synthesized or manufactured

25 outside of the plant; or (iii) more than a combined total

26 tetrahydrocannabinol concentration of 0.3%, including

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1 tetrahydrocannabinolic acid and any other cannabinoids with

2 similar effects on humans or animals as tetrahydrocannabinol.

3 "Land area" means a farm, as defined in Section 1-60 of the

4 Property Tax Code, in this State or land or facilities under

5 the control of an institution of higher education.

6 "Person" means any individual, corporation, government or

7 governmental subdivision or agency, business trust, estate,

8 trust, partnership, association, or any other entity.

9 Section 10. Prohibitions on the sale and distribution of

10 hemp products.

11 (a) No person may distribute or sell cannabis, hemp,

12 industrial hemp, or any product derived from cannabis, hemp,

13 or industrial hemp in this State, except as authorized under

14 the Cannabis Regulation and Tax Act, the Compassionate Use of

15 Medical Cannabis Act, or this Act, unless the product meets

16 the definition of a "final consumer hemp cannabinoid product"

17 or an "industrial hemp product".

18 (b) No person may manufacture or produce any product

19 derived from hemp or industrial hemp without first obtaining

20 an industrial hemp processor registration or a hemp product

21 manufacturer license under this Act.

22 Section 15. Cannabinoid lists.

23 (a) The following lists shall be used to determine what is

24 hemp and what products qualify as a final consumer hemp

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1 cannabinoid product under this Act:

2 (1) Cannabinoids that are considered capable of being

3 naturally produced by a Cannabis sativa L. plant:

4 (A) Cannabigerol (CBG), which includes, but is not

5 limited to:

6 (i) CBGA (Cannabigerolic acid);

7 (ii) CBG (Cannabigerol);

8 (iii) CBGVA (Cannabigerovarinic acid);

9 (iv) CBGV (Cannabigerovarin);

10 (B) Cannabidiol (CBD), which includes, but is not

11 limited to:

12 (i) CBDA (Cannabidiolic acid);

13 (ii) CBD (Cannabidiol);

14 (iii) CBDVA (Cannabidivarinic acid);

15 (iv) CBDV (Cannabidivarin);

16 (C) Delta 9-Tetrahydrocannabinol (THC), which

17 includes, but is not limited to:

18 (i) THCA (Delta 9-Tetrahydrocannabinolic

19 acid);

20 (ii) Delta 9-THC (Delta

21 9-Tetrahydrocannabinol);

22 (iii) THCVA (Tetrahydrocannabivarinic acid);

23 (iv) THCV (Tetrahydrocannabivarin);

24 (v) THCP (Tetrahydrocannabiphorol);

25 (D) Cannabichromene (CBC), which includes, but is

26 not limited to:

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1 (i) CBCA (Cannabichromenic acid);

2 (ii) CBC (Cannabichromene);

3 (iii) CBCVA (Cannabichromevarinic acid);

4 (iv) CBCV (Cannabichromevarin);

5 (E) Natural degradation and artifact subclasses,

6 which include, but are not limited to:

7 (i) CBN (Cannabinol);

8 (ii) CBNA (Cannabinolic acid);

9 (iii) CBLA (Cannabicyclolic acid);

10 (iv) CBL (Cannabicyclol);

11 (v) CBE (Cannabielsoin);

12 (vi) CBT (Cannabitriol);

13 (vii) HHC (Hexahydrocannabinol);

14 (F) Minor natural isomers and trace compounds,

15 which include, but are not limited to:

16 (i) Delta-8 THC (Delta

17 8-Tetrahydrocannabinol);

18 (ii) Delta-10 THC (Delta

19 10-Tetrahydrocannabinol);

20 (iii) exo-THC (Delta

21 9,11-Tetrahydrocannabinol);

22 (iv) THCA (Tetrahydrocannabinolic acid);

23 (v) THC-C1 (Tetrahydrocannabiorcol); and

24 (G) All cannabinoids that appear on a list of

25 cannabinoids that are known to the federal Food and

26 Drug Administration to be capable of being naturally

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1 produced by a Cannabis sativa L. plant, as reflected

2 in peer reviewed literature, and that is published by

3 the federal Food and Drug Administration pursuant to 7

4 U.S.C. 1639o.

5 (2) Cannabinoids that are tetrahydrocannabinol class

6 cannabinoids known to be naturally occurring in the

7 Cannabis sativa L. plant:

8 (A) THCA (Delta 9-Tetrahydrocannabinolic acid);

9 (B) THC (Delta 9-Tetrahydrocannabinol);

10 (C) THCV (Tetrahydrocannabivarin);

11 (D) THCVA (Tetrahydrocannabivarin acid);

12 (E) THCP (Tetrahydrocannabiphorol); and

13 (F) All tetrahydrocannabinol class cannabinoids

14 that appear on a list of tetrahydrocannabinol class

15 cannabinoids that are known to the federal Food and

16 Drug Administration to be naturally occurring in the

17 Cannabis sativa L. plant and that are published by the

18 federal Food and Drug Administration pursuant to 7

19 U.S.C. 1639o.

20 (3) Cannabinoids that are known to have similar

21 effects to, or marketed to have similar effects to,

22 tetrahydrocannabinol class cannabinoids:

23 (A) Delta-5 THC (Delta-5 tetrahydrocannabinol);

24 (B) Delta-6 THC (Delta-6 tetrahydrocannabinol);

25 (C) Delta-7 THC (Delta 7-Tetrahydrocannabinol);

26 (D) Delta-8 THC (Delta 8-Tetrahydrocannabinol);

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1 (E) Delta-10 THC (Delta 10-Tetrahydrocannabinol);

2 (F) Delta-6a10a THC (often sold as Delta-3 THC);

3 (G) Delta 10a THC (Delta 10-Tetrahydrocannabinol

4 acid);

5 (H) Delta-11 THC (Delta-11tetrahydrocannabinol)

6 (I) HHC (Hexahydrocannabinol);

7 (J) HHCP (Hexahydrocannabiphorol);

8 (K) HHCH (Hexahydrocannabihexol);

9 (L) exo-THC (Delta 9,11-Tetrahydrocannabinol);

10 (M) THCP (Tetrahydrocannabiphorol);

11 (N) THCB (Tetrahydrocannabutol);

12 (O) THCH (Tetrahydrocannabihexol);

13 (P) THC-O-Acetate (Delta-9-Tetrahydrocannabinol

14 acetate, THC-O/ATHC);

15 (Q) HHC-O-Acetate (Hexahydrocannabinol O acetate,

16 HHC-O);

17 (R) THCP-O

18 (Delta-9-Tetrahydrocannabiphorol-O-acetate);

19 (S) THCJD (Tetrahydrocannabioctyl); and

20 (T) All tetrahydrocannabinol class cannabinoids

21 that appear on a list of cannabinoids that are known to

22 the federal Food and Drug Administration to have

23 similar effects to, or marketed to have similar

24 effects to, tetrahydrocannabinol class cannabinoids

25 and that is published by the federal Food and Drug

26 Administration pursuant to 7 U.S.C. 1639o.

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1 (b) The Department, by rule, may add, change, or remove

2 any of the items included in the lists established in this

3 Section.

4 (c) The Department shall publish any updates to the list,

5 including any federal additions, on its website.

6 Section 20. Hemp and industrial hemp cultivation.

7 (a) No person shall cultivate hemp or industrial hemp in

8 this State without a hemp cultivation license issued by the

9 Department.

10 (b) An application for a cultivation license shall

11 include:

12 (1) the name and address of the applicant; and

13 (2) the legal description of the land area to be used

14 to cultivate hemp, including Global Positioning System

15 coordinates.

16 (c) The Department may determine, by rule, the duration of

17 a cultivation license, applicable license fees, and the

18 requirements for license renewal.

19 (d) The Department shall submit to the Secretary of the

20 United States Department of Agriculture a hemp production plan

21 under which the Department monitors and regulates the

22 cultivation of hemp and industrial hemp in this State. The

23 Department shall adopt rules incorporating the hemp production

24 plan, including application and licensing requirements.

25 (e) The Department may conduct inspections of hemp

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1 cultivation licensees at the Department's discretion.

2 (f) The Department shall adopt rules necessary for the

3 administration and enforcement of this Act in accordance with

4 all applicable State and federal laws and regulations,

5 including rules governing standards and criteria for licensure

6 and registration, payment of applicable fees, required

7 signage, and forms required for the administration of this

8 Act.

9 (g) The Department shall adopt rules for the testing of

10 hemp THC levels and the disposal of plant matter exceeding

11 lawful THC levels, including an option for a cultivator to

12 request a retest for a minor violation, with the retest

13 threshold determined by the Department and set by rule.

14 (h) The Department may impose fines, not to exceed

15 $10,000, on hemp cultivation licensees for violations of this

16 Act and rules.

17 (i) The Department's rules that are related to the

18 cultivation of industrial hemp and adopted under the

19 Industrial Hemp Act shall remain in effect until superseded by

20 rules adopted under this Act. Upon the effective date of this

21 Act, hemp cultivation licensees under the Industrial Hemp Act

22 shall be automatically licensed under this Act subject to the

23 existing renewal period.

24 Section 25. Industrial hemp processing.

25 (a) Any person that processes or handles raw industrial

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1 hemp plant material to create a product not intended for human

2 or animal consumption shall obtain an industrial hemp

3 processor registration. The license application shall be on a

4 form prescribed by the Department and shall contain the name

5 of the licensee, the location of the processing facility, and

6 a list of products to be produced by the industrial hemp

7 processor.

8 (b) The Department may adopt rules regulating industrial

9 hemp processing. The Department may also inspect industrial

10 hemp processing facilities and, if necessary, collect samples

11 for testing at its discretion.

12 (c) An industrial hemp processor shall only create

13 products derived from industrial hemp and shall not create any

14 product that contains cannabinoids. The Department may revoke

15 the license of an industrial hemp processor that violates this

16 subsection.

17 (d) An industrial hemp processor license shall be valid

18 for 2 years and shall be subject to a fee of $200.

19 (e) Industrial hemp processor registrants under the

20 Industrial Hemp Act shall be required to obtain an industrial

21 hemp processor license or a hemp product manufacturing license

22 under this Act. Industrial hemp processor registrants under

23 the Industrial Hemp Act may request a prorated refund of the

24 registration fee submitted under that Act.

25 Section 30. Intermediate hemp products and hemp product

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1 manufacturing.

2 (a) Any person that processes or handles hemp (other than

3 industrial hemp) or intermediate hemp-derived cannabinoid

4 products shall obtain a hemp product manufacturer license from

5 the Department.

6 (b) Hemp product manufacturers shall obtain hemp only from

7 hemp growers licensed by the United States Department of

8 Agriculture or an approved State or tribal hemp program and

9 may only produce products that are permitted to be sold under

10 federal or State law. Hemp product manufacturers shall not

11 sell any products that do not comply with the requirements of

12 the jurisdiction in which they are sold.

13 (c) A hemp product manufacturer shall only produce

14 products that meet the definition of hemp, intermediate

15 hemp-derived cannabinoid product, or final consumer hemp

16 cannabinoid product. A hemp product manufacturer shall not

17 create artificially derived cannabinoids.

18 (d) An application for licensure shall be submitted to the

19 Department on a form prescribed by the Department and shall

20 include, but shall not be limited to:

21 (1) the entity name, address, email address, and

22 telephone number of the applicant;

23 (2) identification of the facility to be used;

24 separate licenses are required for separate facilities;

25 (3) a copy of the applicable local zoning ordinance

26 and verification that the facility location is not in an

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1 area zoned for residential use and complies with local

2 zoning rules and distance limitations established by the

3 local jurisdiction;

4 (4) identification of an authorized point of contact

5 for interactions with the Department; and

6 (5) a list of all operations and processes to be

7 conducted at the facility; licensees shall keep this list

8 current at all times.

9 (e) The Department shall inspect the facility to assess

10 whether the facility is suitable for operations prior to

11 issuing a license. A license is valid only for the location

12 listed in the application. A new application is required for

13 each new location.

14 (f) A hemp product manufacturer shall operate under the

15 supervision of a food service sanitation manager certified by

16 the Department of Public Health.

17 (g) The facility shall be in compliance with the Illinois

18 Food, Drug, and Cosmetic Act, the Sanitary Food Preparation

19 Act, and the Food Handling Regulation Enforcement Act.

20 (h) A hemp product manufacturer may perform hemp

21 extraction to create hemp concentrate that meets the

22 definition of an intermediate hemp-derived cannabinoid product

23 upon approval by the Department. The hemp product manufacturer

24 shall provide in its application and keep up to date all

25 methods of extraction and concentration that the manufacturer

26 will use and identify the chemicals, if any, that will be used.

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1 All extraction methods and chemicals shall be approved by the

2 Department. The Department shall adopt rules regulating hemp

3 extraction, which shall include, at a minimum, an annual

4 inspection by a professional engineer. Extraction equipment

5 and processing sites shall be designed, installed, and

6 maintained in accordance with codes of recognized and

7 generally accepted good engineering practices, such as the

8 National Fire Protection Association (NFPA), International

9 Fire Code (IFC), American Society of Mechanical Engineers

10 (ASME), and Underwriters Laboratories (UL).

11 (i) A hemp product manufacturer must comply with State and

12 local building, fire, and zoning codes, requirements, and

13 regulations.

14 (j) The Department may adopt rules that set facility

15 standards and specifications, application requirements,

16 production standards, security requirements, and any other

17 requirements to ensure a safe and compliant facility.

18 (k) Hemp product manufacturing licenses shall be valid for

19 2 years and be subject to a license fee of $5,000. The

20 Department shall waive the fee for any public institution of

21 higher education, as defined in the Public Higher Education

22 Act.

23 (l) The Department may impose fines, not to exceed

24 $10,000, on hemp product manufacturers for violation of this

25 Act and rules.

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1 Section 35. Final consumer hemp products.

2 (a) All final consumer hemp cannabinoid products

3 distributed, sold, or offered for sale in this State shall

4 meet the following minimum requirements:

5 (1) the product shall meet the definition of "final

6 consumer hemp cannabinoid product";

7 (2) the product shall not contain liquor, wine, beer,

8 or cider, or otherwise meet the definition of "alcoholic

9 liquor" under the Liquor Control Act of 1934;

10 (3) the product shall not contain tobacco or nicotine;

11 (4) the product shall consist of a consumable or

12 topical product, such as an edible food or beverage, and

13 shall not be intended to be smoked or vaped or otherwise

14 meet the definition of electronic cigarette as defined by

15 the Tobacco Products Tax Act of 1995;

16 (5) the product shall contain only ingredients that

17 are generally recognized as safe (GRAS) for use in food or

18 are approved food additives under the Federal Food, Drug,

19 and Cosmetic Act, unless otherwise authorized by the

20 Department by rule; and

21 (6) the product shall be prepackaged and shall not be

22 added to food or any other consumable product at the point

23 of sale.

24 (b) Prior to sale to the public, a representative sample

25 of each lot shall be tested by a laboratory approved by the

26 Department under the Cannabis Regulation and Tax Act. The

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1 representative sample shall be tested for all tests required

2 under 8 Ill. Admin. Code 1300.700, or the Department may set

3 alternative testing standards by rule under this Act. The

4 Department may also conduct testing of any product purported

5 to be a final consumer hemp cannabinoid product. A current

6 certificate of analysis shall be made available to the

7 Department, to any retailer carrying the product, and to

8 consumers via a scannable code or link on the product label.

9 (c) Every hemp-derived product offered for sale shall bear

10 a label containing, at a minimum:

11 (1) the product name;

12 (2) the net weight or volume;

13 (3) a complete and accurate list of all ingredients in

14 descending order of predominance;

15 (4) the identity and quantity of each cannabinoid

16 present in the product at a level above 0.4 milligrams,

17 expressed in milligrams per serving and per container;

18 (5) the number of servings per container;

19 (6) the batch or lot number;

20 (7) the name, business address, and contact

21 information of the manufacturer or distributor;

22 (8) an expiration or use by date; and

23 (9) a quick response (QR) or equivalent scannable code

24 or website linking to the certificate of analysis for the

25 batch.

26 The Department may make modifications and additions to

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1 these requirements by rule.

2 (d) All final hemp consumer cannabinoid products shall be

3 sold in a container as defined by this Act. Each container

4 shall be individually wrapped or packaged at the original

5 point of preparation. Any product containing hemp shall be

6 packaged in a sealed, child-resistant container that complies

7 with current standards, including the Consumer Product Safety

8 Commission standards referenced in the federal Poison

9 Prevention Packaging Act or any other requirement set by the

10 Department by rule.

11 (e) Labels and Packaging must not contain information

12 that:

13 (1) is false or misleading or includes a

14 representation that the product is a cannabis product;

15 (2) promotes excessive consumption;

16 (3) includes any image designed or likely to appeal to

17 minors, including cartoons, fruit, toys, animals, or

18 children, or any other likeness to images, characters, or

19 phrases used to advertise to children;

20 (4) imitates the trade dress, name, or packaging of

21 any commercial non-cannabis or non-hemp food, candy,

22 beverage, or product primarily marketed to children;

23 (5) contains any seal, flag, crest, coat of arms, or

24 other insignia likely to mislead a purchaser into

25 believing the product has been endorsed, made, or used by

26 the State of Illinois or any of its representatives,

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1 except where authorized by this Act;

2 (6) misstates or omits cannabinoid content or

3 ingredients; or

4 (7) makes health claims.

5 (f) Labeling and packaging requirements may be modified by

6 the Department by rule.

7 (g) The Department may issue a mandatory recall for any

8 product or product line found to be in violation of any

9 provision of this Section.

10 Section 40. Violations.

11 (a) A person or retailer that sells, offers for sale,

12 distributes, or holds for sale a final consumer hemp

13 cannabinoid product that does not comply with any requirement

14 of this Act or any rule adopted under this Act commits a

15 violation of this Act. Products derived from the plant

16 Cannabis sativa L. that do not meet the definition of hemp or

17 hemp-derived cannabinoid product are considered cannabis as

18 defined by the Cannabis Regulation and Tax Act and Cannabis

19 Control Act. Nothing in this Act limits the authority of any

20 other State agency or unit of local government to inspect a

21 person or retailer subject to this Act or to enforce other

22 applicable laws.

23 (b) The Department of Agriculture, Department of Financial

24 and Professional Regulation, Department of Public Health,

25 Illinois State Police, Department of Revenue, and the unit of

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1 local government where the premises are located may, during

2 ordinary business hours, enter and inspect any premises where

3 hemp-derived cannabinoid products or final consumer hemp

4 cannabinoid products are sold, offered for sale, stored, or

5 distributed. Refusal to permit inspection constitutes a

6 separate violation subject to a fine under Section 45.

7 Section 45. Penalties. Upon a finding that a person or

8 retailer has violated this Act, the Department may impose

9 fines as follows:

10 (1) for a first violation within a 24-month period, a

11 fine not to exceed $500;

12 (2) for a second violation within a 24-month period, a

13 fine not to exceed $750; and

14 (3) for a third or subsequent violation within a

15 24-month period, a fine not to exceed $1,000.

16 Fines imposed under this subsection are in addition to,

17 and not in lieu of, any other civil, criminal, or

18 administrative remedy available under this Act or any other

19 law. All penalties collected shall be deposited into the

20 Illinois Hemp Regulatory Fund.

21 Section 50. Cease and desist orders; mandatory recalls;

22 consumer fraud.

23 (a) The Director may issue a cease and desist order to any

24 person doing business without the required license or when in

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1 the opinion of the Director the person is violating or is about

2 to violate any provision of this Act or any rule or requirement

3 imposed in writing by the Department, including the sale of

4 products not in compliance with this Act. The cease and desist

5 order permitted by this Section may be issued before a

6 hearing.

7 (b) The Director shall serve notice of the Director's

8 action, including, but not limited to, a statement of the

9 reasons for the action, either personally, or by certified

10 mail, or by regular mail. Service by certified or regular mail

11 shall be deemed completed when the notice is deposited in the

12 U.S. Mail.

13 (c) Within 10 calendar days after service of the cease and

14 desist order, the licensee or other person may request a

15 hearing in writing. The Director shall schedule a hearing

16 within 90 days after the request for a hearing unless

17 otherwise agreed to by the parties.

18 (d) If it is determined that the Director had the

19 authority to issue the cease and desist order, the Director

20 may issue such orders as may be reasonably necessary to

21 correct, eliminate, or remedy the conduct.

22 (e) The Director may seek to compel compliance with the

23 Cease and Desist Order in the circuit court through the

24 Attorney General's Office. Any person in violation of a cease

25 and desist order issued by the Department is subject to all

26 penalties provided by law.

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1 (f) The powers vested in the Director by this Section are

2 in addition to any and all other powers and remedies vested in

3 the Director by law, and nothing in this Section shall be

4 construed as requiring that the Director shall employ the

5 power conferred in this Section instead of or as a condition

6 precedent to the exercise of any other power or remedy vested

7 in the Director.

8 (g) Whenever the Department issues a mandatory recall

9 under this Act, every person or retailer in possession of the

10 recalled product shall, within the time specified in the

11 recall order, remove the product from sale, segregate it from

12 compliant inventory, and either return it to the manufacturer

13 or distributor or hold it for destruction in accordance with

14 Department instructions. A person or retailer that fails to

15 comply with a mandatory recall order is subject to a civil

16 penalty under rules adopted by the Department for each day the

17 violation continues, and each non-compliant product retained

18 in violation of the order constitutes a separate violation.

19 (h) When a product recalled under this Section has been

20 finally determined by the Department to be non-compliant, the

21 Director may petition the circuit court of the county in which

22 the product is located for an order condemning the product and

23 directing its destruction or other lawful disposition at the

24 expense of the person or retailer in possession.

25 (i) The Department may adopt rules necessary to administer

26 and enforce this Section, including rules establishing a

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1 schedule of presumptive civil penalties, procedures for

2 stop-sale orders and embargoes, standards for manufacturer

3 certifications of compliance, and procedures for mandatory

4 recalls.

5 (j) The Attorney General may also enforce a violation of

6 this Act as an unlawful practice under the Consumer Fraud and

7 Deceptive Business Practices Act.

8 Section 55. Illinois Hemp Regulatory Fund. There is

9 created in the State treasury a special fund to be known as the

10 Illinois Hemp Regulatory Fund. All fees and fines collected by

11 the Department under this Act shall be deposited into the

12 Fund. Moneys in the Illinois Hemp Regulatory Fund shall be

13 used by the Department for the purposes of implementing,

14 administering, and enforcing this Act.

15 Notwithstanding any other provision of law, in addition to

16 any other transfers that may be provided by law, on November

17 12, 2026, or as soon thereafter as practical, the State

18 Comptroller shall direct and the State Treasurer shall

19 transfer the remaining balance from the Industrial Hemp

20 Regulatory Fund into the Illinois Hemp Regulatory Fund. Upon

21 completion of the transfers, the Industrial Hemp Regulatory

22 Fund is dissolved, and any future deposits due to that Fund and

23 any outstanding obligations or liabilities of that Fund pass

24 to the Illinois Hemp Regulatory Fund.

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1 Section 60. Immunity. Except for willful or wanton

2 misconduct, a person employed by the Department shall not be

3 subject to criminal or civil liability for taking any action

4 under this Act within the scope of his or her employment.

5 Representation and indemnification of Department employees

6 shall be provided as set forth in Section 2 of the State

7 Employee Indemnification Act.

8 Section 65. Construction.

9 (a) Nothing in this Act shall be construed to authorize

10 any person to violate any federal rule, regulation, or law.

11 If, as of November 13, 2026, this Act conflicts with the

12 statutory text of 7 U.S.C. 1639p, the federal provision, as of

13 November 13, 2026, shall control to the extent of the

14 conflict.

15 (b) Nothing in this Act shall prohibit the transportation

16 or shipment of hemp or hemp products produced in accordance

17 with subtitle G of the Agricultural Marketing Act of 1946 (7

18 U.S.C. 1639o et seq.) through the State.

19 Section 70. Home Rule. A home rule unit may not regulate

20 hemp in a manner less restrictive than the regulation of hemp

21 under this Act. This Section is a limitation under subsection

22 (i) of Section 6 of Article VII of the Illinois Constitution on

23 the concurrent exercise by home rule units of powers and

24 functions exercised by the State.

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1 Section 100. The Department of Professional Regulation Law

2 of the Civil Administrative Code of Illinois is amended by

3 changing Section 2105-117 as follows:

4 (20 ILCS 2105/2105-117)

5 Sec. 2105-117. Confidentiality. All information collected

6 by the Department in the course of an examination or

7 investigation of a licensee, registrant, or applicant,

8 including, but not limited to, any complaint against a

9 licensee or registrant filed with the Department and

10 information collected to investigate any such complaint, shall

11 be maintained for the confidential use of the Department and

12 shall not be disclosed. The Department may not disclose the

13 information to anyone other than law enforcement officials,

14 other regulatory agencies that have an appropriate regulatory

15 interest as determined by the Director, the Office of the

16 Executive Inspector General, or a party presenting a lawful

17 subpoena to the Department. Information and documents

18 disclosed to a federal, State, county, or local law

19 enforcement agency, including the Office of the Executive

20 Inspector General, shall not be disclosed by the agency for

21 any purpose to any other agency or person, except as necessary

22 to those involved in enforcing the State Officials and

23 Employees Ethics Act. A formal complaint filed against a

24 licensee or registrant by the Department or any order issued

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1 by the Department against a licensee, registrant, or applicant

2 shall be a public record, except as otherwise prohibited by

3 law.

4 (Source: P.A. 99-227, eff. 8-3-15.)

5 Section 105. The Criminal Identification Act is amended by

6 changing Section 5.2 as follows:

7 (20 ILCS 2630/5.2)

8 (Text of Section before amendment by P.A. 104-459)

9 Sec. 5.2. Expungement, sealing, and immediate sealing.

10 (a) General Provisions.

11 (1) Definitions. In this Act, words and phrases have

12 the meanings set forth in this subsection, except when a

13 particular context clearly requires a different meaning.

14 (A) The following terms shall have the meanings

15 ascribed to them in the following Sections of the

16 Unified Code of Corrections:

17 Business Offense, Section 5-1-2.

18 Charge, Section 5-1-3.

19 Court, Section 5-1-6.

20 Defendant, Section 5-1-7.

21 Felony, Section 5-1-9.

22 Imprisonment, Section 5-1-10.

23 Judgment, Section 5-1-12.

24 Misdemeanor, Section 5-1-14.

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1 Offense, Section 5-1-15.

2 Parole, Section 5-1-16.

3 Petty Offense, Section 5-1-17.

4 Probation, Section 5-1-18.

5 Sentence, Section 5-1-19.

6 Supervision, Section 5-1-21.

7 Victim, Section 5-1-22.

8 (B) As used in this Section, "charge not initiated

9 by arrest" means a charge (as defined by Section 5-1-3

10 of the Unified Code of Corrections) brought against a

11 defendant where the defendant is not arrested prior to

12 or as a direct result of the charge.

13 (C) "Conviction" means a judgment of conviction or

14 sentence entered upon a plea of guilty or upon a

15 verdict or finding of guilty of an offense, rendered

16 by a legally constituted jury or by a court of

17 competent jurisdiction authorized to try the case

18 without a jury. An order of supervision successfully

19 completed by the petitioner is not a conviction. An

20 order of qualified probation (as defined in subsection

21 (a)(1)(J)) successfully completed by the petitioner is

22 not a conviction. An order of supervision or an order

23 of qualified probation that is terminated

24 unsatisfactorily is a conviction, unless the

25 unsatisfactory termination is reversed, vacated, or

26 modified and the judgment of conviction, if any, is

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1 reversed or vacated.

2 (D) "Criminal offense" means a petty offense,

3 business offense, misdemeanor, felony, or municipal

4 ordinance violation (as defined in subsection

5 (a)(1)(H)). As used in this Section, a minor traffic

6 offense (as defined in subsection (a)(1)(G)) shall not

7 be considered a criminal offense.

8 (E) "Expunge" means to physically destroy the

9 records or return them to the petitioner and to

10 obliterate the petitioner's name from any official

11 index or public record, or both. Nothing in this Act

12 shall require the physical destruction of the circuit

13 court file, but such records relating to arrests or

14 charges, or both, ordered expunged shall be impounded

15 as required by subsections (d)(9)(A)(ii) and

16 (d)(9)(B)(ii).

17 (F) As used in this Section, "last sentence" means

18 the sentence, order of supervision, or order of

19 qualified probation (as defined by subsection

20 (a)(1)(J)), for a criminal offense (as defined by

21 subsection (a)(1)(D)) that terminates last in time in

22 any jurisdiction, regardless of whether the petitioner

23 has included the criminal offense for which the

24 sentence or order of supervision or qualified

25 probation was imposed in his or her petition. If

26 multiple sentences, orders of supervision, or orders

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1 of qualified probation terminate on the same day and

2 are last in time, they shall be collectively

3 considered the "last sentence" regardless of whether

4 they were ordered to run concurrently.

5 (G) "Minor traffic offense" means a petty offense,

6 business offense, or Class C misdemeanor under the

7 Illinois Vehicle Code or a similar provision of a

8 municipal or local ordinance.

9 (G-5) "Minor Cannabis Offense" means a violation

10 of Section 4 or 5 of the Cannabis Control Act

11 concerning not more than 60 ~~30~~ grams of any substance

12 containing cannabis, provided the violation did not

13 include a penalty enhancement under Section 7 of the

14 Cannabis Control Act and is not associated with an

15 arrest, conviction or other disposition for a violent

16 crime as defined in subsection (c) of Section 3 of the

17 Rights of Crime Victims and Witnesses Act.

18 (H) "Municipal ordinance violation" means an

19 offense defined by a municipal or local ordinance that

20 is criminal in nature and with which the petitioner

21 was charged or for which the petitioner was arrested

22 and released without charging.

23 (I) "Petitioner" means an adult or a minor

24 prosecuted as an adult who has applied for relief

25 under this Section.

26 (J) "Qualified probation" means an order of

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1 probation under Section 10 of the Cannabis Control

2 Act, Section 410 of the Illinois Controlled Substances

3 Act, Section 70 of the Methamphetamine Control and

4 Community Protection Act, Section 5-6-3.3 or 5-6-3.4

5 of the Unified Code of Corrections, Section

6 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

7 those provisions existed before their deletion by

8 Public Act 89-313), Section 10-102 of the Illinois

9 Alcoholism and Other Drug Dependency Act, Section

10 40-10 of the Substance Use Disorder Act, or Section 10

11 of the Steroid Control Act. For the purpose of this

12 Section, "successful completion" of an order of

13 qualified probation under Section 10-102 of the

14 Illinois Alcoholism and Other Drug Dependency Act and

15 Section 40-10 of the Substance Use Disorder Act means

16 that the probation was terminated satisfactorily and

17 the judgment of conviction was vacated.

18 (K) "Seal" means to physically and electronically

19 maintain the records, unless the records would

20 otherwise be destroyed due to age, but to make the

21 records unavailable without a court order, subject to

22 the exceptions in Sections 12 and 13 of this Act. The

23 petitioner's name shall also be obliterated from the

24 official index required to be kept by the circuit

25 court clerk under Section 16 of the Clerks of Courts

26 Act, but any index issued by the circuit court clerk

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1 before the entry of the order to seal shall not be

2 affected.

3 (L) "Sexual offense committed against a minor"

4 includes, but is not limited to, the offenses of

5 indecent solicitation of a child or criminal sexual

6 abuse when the victim of such offense is under 18 years

7 of age.

8 (M) "Terminate" as it relates to a sentence or

9 order of supervision or qualified probation includes

10 either satisfactory or unsatisfactory termination of

11 the sentence, unless otherwise specified in this

12 Section. A sentence is terminated notwithstanding any

13 outstanding financial legal obligation.

14 (2) Minor Traffic Offenses. Orders of supervision or

15 convictions for minor traffic offenses shall not affect a

16 petitioner's eligibility to expunge or seal records

17 pursuant to this Section.

18 (2.5) Commencing 180 days after July 29, 2016 (the

19 effective date of Public Act 99-697), the law enforcement

20 agency issuing the citation shall automatically expunge,

21 on or before January 1 and July 1 of each year, the law

22 enforcement records of a person found to have committed a

23 civil law violation of subsection (a) of Section 4 of the

24 Cannabis Control Act or subsection (c) of Section 3.5 of

25 the Drug Paraphernalia Control Act in the law enforcement

26 agency's possession or control and which contains the

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1 final satisfactory disposition which pertain to the person

2 issued a citation for that offense. The law enforcement

3 agency shall provide by rule the process for access,

4 review, and to confirm the automatic expungement by the

5 law enforcement agency issuing the citation. Commencing

6 180 days after July 29, 2016 (the effective date of Public

7 Act 99-697), the clerk of the circuit court shall expunge,

8 upon order of the court, or in the absence of a court order

9 on or before January 1 and July 1 of each year, the court

10 records of a person found in the circuit court to have

11 committed a civil law violation of subsection (a) of

12 Section 4 of the Cannabis Control Act or subsection (c) of

13 Section 3.5 of the Drug Paraphernalia Control Act in the

14 clerk's possession or control and which contains the final

15 satisfactory disposition which pertain to the person

16 issued a citation for any of those offenses.

17 (3) Exclusions. Except as otherwise provided in

18 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

19 of this Section, the court shall not order:

20 (A) the sealing or expungement of the records of

21 arrests or charges not initiated by arrest that result

22 in an order of supervision for or conviction of: (i)

23 any sexual offense committed against a minor; (ii)

24 Section 11-501 of the Illinois Vehicle Code or a

25 similar provision of a local ordinance; or (iii)

26 Section 11-503 of the Illinois Vehicle Code or a

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1 similar provision of a local ordinance, unless the

2 arrest or charge is for a misdemeanor violation of

3 subsection (a) of Section 11-503 or a similar

4 provision of a local ordinance, that occurred prior to

5 the offender reaching the age of 25 years and the

6 offender has no other conviction for violating Section

7 11-501 or 11-503 of the Illinois Vehicle Code or a

8 similar provision of a local ordinance.

9 (B) the sealing or expungement of records of minor

10 traffic offenses (as defined in subsection (a)(1)(G)),

11 unless the petitioner was arrested and released

12 without charging.

13 (C) the sealing of the records of arrests or

14 charges not initiated by arrest which result in an

15 order of supervision or a conviction for the following

16 offenses:

17 (i) offenses included in Article 11 of the

18 Criminal Code of 1961 or the Criminal Code of 2012

19 or a similar provision of a local ordinance,

20 except Section 11-14 and a misdemeanor violation

21 of Section 11-30 of the Criminal Code of 1961 or

22 the Criminal Code of 2012, or a similar provision

23 of a local ordinance;

24 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

25 26-5, or 48-1 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, or a similar provision of a

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1 local ordinance;

2 (iii) Section 12-3.1 or 12-3.2 of the Criminal

3 Code of 1961 or the Criminal Code of 2012, or

4 Section 125 of the Stalking No Contact Order Act,

5 or Section 219 of the Civil No Contact Order Act,

6 or a similar provision of a local ordinance;

7 (iv) Class A misdemeanors or felony offenses

8 under the Humane Care for Animals Act; or

9 (v) any offense or attempted offense that

10 would subject a person to registration under the

11 Sex Offender Registration Act.

12 (D) (blank).

13 (b) Expungement.

14 (1) A petitioner may petition the circuit court to

15 expunge the records of his or her arrests and charges not

16 initiated by arrest when each arrest or charge not

17 initiated by arrest sought to be expunged resulted in: (i)

18 acquittal, dismissal, or the petitioner's release without

19 charging, unless excluded by subsection (a)(3)(B); (ii) a

20 conviction which was vacated or reversed, unless excluded

21 by subsection (a)(3)(B); (iii) an order of supervision and

22 such supervision was successfully completed by the

23 petitioner, unless excluded by subsection (a)(3)(A) or

24 (a)(3)(B); or (iv) an order of qualified probation (as

25 defined in subsection (a)(1)(J)) and such probation was

26 successfully completed by the petitioner.

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1 (1.5) When a petitioner seeks to have a record of

2 arrest expunged under this Section, and the offender has

3 been convicted of a criminal offense, the State's Attorney

4 may object to the expungement on the grounds that the

5 records contain specific relevant information aside from

6 the mere fact of the arrest.

7 (2) Time frame for filing a petition to expunge.

8 (A) When the arrest or charge not initiated by

9 arrest sought to be expunged resulted in an acquittal,

10 dismissal, the petitioner's release without charging,

11 or the reversal or vacation of a conviction, there is

12 no waiting period to petition for the expungement of

13 such records.

14 (A-5) In anticipation of the successful completion

15 of a problem-solving court, pre-plea diversion, or

16 post-plea diversion program, a petition for

17 expungement may be filed 61 days before the

18 anticipated dismissal of the case or any time

19 thereafter. Upon successful completion of the program

20 and dismissal of the case, the court shall review the

21 petition of the person graduating from the program and

22 shall grant expungement if the petitioner meets all

23 requirements as specified in any applicable statute.

24 (B) When the arrest or charge not initiated by

25 arrest sought to be expunged resulted in an order of

26 supervision, successfully completed by the petitioner,

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1 the following time frames will apply:

2 (i) Those arrests or charges that resulted in

3 orders of supervision under Section 3-707, 3-708,

4 3-710, or 5-401.3 of the Illinois Vehicle Code or

5 a similar provision of a local ordinance, or under

6 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

7 Code of 1961 or the Criminal Code of 2012, or a

8 similar provision of a local ordinance, shall not

9 be eligible for expungement until 5 years have

10 passed following the satisfactory termination of

11 the supervision.

12 (i-5) Those arrests or charges that resulted

13 in orders of supervision for a misdemeanor

14 violation of subsection (a) of Section 11-503 of

15 the Illinois Vehicle Code or a similar provision

16 of a local ordinance, that occurred prior to the

17 offender reaching the age of 25 years and the

18 offender has no other conviction for violating

19 Section 11-501 or 11-503 of the Illinois Vehicle

20 Code or a similar provision of a local ordinance

21 shall not be eligible for expungement until the

22 petitioner has reached the age of 25 years.

23 (ii) Those arrests or charges that resulted in

24 orders of supervision for any other offenses shall

25 not be eligible for expungement until 2 years have

26 passed following the satisfactory termination of

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1 the supervision.

2 (C) When the arrest or charge not initiated by

3 arrest sought to be expunged resulted in an order of

4 qualified probation, successfully completed by the

5 petitioner, such records shall not be eligible for

6 expungement until 5 years have passed following the

7 satisfactory termination of the probation.

8 (3) Those records maintained by the Illinois State

9 Police for persons arrested prior to their 17th birthday

10 shall be expunged as provided in Section 5-915 of the

11 Juvenile Court Act of 1987.

12 (4) Whenever a person has been arrested for or

13 convicted of any offense, in the name of a person whose

14 identity he or she has stolen or otherwise come into

15 possession of, the aggrieved person from whom the identity

16 was stolen or otherwise obtained without authorization,

17 upon learning of the person having been arrested using his

18 or her identity, may, upon verified petition to the chief

19 judge of the circuit wherein the arrest was made, have a

20 court order entered nunc pro tunc by the Chief Judge to

21 correct the arrest record, conviction record, if any, and

22 all official records of the arresting authority, the

23 Illinois State Police, other criminal justice agencies,

24 the prosecutor, and the trial court concerning such

25 arrest, if any, by removing his or her name from all such

26 records in connection with the arrest and conviction, if

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1 any, and by inserting in the records the name of the

2 offender, if known or ascertainable, in lieu of the

3 aggrieved's name. The records of the circuit court clerk

4 shall be sealed until further order of the court upon good

5 cause shown and the name of the aggrieved person

6 obliterated on the official index required to be kept by

7 the circuit court clerk under Section 16 of the Clerks of

8 Courts Act, but the order shall not affect any index

9 issued by the circuit court clerk before the entry of the

10 order. Nothing in this Section shall limit the Illinois

11 State Police or other criminal justice agencies or

12 prosecutors from listing under an offender's name the

13 false names he or she has used.

14 (5) Whenever a person has been convicted of criminal

15 sexual assault, aggravated criminal sexual assault,

16 predatory criminal sexual assault of a child, criminal

17 sexual abuse, or aggravated criminal sexual abuse, the

18 victim of that offense may request that the State's

19 Attorney of the county in which the conviction occurred

20 file a verified petition with the presiding trial judge at

21 the petitioner's trial to have a court order entered to

22 seal the records of the circuit court clerk in connection

23 with the proceedings of the trial court concerning that

24 offense. However, the records of the arresting authority

25 and the Illinois State Police concerning the offense shall

26 not be sealed. The court, upon good cause shown, shall

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1 make the records of the circuit court clerk in connection

2 with the proceedings of the trial court concerning the

3 offense available for public inspection.

4 (6) If a conviction has been set aside on direct

5 review or on collateral attack and the court determines by

6 clear and convincing evidence that the petitioner was

7 factually innocent of the charge, the court that finds the

8 petitioner factually innocent of the charge shall enter an

9 expungement order for the conviction for which the

10 petitioner has been determined to be innocent as provided

11 in subsection (b) of Section 5-5-4 of the Unified Code of

12 Corrections.

13 (7) Nothing in this Section shall prevent the Illinois

14 State Police from maintaining all records of any person

15 who is admitted to probation upon terms and conditions and

16 who fulfills those terms and conditions pursuant to

17 Section 10 of the Cannabis Control Act, Section 410 of the

18 Illinois Controlled Substances Act, Section 70 of the

19 Methamphetamine Control and Community Protection Act,

20 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

21 Corrections, Section 12-4.3 or subdivision (b)(1) of

22 Section 12-3.05 of the Criminal Code of 1961 or the

23 Criminal Code of 2012, Section 10-102 of the Illinois

24 Alcoholism and Other Drug Dependency Act, Section 40-10 of

25 the Substance Use Disorder Act, or Section 10 of the

26 Steroid Control Act.

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1 (8) If the petitioner has been granted a certificate

2 of innocence under Section 2-702 of the Code of Civil

3 Procedure, the court that grants the certificate of

4 innocence shall also enter an order expunging the

5 conviction for which the petitioner has been determined to

6 be innocent as provided in subsection (h) of Section 2-702

7 of the Code of Civil Procedure.

8 (c) Sealing.

9 (1) Applicability. Notwithstanding any other provision

10 of this Act to the contrary, and cumulative with any

11 rights to expungement of criminal records, this subsection

12 authorizes the sealing of criminal records of adults and

13 of minors prosecuted as adults. Subsection (g) of this

14 Section provides for immediate sealing of certain records.

15 (2) Eligible Records. The following records may be

16 sealed:

17 (A) All arrests resulting in release without

18 charging;

19 (B) Arrests or charges not initiated by arrest

20 resulting in acquittal, dismissal, or conviction when

21 the conviction was reversed or vacated, except as

22 excluded by subsection (a)(3)(B);

23 (C) Arrests or charges not initiated by arrest

24 resulting in orders of supervision, including orders

25 of supervision for municipal ordinance violations,

26 successfully completed by the petitioner, unless

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1 excluded by subsection (a)(3);

2 (D) Arrests or charges not initiated by arrest

3 resulting in convictions, including convictions on

4 municipal ordinance violations, unless excluded by

5 subsection (a)(3);

6 (E) Arrests or charges not initiated by arrest

7 resulting in orders of first offender probation under

8 Section 10 of the Cannabis Control Act, Section 410 of

9 the Illinois Controlled Substances Act, Section 70 of

10 the Methamphetamine Control and Community Protection

11 Act, or Section 5-6-3.3 of the Unified Code of

12 Corrections; and

13 (F) Arrests or charges not initiated by arrest

14 resulting in felony convictions unless otherwise

15 excluded by subsection (a) paragraph (3) of this

16 Section.

17 (3) When Records Are Eligible to Be Sealed. Records

18 identified as eligible under subsection (c)(2) may be

19 sealed as follows:

20 (A) Records identified as eligible under

21 subsections (c)(2)(A) and (c)(2)(B) may be sealed at

22 any time.

23 (B) Except as otherwise provided in subparagraph

24 (E) of this paragraph (3), records identified as

25 eligible under subsection (c)(2)(C) may be sealed 2

26 years after the termination of petitioner's last

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1 sentence (as defined in subsection (a)(1)(F)).

2 (C) Except as otherwise provided in subparagraph

3 (E) of this paragraph (3), records identified as

4 eligible under subsections (c)(2)(D), (c)(2)(E), and

5 (c)(2)(F) may be sealed 3 years after the termination

6 of the petitioner's last sentence (as defined in

7 subsection (a)(1)(F)). Convictions requiring public

8 registration under the Arsonist Registry Act, the Sex

9 Offender Registration Act, or the Murderer and Violent

10 Offender Against Youth Registration Act may not be

11 sealed until the petitioner is no longer required to

12 register under that relevant Act.

13 (D) Records identified in subsection

14 (a)(3)(A)(iii) may be sealed after the petitioner has

15 reached the age of 25 years.

16 (E) Records identified as eligible under

17 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or

18 (c)(2)(F) may be sealed upon termination of the

19 petitioner's last sentence if the petitioner earned a

20 high school diploma, associate's degree, career

21 certificate, vocational technical certification, or

22 bachelor's degree, or passed the high school level

23 Test of General Educational Development, during the

24 period of his or her sentence or mandatory supervised

25 release. This subparagraph shall apply only to a

26 petitioner who has not completed the same educational

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1 goal prior to the period of his or her sentence or

2 mandatory supervised release. If a petition for

3 sealing eligible records filed under this subparagraph

4 is denied by the court, the time periods under

5 subparagraph (B) or (C) shall apply to any subsequent

6 petition for sealing filed by the petitioner.

7 (4) Subsequent felony convictions. A person may not

8 have subsequent felony conviction records sealed as

9 provided in this subsection (c) if he or she is convicted

10 of any felony offense after the date of the sealing of

11 prior felony convictions as provided in this subsection

12 (c). The court may, upon conviction for a subsequent

13 felony offense, order the unsealing of prior felony

14 conviction records previously ordered sealed by the court.

15 (5) Notice of eligibility for sealing. Upon entry of a

16 disposition for an eligible record under this subsection

17 (c), the petitioner shall be informed by the court of the

18 right to have the records sealed and the procedures for

19 the sealing of the records.

20 (d) Procedure. The following procedures apply to

21 expungement under subsections (b), (e), and (e-6) and sealing

22 under subsections (c) and (e-5):

23 (1) Filing the petition. Upon becoming eligible to

24 petition for the expungement or sealing of records under

25 this Section, the petitioner shall file a petition

26 requesting the expungement or sealing of records with the

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1 clerk of the court where the arrests occurred or the

2 charges were brought, or both. If arrests occurred or

3 charges were brought in multiple jurisdictions, a petition

4 must be filed in each such jurisdiction. The petitioner

5 shall pay the applicable fee, except no fee shall be

6 required if the petitioner has obtained a court order

7 waiving fees under Supreme Court Rule 298 or it is

8 otherwise waived.

9 (1.5) County fee waiver pilot program. From August 9,

10 2019 (the effective date of Public Act 101-306) through

11 December 31, 2020, in a county of 3,000,000 or more

12 inhabitants, no fee shall be required to be paid by a

13 petitioner if the records sought to be expunged or sealed

14 were arrests resulting in release without charging or

15 arrests or charges not initiated by arrest resulting in

16 acquittal, dismissal, or conviction when the conviction

17 was reversed or vacated, unless excluded by subsection

18 (a)(3)(B). The provisions of this paragraph (1.5), other

19 than this sentence, are inoperative on and after January

20 1, 2022.

21 (2) Contents of petition. The petition shall be

22 verified and shall contain the petitioner's name, date of

23 birth, current address and, for each arrest or charge not

24 initiated by arrest sought to be sealed or expunged, the

25 case number, the date of arrest (if any), the identity of

26 the arresting authority, and such other information as the

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1 court may require. During the pendency of the proceeding,

2 the petitioner shall promptly notify the circuit court

3 clerk of any change of his or her address. If the

4 petitioner has received a certificate of eligibility for

5 sealing from the Prisoner Review Board under paragraph

6 (10) of subsection (a) of Section 3-3-2 of the Unified

7 Code of Corrections, the certificate shall be attached to

8 the petition.

9 (3) Drug test. The petitioner must attach to the

10 petition proof that the petitioner has taken within 30

11 days before the filing of the petition a test showing the

12 absence within his or her body of all illegal substances

13 as defined by the Illinois Controlled Substances Act and

14 the Methamphetamine Control and Community Protection Act

15 if he or she is petitioning to:

16 (A) seal felony records under clause (c)(2)(E);

17 (B) seal felony records for a violation of the

18 Illinois Controlled Substances Act, the

19 Methamphetamine Control and Community Protection Act,

20 or the Cannabis Control Act under clause (c)(2)(F);

21 (C) seal felony records under subsection (e-5); or

22 (D) expunge felony records of a qualified

23 probation under clause (b)(1)(iv).

24 (4) Service of petition. The circuit court clerk shall

25 promptly serve a copy of the petition and documentation to

26 support the petition under subsection (e-5) or (e-6) on

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1 the State's Attorney or prosecutor charged with the duty

2 of prosecuting the offense, the Illinois State Police, the

3 arresting agency and the chief legal officer of the unit

4 of local government effecting the arrest.

5 (5) Objections.

6 (A) Any party entitled to notice of the petition

7 may file an objection to the petition. All objections

8 shall be in writing, shall be filed with the circuit

9 court clerk, and shall state with specificity the

10 basis of the objection. Whenever a person who has been

11 convicted of an offense is granted a pardon by the

12 Governor which specifically authorizes expungement, an

13 objection to the petition may not be filed.

14 (B) Objections to a petition to expunge or seal

15 must be filed within 60 days of the date of service of

16 the petition.

17 (6) Entry of order.

18 (A) The Chief Judge of the circuit wherein the

19 charge was brought, any judge of that circuit

20 designated by the Chief Judge, or in counties of less

21 than 3,000,000 inhabitants, the presiding trial judge

22 at the petitioner's trial, if any, shall rule on the

23 petition to expunge or seal as set forth in this

24 subsection (d)(6).

25 (B) Unless the State's Attorney or prosecutor, the

26 Illinois State Police, the arresting agency, or the

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1 chief legal officer files an objection to the petition

2 to expunge or seal within 60 days from the date of

3 service of the petition, the court shall enter an

4 order granting or denying the petition.

5 (C) Notwithstanding any other provision of law,

6 the court shall not deny a petition for sealing under

7 this Section because the petitioner has not satisfied

8 an outstanding legal financial obligation established,

9 imposed, or originated by a court, law enforcement

10 agency, or a municipal, State, county, or other unit

11 of local government, including, but not limited to,

12 any cost, assessment, fine, or fee. An outstanding

13 legal financial obligation does not include any court

14 ordered restitution to a victim under Section 5-5-6 of

15 the Unified Code of Corrections, unless the

16 restitution has been converted to a civil judgment.

17 Nothing in this subparagraph (C) waives, rescinds, or

18 abrogates a legal financial obligation or otherwise

19 eliminates or affects the right of the holder of any

20 financial obligation to pursue collection under

21 applicable federal, State, or local law.

22 (D) Notwithstanding any other provision of law,

23 the court shall not deny a petition to expunge or seal

24 under this Section because the petitioner has

25 submitted a drug test taken within 30 days before the

26 filing of the petition to expunge or seal that

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1 indicates a positive test for the presence of cannabis

2 within the petitioner's body. In this subparagraph

3 (D), "cannabis" has the meaning ascribed to it in

4 Section 3 of the Cannabis Control Act.

5 (7) Hearings. If an objection is filed, the court

6 shall set a date for a hearing and notify the petitioner

7 and all parties entitled to notice of the petition of the

8 hearing date at least 30 days prior to the hearing. Prior

9 to the hearing, the State's Attorney shall consult with

10 the Illinois State Police as to the appropriateness of the

11 relief sought in the petition to expunge or seal. At the

12 hearing, the court shall hear evidence on whether the

13 petition should or should not be granted, and shall grant

14 or deny the petition to expunge or seal the records based

15 on the evidence presented at the hearing. The court may

16 consider the following:

17 (A) the strength of the evidence supporting the

18 defendant's conviction;

19 (B) the reasons for retention of the conviction

20 records by the State;

21 (C) the petitioner's age, criminal record history,

22 and employment history;

23 (D) the period of time between the petitioner's

24 arrest on the charge resulting in the conviction and

25 the filing of the petition under this Section; and

26 (E) the specific adverse consequences the

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1 petitioner may be subject to if the petition is

2 denied.

3 (8) Service of order. After entering an order to

4 expunge or seal records, the court must provide copies of

5 the order to the Illinois State Police, in a form and

6 manner prescribed by the Illinois State Police, to the

7 petitioner, to the State's Attorney or prosecutor charged

8 with the duty of prosecuting the offense, to the arresting

9 agency, to the chief legal officer of the unit of local

10 government effecting the arrest, and to such other

11 criminal justice agencies as may be ordered by the court.

12 (9) Implementation of order.

13 (A) Upon entry of an order to expunge records

14 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

15 both:

16 (i) the records shall be expunged (as defined

17 in subsection (a)(1)(E)) by the arresting agency,

18 the Illinois State Police, and any other agency as

19 ordered by the court, within 60 days of the date of

20 service of the order, unless a motion to vacate,

21 modify, or reconsider the order is filed pursuant

22 to paragraph (12) of subsection (d) of this

23 Section;

24 (ii) the records of the circuit court clerk

25 shall be impounded until further order of the

26 court upon good cause shown and the name of the

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1 petitioner obliterated on the official index

2 required to be kept by the circuit court clerk

3 under Section 16 of the Clerks of Courts Act, but

4 the order shall not affect any index issued by the

5 circuit court clerk before the entry of the order;

6 and

7 (iii) in response to an inquiry for expunged

8 records, the court, the Illinois State Police, or

9 the agency receiving such inquiry, shall reply as

10 it does in response to inquiries when no records

11 ever existed.

12 (B) Upon entry of an order to expunge records

13 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

14 both:

15 (i) the records shall be expunged (as defined

16 in subsection (a)(1)(E)) by the arresting agency

17 and any other agency as ordered by the court,

18 within 60 days of the date of service of the order,

19 unless a motion to vacate, modify, or reconsider

20 the order is filed pursuant to paragraph (12) of

21 subsection (d) of this Section;

22 (ii) the records of the circuit court clerk

23 shall be impounded until further order of the

24 court upon good cause shown and the name of the

25 petitioner obliterated on the official index

26 required to be kept by the circuit court clerk

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1 under Section 16 of the Clerks of Courts Act, but

2 the order shall not affect any index issued by the

3 circuit court clerk before the entry of the order;

4 (iii) the records shall be impounded by the

5 Illinois State Police within 60 days of the date

6 of service of the order as ordered by the court,

7 unless a motion to vacate, modify, or reconsider

8 the order is filed pursuant to paragraph (12) of

9 subsection (d) of this Section;

10 (iv) records impounded by the Illinois State

11 Police may be disseminated by the Illinois State

12 Police only as required by law or to the arresting

13 authority, the State's Attorney, and the court

14 upon a later arrest for the same or a similar

15 offense or for the purpose of sentencing for any

16 subsequent felony, and to the Department of

17 Corrections upon conviction for any offense; and

18 (v) in response to an inquiry for such records

19 from anyone not authorized by law to access such

20 records, the court, the Illinois State Police, or

21 the agency receiving such inquiry shall reply as

22 it does in response to inquiries when no records

23 ever existed.

24 (B-5) Upon entry of an order to expunge records

25 under subsection (e-6):

26 (i) the records shall be expunged (as defined

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1 in subsection (a)(1)(E)) by the arresting agency

2 and any other agency as ordered by the court,

3 within 60 days of the date of service of the order,

4 unless a motion to vacate, modify, or reconsider

5 the order is filed under paragraph (12) of

6 subsection (d) of this Section;

7 (ii) the records of the circuit court clerk

8 shall be impounded until further order of the

9 court upon good cause shown and the name of the

10 petitioner obliterated on the official index

11 required to be kept by the circuit court clerk

12 under Section 16 of the Clerks of Courts Act, but

13 the order shall not affect any index issued by the

14 circuit court clerk before the entry of the order;

15 (iii) the records shall be impounded by the

16 Illinois State Police within 60 days of the date

17 of service of the order as ordered by the court,

18 unless a motion to vacate, modify, or reconsider

19 the order is filed under paragraph (12) of

20 subsection (d) of this Section;

21 (iv) records impounded by the Illinois State

22 Police may be disseminated by the Illinois State

23 Police only as required by law or to the arresting

24 authority, the State's Attorney, and the court

25 upon a later arrest for the same or a similar

26 offense or for the purpose of sentencing for any

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1 subsequent felony, and to the Department of

2 Corrections upon conviction for any offense; and

3 (v) in response to an inquiry for these

4 records from anyone not authorized by law to

5 access the records, the court, the Illinois State

6 Police, or the agency receiving the inquiry shall

7 reply as it does in response to inquiries when no

8 records ever existed.

9 (C) Upon entry of an order to seal records under

10 subsection (c), the arresting agency, any other agency

11 as ordered by the court, the Illinois State Police,

12 and the court shall seal the records (as defined in

13 subsection (a)(1)(K)). In response to an inquiry for

14 such records, from anyone not authorized by law to

15 access such records, the court, the Illinois State

16 Police, or the agency receiving such inquiry shall

17 reply as it does in response to inquiries when no

18 records ever existed.

19 (D) The Illinois State Police shall send written

20 notice to the petitioner of its compliance with each

21 order to expunge or seal records within 60 days of the

22 date of service of that order or, if a motion to

23 vacate, modify, or reconsider is filed, within 60 days

24 of service of the order resolving the motion, if that

25 order requires the Illinois State Police to expunge or

26 seal records. In the event of an appeal from the

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1 circuit court order, the Illinois State Police shall

2 send written notice to the petitioner of its

3 compliance with an Appellate Court or Supreme Court

4 judgment to expunge or seal records within 60 days of

5 the issuance of the court's mandate. The notice is not

6 required while any motion to vacate, modify, or

7 reconsider, or any appeal or petition for

8 discretionary appellate review, is pending.

9 (E) Upon motion, the court may order that a sealed

10 judgment or other court record necessary to

11 demonstrate the amount of any legal financial

12 obligation due and owing be made available for the

13 limited purpose of collecting any legal financial

14 obligations owed by the petitioner that were

15 established, imposed, or originated in the criminal

16 proceeding for which those records have been sealed.

17 The records made available under this subparagraph (E)

18 shall not be entered into the official index required

19 to be kept by the circuit court clerk under Section 16

20 of the Clerks of Courts Act and shall be immediately

21 re-impounded upon the collection of the outstanding

22 financial obligations.

23 (F) Notwithstanding any other provision of this

24 Section, a circuit court clerk may access a sealed

25 record for the limited purpose of collecting payment

26 for any legal financial obligations that were

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1 established, imposed, or originated in the criminal

2 proceedings for which those records have been sealed.

3 (10) Fees. The Illinois State Police may charge the

4 petitioner a fee equivalent to the cost of processing any

5 order to expunge or seal records. Notwithstanding any

6 provision of the Clerks of Courts Act to the contrary, the

7 circuit court clerk may charge a fee equivalent to the

8 cost associated with the sealing or expungement of records

9 by the circuit court clerk. From the total filing fee

10 collected for the petition to seal or expunge, the circuit

11 court clerk shall deposit $10 into the Circuit Court Clerk

12 Operation and Administrative Fund, to be used to offset

13 the costs incurred by the circuit court clerk in

14 performing the additional duties required to serve the

15 petition to seal or expunge on all parties. The circuit

16 court clerk shall collect and remit the Illinois State

17 Police portion of the fee to the State Treasurer and it

18 shall be deposited in the State Police Services Fund. If

19 the record brought under an expungement petition was

20 previously sealed under this Section, the fee for the

21 expungement petition for that same record shall be waived.

22 (11) Final Order. No court order issued under the

23 expungement or sealing provisions of this Section shall

24 become final for purposes of appeal until 30 days after

25 service of the order on the petitioner and all parties

26 entitled to notice of the petition.

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1 (12) Motion to Vacate, Modify, or Reconsider. Under

2 Section 2-1203 of the Code of Civil Procedure, the

3 petitioner or any party entitled to notice may file a

4 motion to vacate, modify, or reconsider the order granting

5 or denying the petition to expunge or seal within 60 days

6 of service of the order. If filed more than 60 days after

7 service of the order, a petition to vacate, modify, or

8 reconsider shall comply with subsection (c) of Section

9 2-1401 of the Code of Civil Procedure. Upon filing of a

10 motion to vacate, modify, or reconsider, notice of the

11 motion shall be served upon the petitioner and all parties

12 entitled to notice of the petition.

13 (13) Effect of Order. An order granting a petition

14 under the expungement or sealing provisions of this

15 Section shall not be considered void because it fails to

16 comply with the provisions of this Section or because of

17 any error asserted in a motion to vacate, modify, or

18 reconsider. The circuit court retains jurisdiction to

19 determine whether the order is voidable and to vacate,

20 modify, or reconsider its terms based on a motion filed

21 under paragraph (12) of this subsection (d).

22 (14) Compliance with Order Granting Petition to Seal

23 Records. Unless a court has entered a stay of an order

24 granting a petition to seal, all parties entitled to

25 notice of the petition must fully comply with the terms of

26 the order within 60 days of service of the order even if a

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1 party is seeking relief from the order through a motion

2 filed under paragraph (12) of this subsection (d) or is

3 appealing the order.

4 (15) Compliance with Order Granting Petition to

5 Expunge Records. While a party is seeking relief from the

6 order granting the petition to expunge through a motion

7 filed under paragraph (12) of this subsection (d) or is

8 appealing the order, and unless a court has entered a stay

9 of that order, the parties entitled to notice of the

10 petition must seal, but need not expunge, the records

11 until there is a final order on the motion for relief or,

12 in the case of an appeal, the issuance of that court's

13 mandate.

14 (16) The changes to this subsection (d) made by Public

15 Act 98-163 apply to all petitions pending on August 5,

16 2013 (the effective date of Public Act 98-163) and to all

17 orders ruling on a petition to expunge or seal on or after

18 August 5, 2013 (the effective date of Public Act 98-163).

19 (e) Whenever a person who has been convicted of an offense

20 is granted a pardon by the Governor which specifically

21 authorizes expungement, he or she may, upon verified petition

22 to the Chief Judge of the circuit where the person had been

23 convicted, any judge of the circuit designated by the Chief

24 Judge, or in counties of less than 3,000,000 inhabitants, the

25 presiding trial judge at the defendant's trial, have a court

26 order entered expunging the record of arrest from the official

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1 records of the arresting authority and order that the records

2 of the circuit court clerk and the Illinois State Police be

3 sealed until further order of the court upon good cause shown

4 or as otherwise provided herein, and the name of the defendant

5 obliterated from the official index requested to be kept by

6 the circuit court clerk under Section 16 of the Clerks of

7 Courts Act in connection with the arrest and conviction for

8 the offense for which he or she had been pardoned but the order

9 shall not affect any index issued by the circuit court clerk

10 before the entry of the order. All records sealed by the

11 Illinois State Police may be disseminated by the Illinois

12 State Police only to the arresting authority, the State's

13 Attorney, and the court upon a later arrest for the same or

14 similar offense or for the purpose of sentencing for any

15 subsequent felony. Upon conviction for any subsequent offense,

16 the Department of Corrections shall have access to all sealed

17 records of the Illinois State Police pertaining to that

18 individual. Upon entry of the order of expungement, the

19 circuit court clerk shall promptly mail a copy of the order to

20 the person who was pardoned.

21 (e-5) Whenever a person who has been convicted of an

22 offense is granted a certificate of eligibility for sealing by

23 the Prisoner Review Board which specifically authorizes

24 sealing, he or she may, upon verified petition to the Chief

25 Judge of the circuit where the person had been convicted, any

26 judge of the circuit designated by the Chief Judge, or in

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1 counties of less than 3,000,000 inhabitants, the presiding

2 trial judge at the petitioner's trial, have a court order

3 entered sealing the record of arrest from the official records

4 of the arresting authority and order that the records of the

5 circuit court clerk and the Illinois State Police be sealed

6 until further order of the court upon good cause shown or as

7 otherwise provided herein, and the name of the petitioner

8 obliterated from the official index requested to be kept by

9 the circuit court clerk under Section 16 of the Clerks of

10 Courts Act in connection with the arrest and conviction for

11 the offense for which he or she had been granted the

12 certificate but the order shall not affect any index issued by

13 the circuit court clerk before the entry of the order. All

14 records sealed by the Illinois State Police may be

15 disseminated by the Illinois State Police only as required by

16 this Act or to the arresting authority, a law enforcement

17 agency, the State's Attorney, and the court upon a later

18 arrest for the same or similar offense or for the purpose of

19 sentencing for any subsequent felony. Upon conviction for any

20 subsequent offense, the Department of Corrections shall have

21 access to all sealed records of the Illinois State Police

22 pertaining to that individual. Upon entry of the order of

23 sealing, the circuit court clerk shall promptly mail a copy of

24 the order to the person who was granted the certificate of

25 eligibility for sealing.

26 (e-6) Whenever a person who has been convicted of an

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1 offense is granted a certificate of eligibility for

2 expungement by the Prisoner Review Board which specifically

3 authorizes expungement, he or she may, upon verified petition

4 to the Chief Judge of the circuit where the person had been

5 convicted, any judge of the circuit designated by the Chief

6 Judge, or in counties of less than 3,000,000 inhabitants, the

7 presiding trial judge at the petitioner's trial, have a court

8 order entered expunging the record of arrest from the official

9 records of the arresting authority and order that the records

10 of the circuit court clerk and the Illinois State Police be

11 sealed until further order of the court upon good cause shown

12 or as otherwise provided herein, and the name of the

13 petitioner obliterated from the official index requested to be

14 kept by the circuit court clerk under Section 16 of the Clerks

15 of Courts Act in connection with the arrest and conviction for

16 the offense for which he or she had been granted the

17 certificate but the order shall not affect any index issued by

18 the circuit court clerk before the entry of the order. All

19 records sealed by the Illinois State Police may be

20 disseminated by the Illinois State Police only as required by

21 this Act or to the arresting authority, a law enforcement

22 agency, the State's Attorney, and the court upon a later

23 arrest for the same or similar offense or for the purpose of

24 sentencing for any subsequent felony. Upon conviction for any

25 subsequent offense, the Department of Corrections shall have

26 access to all expunged records of the Illinois State Police

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1 pertaining to that individual. Upon entry of the order of

2 expungement, the circuit court clerk shall promptly mail a

3 copy of the order to the person who was granted the certificate

4 of eligibility for expungement.

5 (f) Subject to available funding, the Illinois Department

6 of Corrections shall conduct a study of the impact of sealing,

7 especially on employment and recidivism rates, utilizing a

8 random sample of those who apply for the sealing of their

9 criminal records under Public Act 93-211. At the request of

10 the Illinois Department of Corrections, records of the

11 Illinois Department of Employment Security shall be utilized

12 as appropriate to assist in the study. The study shall not

13 disclose any data in a manner that would allow the

14 identification of any particular individual or employing unit.

15 The study shall be made available to the General Assembly no

16 later than September 1, 2010.

17 (g) Immediate Sealing.

18 (1) Applicability. Notwithstanding any other provision

19 of this Act to the contrary, and cumulative with any

20 rights to expungement or sealing of criminal records, this

21 subsection authorizes the immediate sealing of criminal

22 records of adults and of minors prosecuted as adults.

23 (2) Eligible Records. Arrests or charges not initiated

24 by arrest resulting in acquittal or dismissal with

25 prejudice, except as excluded by subsection (a)(3)(B),

26 that occur on or after January 1, 2018 (the effective date

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1 of Public Act 100-282), may be sealed immediately if the

2 petition is filed with the circuit court clerk on the same

3 day and during the same hearing in which the case is

4 disposed.

5 (3) When Records are Eligible to be Immediately

6 Sealed. Eligible records under paragraph (2) of this

7 subsection (g) may be sealed immediately after entry of

8 the final disposition of a case, notwithstanding the

9 disposition of other charges in the same case.

10 (4) Notice of Eligibility for Immediate Sealing. Upon

11 entry of a disposition for an eligible record under this

12 subsection (g), the defendant shall be informed by the

13 court of his or her right to have eligible records

14 immediately sealed and the procedure for the immediate

15 sealing of these records.

16 (5) Procedure. The following procedures apply to

17 immediate sealing under this subsection (g).

18 (A) Filing the Petition. Upon entry of the final

19 disposition of the case, the defendant's attorney may

20 immediately petition the court, on behalf of the

21 defendant, for immediate sealing of eligible records

22 under paragraph (2) of this subsection (g) that are

23 entered on or after January 1, 2018 (the effective

24 date of Public Act 100-282). The immediate sealing

25 petition may be filed with the circuit court clerk

26 during the hearing in which the final disposition of

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1 the case is entered. If the defendant's attorney does

2 not file the petition for immediate sealing during the

3 hearing, the defendant may file a petition for sealing

4 at any time as authorized under subsection (c)(3)(A).

5 (B) Contents of Petition. The immediate sealing

6 petition shall be verified and shall contain the

7 petitioner's name, date of birth, current address, and

8 for each eligible record, the case number, the date of

9 arrest if applicable, the identity of the arresting

10 authority if applicable, and other information as the

11 court may require.

12 (C) Drug Test. The petitioner shall not be

13 required to attach proof that he or she has passed a

14 drug test.

15 (D) Service of Petition. A copy of the petition

16 shall be served on the State's Attorney in open court.

17 The petitioner shall not be required to serve a copy of

18 the petition on any other agency.

19 (E) Entry of Order. The presiding trial judge

20 shall enter an order granting or denying the petition

21 for immediate sealing during the hearing in which it

22 is filed. Petitions for immediate sealing shall be

23 ruled on in the same hearing in which the final

24 disposition of the case is entered.

25 (F) Hearings. The court shall hear the petition

26 for immediate sealing on the same day and during the

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1 same hearing in which the disposition is rendered.

2 (G) Service of Order. An order to immediately seal

3 eligible records shall be served in conformance with

4 subsection (d)(8).

5 (H) Implementation of Order. An order to

6 immediately seal records shall be implemented in

7 conformance with subsections (d)(9)(C) and (d)(9)(D).

8 (I) Fees. The fee imposed by the circuit court

9 clerk and the Illinois State Police shall comply with

10 paragraph (1) of subsection (d) of this Section.

11 (J) Final Order. No court order issued under this

12 subsection (g) shall become final for purposes of

13 appeal until 30 days after service of the order on the

14 petitioner and all parties entitled to service of the

15 order in conformance with subsection (d)(8).

16 (K) Motion to Vacate, Modify, or Reconsider. Under

17 Section 2-1203 of the Code of Civil Procedure, the

18 petitioner, State's Attorney, or the Illinois State

19 Police may file a motion to vacate, modify, or

20 reconsider the order denying the petition to

21 immediately seal within 60 days of service of the

22 order. If filed more than 60 days after service of the

23 order, a petition to vacate, modify, or reconsider

24 shall comply with subsection (c) of Section 2-1401 of

25 the Code of Civil Procedure.

26 (L) Effect of Order. An order granting an

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1 immediate sealing petition shall not be considered

2 void because it fails to comply with the provisions of

3 this Section or because of an error asserted in a

4 motion to vacate, modify, or reconsider. The circuit

5 court retains jurisdiction to determine whether the

6 order is voidable, and to vacate, modify, or

7 reconsider its terms based on a motion filed under

8 subparagraph (L) of this subsection (g).

9 (M) Compliance with Order Granting Petition to

10 Seal Records. Unless a court has entered a stay of an

11 order granting a petition to immediately seal, all

12 parties entitled to service of the order must fully

13 comply with the terms of the order within 60 days of

14 service of the order.

15 (h) Sealing or vacation and expungement of trafficking

16 victims' crimes.

17 (1) A trafficking victim, as defined by paragraph (10)

18 of subsection (a) of Section 10-9 of the Criminal Code of

19 2012, may petition for vacation and expungement or

20 immediate sealing of his or her criminal record upon the

21 completion of his or her last sentence if his or her

22 participation in the underlying offense was a result of

23 human trafficking under Section 10-9 of the Criminal Code

24 of 2012 or a severe form of trafficking under the federal

25 Trafficking Victims Protection Act.

26 (1.5) A petition under paragraph (1) shall be

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1 prepared, signed, and filed in accordance with Supreme

2 Court Rule 9. The court may allow the petitioner to attend

3 any required hearing remotely in accordance with local

4 rules. The court may allow a petition to be filed under

5 seal if the public filing of the petition would constitute

6 a risk of harm to the petitioner.

7 (2) A petitioner under this subsection (h), in

8 addition to the requirements provided under paragraph (4)

9 of subsection (d) of this Section, shall include in his or

10 her petition a clear and concise statement that: (A) he or

11 she was a victim of human trafficking at the time of the

12 offense; and (B) that his or her participation in the

13 offense was a result of human trafficking under Section

14 10-9 of the Criminal Code of 2012 or a severe form of

15 trafficking under the federal Trafficking Victims

16 Protection Act.

17 (3) If an objection is filed alleging that the

18 petitioner is not entitled to vacation and expungement or

19 immediate sealing under this subsection (h), the court

20 shall conduct a hearing under paragraph (7) of subsection

21 (d) of this Section and the court shall determine whether

22 the petitioner is entitled to vacation and expungement or

23 immediate sealing under this subsection (h). A petitioner

24 is eligible for vacation and expungement or immediate

25 relief under this subsection (h) if he or she shows, by a

26 preponderance of the evidence, that: (A) he or she was a

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1 victim of human trafficking at the time of the offense;

2 and (B) that his or her participation in the offense was a

3 result of human trafficking under Section 10-9 of the

4 Criminal Code of 2012 or a severe form of trafficking

5 under the federal Trafficking Victims Protection Act.

6 (i) Minor Cannabis Offenses under the Cannabis Control

7 Act.

8 (1) Expungement of Arrest Records of Minor Cannabis

9 Offenses.

10 (A) The Illinois State Police and all law

11 enforcement agencies within the State shall

12 automatically expunge all criminal history records of

13 an arrest, charge not initiated by arrest, order of

14 supervision, or order of qualified probation for a

15 Minor Cannabis Offense committed prior to June 25,

16 2019 (the effective date of Public Act 101-27) if:

17 (i) One year or more has elapsed since the

18 date of the arrest or law enforcement interaction

19 documented in the records; and

20 (ii) No criminal charges were filed relating

21 to the arrest or law enforcement interaction or

22 criminal charges were filed and subsequently

23 dismissed or vacated or the arrestee was

24 acquitted.

25 (B) If the law enforcement agency is unable to

26 verify satisfaction of condition (ii) in paragraph

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1 (A), records that satisfy condition (i) in paragraph

2 (A) shall be automatically expunged.

3 (C) Records shall be expunged by the law

4 enforcement agency under the following timelines:

5 (i) Records created prior to June 25, 2019

6 (the effective date of Public Act 101-27), but on

7 or after January 1, 2013, shall be automatically

8 expunged prior to January 1, 2021;

9 (ii) Records created prior to January 1, 2013,

10 but on or after January 1, 2000, shall be

11 automatically expunged prior to January 1, 2023;

12 (iii) Records created prior to January 1, 2000

13 shall be automatically expunged prior to January

14 1, 2025.

15 In response to an inquiry for expunged records,

16 the law enforcement agency receiving such inquiry

17 shall reply as it does in response to inquiries when no

18 records ever existed; however, it shall provide a

19 certificate of disposition or confirmation that the

20 record was expunged to the individual whose record was

21 expunged if such a record exists.

22 (D) Nothing in this Section shall be construed to

23 restrict or modify an individual's right to have that

24 individual's records expunged except as otherwise may

25 be provided in this Act, or diminish or abrogate any

26 rights or remedies otherwise available to the

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1 individual.

2 (2) Pardons Authorizing Expungement of Minor Cannabis

3 Offenses.

4 (A) Upon June 25, 2019 (the effective date of

5 Public Act 101-27), the Department of State Police

6 shall review all criminal history record information

7 and identify all records that meet all of the

8 following criteria:

9 (i) one or more convictions for a Minor

10 Cannabis Offense;

11 (ii) the conviction identified in paragraph

12 (2)(A)(i) did not include a penalty enhancement

13 under Section 7 of the Cannabis Control Act; and

14 (iii) the conviction identified in paragraph

15 (2)(A)(i) is not associated with a conviction for

16 a violent crime as defined in subsection (c) of

17 Section 3 of the Rights of Crime Victims and

18 Witnesses Act.

19 (B) Within 180 days after June 25, 2019 (the

20 effective date of Public Act 101-27), the Department

21 of State Police shall notify the Prisoner Review Board

22 of all such records that meet the criteria established

23 in paragraph (2)(A).

24 (i) The Prisoner Review Board shall notify the

25 State's Attorney of the county of conviction of

26 each record identified by State Police in

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1 paragraph (2)(A) that is classified as a Class 4

2 felony. The State's Attorney may provide a written

3 objection to the Prisoner Review Board on the sole

4 basis that the record identified does not meet the

5 criteria established in paragraph (2)(A). Such an

6 objection must be filed within 60 days or by such

7 later date set by the Prisoner Review Board in the

8 notice after the State's Attorney received notice

9 from the Prisoner Review Board.

10 (ii) In response to a written objection from a

11 State's Attorney, the Prisoner Review Board is

12 authorized to conduct a non-public hearing to

13 evaluate the information provided in the

14 objection.

15 (iii) The Prisoner Review Board shall make a

16 confidential and privileged recommendation to the

17 Governor as to whether to grant a pardon

18 authorizing expungement for each of the records

19 identified by the Department of State Police as

20 described in paragraph (2)(A).

21 (C) If an individual has been granted a pardon

22 authorizing expungement as described in this Section,

23 the Prisoner Review Board, through the Attorney

24 General, shall file a petition for expungement with

25 the Chief Judge of the circuit or any judge of the

26 circuit designated by the Chief Judge where the

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1 individual had been convicted. Such petition may

2 include more than one individual. Whenever an

3 individual who has been convicted of an offense is

4 granted a pardon by the Governor that specifically

5 authorizes expungement, an objection to the petition

6 may not be filed. Petitions to expunge under this

7 subsection (i) may include more than one individual.

8 Within 90 days of the filing of such a petition, the

9 court shall enter an order expunging the records of

10 arrest from the official records of the arresting

11 authority and order that the records of the circuit

12 court clerk and the Illinois State Police be expunged

13 and the name of the defendant obliterated from the

14 official index requested to be kept by the circuit

15 court clerk under Section 16 of the Clerks of Courts

16 Act in connection with the arrest and conviction for

17 the offense for which the individual had received a

18 pardon but the order shall not affect any index issued

19 by the circuit court clerk before the entry of the

20 order. Upon entry of the order of expungement, the

21 circuit court clerk shall promptly provide a copy of

22 the order and a certificate of disposition to the

23 individual who was pardoned to the individual's last

24 known address or by electronic means (if available) or

25 otherwise make it available to the individual upon

26 request.

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1 (D) Nothing in this Section is intended to

2 diminish or abrogate any rights or remedies otherwise

3 available to the individual.

4 (3) Any individual may file a motion to vacate and

5 expunge a conviction for a misdemeanor or Class 4 felony

6 violation of Section 4 or Section 5 of the Cannabis

7 Control Act. Motions to vacate and expunge under this

8 subsection (i) may be filed with the circuit court, Chief

9 Judge of a judicial circuit or any judge of the circuit

10 designated by the Chief Judge. The circuit court clerk

11 shall promptly serve a copy of the motion to vacate and

12 expunge, and any supporting documentation, on the State's

13 Attorney or prosecutor charged with the duty of

14 prosecuting the offense. When considering such a motion to

15 vacate and expunge, a court shall consider the following:

16 the reasons to retain the records provided by law

17 enforcement, the petitioner's age, the petitioner's age at

18 the time of offense, the time since the conviction, and

19 the specific adverse consequences if denied. An individual

20 may file such a petition after the completion of any

21 non-financial sentence or non-financial condition imposed

22 by the conviction. Within 60 days of the filing of such

23 motion, a State's Attorney may file an objection to such a

24 petition along with supporting evidence. If a motion to

25 vacate and expunge is granted, the records shall be

26 expunged in accordance with subparagraphs (d)(8) and

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1 (d)(9)(A) of this Section. An agency providing civil legal

2 aid, as defined by Section 15 of the Public Interest

3 Attorney Assistance Act, assisting individuals seeking to

4 file a motion to vacate and expunge under this subsection

5 may file motions to vacate and expunge with the Chief

6 Judge of a judicial circuit or any judge of the circuit

7 designated by the Chief Judge, and the motion may include

8 more than one individual. Motions filed by an agency

9 providing civil legal aid concerning more than one

10 individual may be prepared, presented, and signed

11 electronically.

12 (4) Any State's Attorney may file a motion to vacate

13 and expunge a conviction for a misdemeanor or Class 4

14 felony violation of Section 4 or Section 5 of the Cannabis

15 Control Act. Motions to vacate and expunge under this

16 subsection (i) may be filed with the circuit court, Chief

17 Judge of a judicial circuit or any judge of the circuit

18 designated by the Chief Judge, and may include more than

19 one individual. Motions filed by a State's Attorney

20 concerning more than one individual may be prepared,

21 presented, and signed electronically. When considering

22 such a motion to vacate and expunge, a court shall

23 consider the following: the reasons to retain the records

24 provided by law enforcement, the individual's age, the

25 individual's age at the time of offense, the time since

26 the conviction, and the specific adverse consequences if

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1 denied. Upon entry of an order granting a motion to vacate

2 and expunge records pursuant to this Section, the State's

3 Attorney shall notify the Prisoner Review Board within 30

4 days. Upon entry of the order of expungement, the circuit

5 court clerk shall promptly provide a copy of the order and

6 a certificate of disposition to the individual whose

7 records will be expunged to the individual's last known

8 address or by electronic means (if available) or otherwise

9 make available to the individual upon request. If a motion

10 to vacate and expunge is granted, the records shall be

11 expunged in accordance with subparagraphs (d)(8) and

12 (d)(9)(A) of this Section.

13 (5) In the public interest, the State's Attorney of a

14 county has standing to file motions to vacate and expunge

15 pursuant to this Section in the circuit court with

16 jurisdiction over the underlying conviction.

17 (6) If a person is arrested for a Minor Cannabis

18 Offense as defined in this Section before June 25, 2019

19 (the effective date of Public Act 101-27) and the person's

20 case is still pending but a sentence has not been imposed,

21 the person may petition the court in which the charges are

22 pending for an order to summarily dismiss those charges

23 against him or her, and expunge all official records of

24 his or her arrest, plea, trial, conviction, incarceration,

25 supervision, or expungement. If the court determines, upon

26 review, that: (A) the person was arrested before June 25,

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1 2019 (the effective date of Public Act 101-27) for an

2 offense that has been made eligible for expungement; (B)

3 the case is pending at the time; and (C) the person has not

4 been sentenced of the minor cannabis violation eligible

5 for expungement under this subsection, the court shall

6 consider the following: the reasons to retain the records

7 provided by law enforcement, the petitioner's age, the

8 petitioner's age at the time of offense, the time since

9 the conviction, and the specific adverse consequences if

10 denied. If a motion to dismiss and expunge is granted, the

11 records shall be expunged in accordance with subparagraph

12 (d)(9)(A) of this Section.

13 (7) A person imprisoned solely as a result of one or

14 more convictions for Minor Cannabis Offenses under this

15 subsection (i) shall be released from incarceration upon

16 the issuance of an order under this subsection.

17 (8) The Illinois State Police shall allow a person to

18 use the access and review process, established in the

19 Illinois State Police, for verifying that his or her

20 records relating to Minor Cannabis Offenses of the

21 Cannabis Control Act eligible under this Section have been

22 expunged.

23 (9) No conviction vacated pursuant to this Section

24 shall serve as the basis for damages for time unjustly

25 served as provided in the Court of Claims Act.

26 (10) Effect of Expungement. A person's right to

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1 expunge an expungeable offense shall not be limited under

2 this Section. The effect of an order of expungement shall

3 be to restore the person to the status he or she occupied

4 before the arrest, charge, or conviction.

5 (11) Information. The Illinois State Police shall post

6 general information on its website about the expungement

7 process described in this subsection (i).

8 (j) Felony Prostitution Convictions.

9 (1) Automatic Sealing of Felony Prostitution Arrests.

10 (A) The Illinois State Police and local law

11 enforcement agencies within the State shall

12 automatically seal the law enforcement records

13 relating to a person's Class 4 felony arrests and

14 charges not initiated by arrest for prostitution if

15 that arrest or charge not initiated by arrest is

16 eligible for sealing under paragraph (2) of subsection

17 (c).

18 (B) In the absence of a court order or upon the

19 order of a court, the clerk of the circuit court shall

20 automatically seal the court records and case files

21 relating to a person's Class 4 felony arrests and

22 charges not initiated by arrest for prostitution if

23 that arrest or charge not initiated by arrest is

24 eligible for sealing under paragraph (2) of subsection

25 (c).

26 (C) The automatic sealing described in this

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1 paragraph (1) shall be completed no later than January

2 1, 2028.

3 (2) Automatic Sealing of Felony Prostitution

4 Convictions.

5 (A) The Illinois State Police and local law

6 enforcement agencies within the State shall

7 automatically seal the law enforcement records

8 relating to a person's Class 4 felony conviction for

9 prostitution if those records are eligible for sealing

10 under paragraph (2) of subsection (c).

11 (B) In the absence of a court order or upon the

12 order of a court, the clerk of the circuit court shall

13 automatically seal the court records relating to a

14 person's Class 4 felony conviction for prostitution if

15 those records are eligible for sealing under paragraph

16 (2) of subsection (c).

17 (C) The automatic sealing of records described in

18 this paragraph (2) shall be completed no later than

19 January 1, 2028.

20 (3) Motions to Vacate and Expunge Felony Prostitution

21 Convictions. Any individual may file a motion to vacate

22 and expunge a conviction for a prior Class 4 felony

23 violation of prostitution. Motions to vacate and expunge

24 under this subsection (j) may be filed with the circuit

25 court, Chief Judge of a judicial circuit, or any judge of

26 the circuit designated by the Chief Judge. When

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1 considering the motion to vacate and expunge, a court

2 shall consider the following:

3 (A) the reasons to retain the records provided by

4 law enforcement;

5 (B) the petitioner's age;

6 (C) the petitioner's age at the time of offense;

7 and

8 (D) the time since the conviction, and the

9 specific adverse consequences if denied. An individual

10 may file the petition after the completion of any

11 sentence or condition imposed by the conviction.

12 Within 60 days of the filing of the motion, a State's

13 Attorney may file an objection to the petition along

14 with supporting evidence. If a motion to vacate and

15 expunge is granted, the records shall be expunged in

16 accordance with subparagraph (d)(9)(A) of this

17 Section. An agency providing civil legal aid, as

18 defined in Section 15 of the Public Interest Attorney

19 Assistance Act, assisting individuals seeking to file

20 a motion to vacate and expunge under this subsection

21 may file motions to vacate and expunge with the Chief

22 Judge of a judicial circuit or any judge of the circuit

23 designated by the Chief Judge, and the motion may

24 include more than one individual.

25 (4) Any State's Attorney may file a motion to vacate

26 and expunge a conviction for a Class 4 felony violation of

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1 prostitution. Motions to vacate and expunge under this

2 subsection (j) may be filed with the circuit court, Chief

3 Judge of a judicial circuit, or any judge of the circuit

4 court designated by the Chief Judge, and may include more

5 than one individual. When considering the motion to vacate

6 and expunge, a court shall consider the following reasons:

7 (A) the reasons to retain the records provided by

8 law enforcement;

9 (B) the petitioner's age;

10 (C) the petitioner's age at the time of offense;

11 (D) the time since the conviction; and

12 (E) the specific adverse consequences if denied.

13 If the State's Attorney files a motion to vacate and

14 expunge records for felony prostitution convictions

15 pursuant to this Section, the State's Attorney shall

16 notify the Prisoner Review Board within 30 days of the

17 filing. If a motion to vacate and expunge is granted, the

18 records shall be expunged in accordance with subparagraph

19 (d)(9)(A) of this Section.

20 (5) In the public interest, the State's Attorney of a

21 county has standing to file motions to vacate and expunge

22 pursuant to this Section in the circuit court with

23 jurisdiction over the underlying conviction.

24 (6) The Illinois State Police shall allow a person to

25 ~~a~~ use the access and review process, established in the

26 Illinois State Police, for verifying that his or her

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1 records relating to felony prostitution eligible under

2 this Section have been expunged.

3 (7) No conviction vacated pursuant to this Section

4 shall serve as the basis for damages for time unjustly

5 served as provided in the Court of Claims Act.

6 (8) Effect of Expungement. A person's right to expunge

7 an expungeable offense shall not be limited under this

8 Section. The effect of an order of expungement shall be to

9 restore the person to the status he or she occupied before

10 the arrest, charge, or conviction.

11 (9) Information. The Illinois State Police shall post

12 general information on its website about the expungement

13 or sealing process described in this subsection (j).

14 (Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;

15 103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.

16 7-1-25; 104-417, eff. 8-15-25; revised 1-20-26.)

17 (Text of Section after amendment by P.A. 104-459)

18 Sec. 5.2. Expungement, sealing, and immediate sealing.

19 (a) General Provisions.

20 (1) Definitions. In this Act, words and phrases have

21 the meanings set forth in this subsection, except when a

22 particular context clearly requires a different meaning.

23 (A) The following terms shall have the meanings

24 ascribed to them in the following Sections of the

25 Unified Code of Corrections:

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1 Business Offense, Section 5-1-2.

2 Charge, Section 5-1-3.

3 Court, Section 5-1-6.

4 Defendant, Section 5-1-7.

5 Felony, Section 5-1-9.

6 Imprisonment, Section 5-1-10.

7 Judgment, Section 5-1-12.

8 Misdemeanor, Section 5-1-14.

9 Offense, Section 5-1-15.

10 Parole, Section 5-1-16.

11 Petty Offense, Section 5-1-17.

12 Probation, Section 5-1-18.

13 Sentence, Section 5-1-19.

14 Supervision, Section 5-1-21.

15 Victim, Section 5-1-22.

16 (B) As used in this Section, "charge not initiated

17 by arrest" means a charge (as defined by Section 5-1-3

18 of the Unified Code of Corrections) brought against a

19 defendant where the defendant is not arrested prior to

20 or as a direct result of the charge.

21 (C) "Conviction" means a judgment of conviction or

22 sentence entered upon a plea of guilty or upon a

23 verdict or finding of guilty of an offense, rendered

24 by a legally constituted jury or by a court of

25 competent jurisdiction authorized to try the case

26 without a jury. An order of supervision successfully

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1 completed by the petitioner is not a conviction. An

2 order of qualified probation (as defined in subsection

3 (a)(1)(J)) successfully completed by the petitioner is

4 not a conviction. An order of supervision or an order

5 of qualified probation that is terminated

6 unsatisfactorily is a conviction, unless the

7 unsatisfactory termination is reversed, vacated, or

8 modified and the judgment of conviction, if any, is

9 reversed or vacated.

10 (D) "Criminal offense" means a petty offense,

11 business offense, misdemeanor, felony, or municipal

12 ordinance violation (as defined in subsection

13 (a)(1)(H)). As used in this Section, a minor traffic

14 offense (as defined in subsection (a)(1)(G)) shall not

15 be considered a criminal offense.

16 (E) "Expunge" means to physically destroy the

17 records or return them to the petitioner and to

18 obliterate the petitioner's name from any official

19 index or public record, or both. Nothing in this Act

20 shall require the physical destruction of the circuit

21 court file, but such records relating to arrests or

22 charges, or both, ordered expunged shall be impounded

23 as required by subsections (d)(9)(A)(ii) and

24 (d)(9)(B)(ii).

25 (F) As used in this Section, "last sentence" means

26 the sentence, order of supervision, or order of

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1 qualified probation (as defined by subsection

2 (a)(1)(J)), for a criminal offense (as defined by

3 subsection (a)(1)(D)) that terminates last in time in

4 any jurisdiction, regardless of whether the petitioner

5 has included the criminal offense for which the

6 sentence or order of supervision or qualified

7 probation was imposed in his or her petition. If

8 multiple sentences, orders of supervision, or orders

9 of qualified probation terminate on the same day and

10 are last in time, they shall be collectively

11 considered the "last sentence" regardless of whether

12 they were ordered to run concurrently.

13 (G) "Minor traffic offense" means a petty offense,

14 business offense, or Class C misdemeanor under the

15 Illinois Vehicle Code or a similar provision of a

16 municipal or local ordinance.

17 (G-5) "Minor Cannabis Offense" means a violation

18 of Section 4 or 5 of the Cannabis Control Act

19 concerning not more than 60 ~~30~~ grams of any substance

20 containing cannabis, provided the violation did not

21 include a penalty enhancement under Section 7 of the

22 Cannabis Control Act and is not associated with an

23 arrest, conviction or other disposition for a violent

24 crime as defined in subsection (c) of Section 3 of the

25 Rights of Crime Victims and Witnesses Act.

26 (H) "Municipal ordinance violation" means an

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1 offense defined by a municipal or local ordinance that

2 is criminal in nature and with which the petitioner

3 was charged or for which the petitioner was arrested

4 and released without charging.

5 (I) "Petitioner" means an adult or a minor

6 prosecuted as an adult who has applied for relief

7 under this Section.

8 (J) "Qualified probation" means an order of

9 probation under Section 10 of the Cannabis Control

10 Act, Section 410 of the Illinois Controlled Substances

11 Act, Section 70 of the Methamphetamine Control and

12 Community Protection Act, Section 5-6-3.3 or 5-6-3.4

13 of the Unified Code of Corrections, Section

14 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

15 those provisions existed before their deletion by

16 Public Act 89-313), Section 10-102 of the Illinois

17 Alcoholism and Other Drug Dependency Act, Section

18 40-10 of the Substance Use Disorder Act, or Section 10

19 of the Steroid Control Act. For the purpose of this

20 Section, "successful completion" of an order of

21 qualified probation under Section 10-102 of the

22 Illinois Alcoholism and Other Drug Dependency Act and

23 Section 40-10 of the Substance Use Disorder Act means

24 that the probation was terminated satisfactorily and

25 the judgment of conviction was vacated.

26 (K) (i) Except as provided in subdivision (ii),

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1 "seal" means to physically and electronically maintain

2 the records, unless the records would otherwise be

3 destroyed due to age, but to make the records

4 unavailable without a court order, subject to the

5 exceptions in Sections 12 and 13 of this Act. The

6 petitioner's name shall also be obliterated from the

7 official index required to be kept by the circuit

8 court clerk under Section 16 of the Clerks of Courts

9 Act, but any index issued by the circuit court clerk

10 before the entry of the order to seal shall not be

11 affected.

12 (ii) For records subject to relief under

13 subsection (k) of this Section, "seal" means to

14 physically and electronically maintain the records,

15 unless the records would otherwise be destroyed due to

16 age, but to have the records impounded, as defined in

17 paragraph (2) of subsection (b) of Section 5 of the

18 Court Record and Document Accessibility Act. The

19 defendant's name shall also be obliterated from the

20 official index required to be kept by the circuit

21 court clerk under Section 16 of the Clerks of Courts

22 Act. Upon request, and without court order, the

23 circuit court clerk shall provide to the Illinois

24 State Police the disposition information for any

25 record that was ordered to be sealed or impounded

26 pursuant to this Section.

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1 (L) "Sexual offense committed against a minor"

2 includes, but is not limited to, the offenses of

3 indecent solicitation of a child or criminal sexual

4 abuse when the victim of such offense is under 18 years

5 of age.

6 (M) "Terminate" as it relates to a sentence or

7 order of supervision or qualified probation includes

8 either satisfactory or unsatisfactory termination of

9 the sentence, unless otherwise specified in this

10 Section. A sentence is terminated notwithstanding any

11 outstanding financial legal obligation.

12 (2) Minor Traffic Offenses. Orders of supervision or

13 convictions for minor traffic offenses shall not affect a

14 petitioner's eligibility to expunge or seal records

15 pursuant to this Section.

16 (2.5) Commencing 180 days after July 29, 2016 (the

17 effective date of Public Act 99-697), the law enforcement

18 agency issuing the citation shall automatically expunge,

19 on or before January 1 and July 1 of each year, the law

20 enforcement records of a person found to have committed a

21 civil law violation of subsection (a) of Section 4 of the

22 Cannabis Control Act or subsection (c) of Section 3.5 of

23 the Drug Paraphernalia Control Act in the law enforcement

24 agency's possession or control and which contains the

25 final satisfactory disposition which pertain to the person

26 issued a citation for that offense. The law enforcement

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1 agency shall provide by rule the process for access,

2 review, and to confirm the automatic expungement by the

3 law enforcement agency issuing the citation. Commencing

4 180 days after July 29, 2016 (the effective date of Public

5 Act 99-697), the clerk of the circuit court shall expunge,

6 upon order of the court, or in the absence of a court order

7 on or before January 1 and July 1 of each year, the court

8 records of a person found in the circuit court to have

9 committed a civil law violation of subsection (a) of

10 Section 4 of the Cannabis Control Act or subsection (c) of

11 Section 3.5 of the Drug Paraphernalia Control Act in the

12 clerk's possession or control and which contains the final

13 satisfactory disposition which pertain to the person

14 issued a citation for any of those offenses.

15 (3) Exclusions. Except as otherwise provided in

16 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

17 of this Section, the court shall not order:

18 (A) the sealing or expungement of the records of

19 arrests or charges not initiated by arrest that result

20 in an order of supervision for or conviction of: (i)

21 any sexual offense committed against a minor; (ii)

22 Section 11-501 of the Illinois Vehicle Code or a

23 similar provision of a local ordinance; or (iii)

24 Section 11-503 of the Illinois Vehicle Code or a

25 similar provision of a local ordinance, unless the

26 arrest or charge is for a misdemeanor violation of

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1 subsection (a) of Section 11-503 or a similar

2 provision of a local ordinance, that occurred prior to

3 the offender reaching the age of 25 years and the

4 offender has no other conviction for violating Section

5 11-501 or 11-503 of the Illinois Vehicle Code or a

6 similar provision of a local ordinance.

7 (B) the sealing or expungement of records of minor

8 traffic offenses (as defined in subsection (a)(1)(G)),

9 unless the petitioner was arrested and released

10 without charging.

11 (C) the sealing of the records of arrests or

12 charges not initiated by arrest which result in an

13 order of supervision or a conviction for the following

14 offenses:

15 (i) offenses included in Article 11 of the

16 Criminal Code of 1961 or the Criminal Code of 2012

17 or a similar provision of a local ordinance,

18 except Section 11-14 and a misdemeanor violation

19 of Section 11-30 of the Criminal Code of 1961 or

20 the Criminal Code of 2012, or a similar provision

21 of a local ordinance;

22 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

23 26-5, or 48-1 of the Criminal Code of 1961 or the

24 Criminal Code of 2012, or a similar provision of a

25 local ordinance;

26 (iii) Section 12-3.1 or 12-3.2 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012, or

2 Section 125 of the Stalking No Contact Order Act,

3 or Section 219 of the Civil No Contact Order Act,

4 or a similar provision of a local ordinance;

5 (iv) Class A misdemeanors or felony offenses

6 under the Humane Care for Animals Act; or

7 (v) any offense or attempted offense that

8 would subject a person to registration under the

9 Sex Offender Registration Act.

10 (D) (blank).

11 (b) Expungement.

12 (1) A petitioner may petition the circuit court to

13 expunge the records of his or her arrests and charges not

14 initiated by arrest when each arrest or charge not

15 initiated by arrest sought to be expunged resulted in: (i)

16 acquittal, dismissal, or the petitioner's release without

17 charging, unless excluded by subsection (a)(3)(B); (ii) a

18 conviction which was vacated or reversed, unless excluded

19 by subsection (a)(3)(B); (iii) an order of supervision and

20 such supervision was successfully completed by the

21 petitioner, unless excluded by subsection (a)(3)(A) or

22 (a)(3)(B); or (iv) an order of qualified probation (as

23 defined in subsection (a)(1)(J)) and such probation was

24 successfully completed by the petitioner.

25 (1.5) When a petitioner seeks to have a record of

26 arrest expunged under this Section, and the petitioner has

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1 been convicted of a criminal offense, the State's Attorney

2 may object to the expungement on the grounds that the

3 records contain specific relevant information aside from

4 the mere fact of the arrest.

5 (2) Time frame for filing a petition to expunge.

6 (A) When the arrest or charge not initiated by

7 arrest sought to be expunged resulted in an acquittal,

8 dismissal, the petitioner's release without charging,

9 or the reversal or vacation of a conviction, there is

10 no waiting period to petition for the expungement of

11 such records.

12 (A-5) In anticipation of the successful completion

13 of a problem-solving court, pre-plea diversion, or

14 post-plea diversion program, a petition for

15 expungement may be filed 61 days before the

16 anticipated dismissal of the case or any time

17 thereafter. Upon successful completion of the program

18 and dismissal of the case, the court shall review the

19 petition of the person graduating from the program and

20 shall grant expungement if the petitioner meets all

21 requirements as specified in any applicable statute.

22 (B) When the arrest or charge not initiated by

23 arrest sought to be expunged resulted in an order of

24 supervision, successfully completed by the petitioner,

25 the following time frames will apply:

26 (i) Those arrests or charges that resulted in

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1 orders of supervision under Section 3-707, 3-708,

2 3-710, or 5-401.3 of the Illinois Vehicle Code or

3 a similar provision of a local ordinance, or under

4 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

5 Code of 1961 or the Criminal Code of 2012, or a

6 similar provision of a local ordinance, shall not

7 be eligible for expungement until 5 years have

8 passed following the satisfactory termination of

9 the supervision.

10 (i-5) Those arrests or charges that resulted

11 in orders of supervision for a misdemeanor

12 violation of subsection (a) of Section 11-503 of

13 the Illinois Vehicle Code or a similar provision

14 of a local ordinance, that occurred prior to the

15 petitioner reaching the age of 25 years and the

16 petitioner has no other conviction for violating

17 Section 11-501 or 11-503 of the Illinois Vehicle

18 Code or a similar provision of a local ordinance

19 shall not be eligible for expungement until the

20 petitioner has reached the age of 25 years.

21 (ii) Those arrests or charges that resulted in

22 orders of supervision for any other offenses shall

23 not be eligible for expungement until 2 years have

24 passed following the satisfactory termination of

25 the supervision.

26 (C) When the arrest or charge not initiated by

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1 arrest sought to be expunged resulted in an order of

2 qualified probation, successfully completed by the

3 petitioner, such records shall not be eligible for

4 expungement until 5 years have passed following the

5 satisfactory termination of the probation.

6 (3) Those records maintained by the Illinois State

7 Police for persons arrested prior to their 17th birthday

8 shall be expunged as provided in Section 5-915 of the

9 Juvenile Court Act of 1987.

10 (4) Whenever a person has been arrested for or

11 convicted of any offense, in the name of a person whose

12 identity he or she has stolen or otherwise come into

13 possession of, the aggrieved person from whom the identity

14 was stolen or otherwise obtained without authorization,

15 upon learning of the person having been arrested using his

16 or her identity, may, upon verified petition to the chief

17 judge of the circuit wherein the arrest was made, have a

18 court order entered nunc pro tunc by the Chief Judge to

19 correct the arrest record, conviction record, if any, and

20 all official records of the arresting authority, the

21 Illinois State Police, other criminal justice agencies,

22 the prosecutor, and the trial court concerning such

23 arrest, if any, by removing his or her name from all such

24 records in connection with the arrest and conviction, if

25 any, and by inserting in the records the name of the

26 petitioner, if known or ascertainable, in lieu of the

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1 aggrieved's name. The records of the circuit court clerk

2 shall be sealed until further order of the court upon good

3 cause shown and the name of the aggrieved person

4 obliterated on the official index required to be kept by

5 the circuit court clerk under Section 16 of the Clerks of

6 Courts Act, but the order shall not affect any index

7 issued by the circuit court clerk before the entry of the

8 order. Nothing in this Section shall limit the Illinois

9 State Police or other criminal justice agencies or

10 prosecutors from listing under a petitioner's name the

11 false names he or she has used.

12 (5) Whenever a person has been convicted of criminal

13 sexual assault, aggravated criminal sexual assault,

14 predatory criminal sexual assault of a child, criminal

15 sexual abuse, or aggravated criminal sexual abuse, the

16 victim of that offense may request that the State's

17 Attorney of the county in which the conviction occurred

18 file a verified petition with the presiding trial judge at

19 the petitioner's trial to have a court order entered to

20 seal the records of the circuit court clerk in connection

21 with the proceedings of the trial court concerning that

22 offense. However, the records of the arresting authority

23 and the Illinois State Police concerning the offense shall

24 not be sealed. The court, upon good cause shown, shall

25 make the records of the circuit court clerk in connection

26 with the proceedings of the trial court concerning the

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1 offense available for public inspection.

2 (6) If a conviction has been set aside on direct

3 review or on collateral attack and the court determines by

4 clear and convincing evidence that the petitioner was

5 factually innocent of the charge, the court that finds the

6 petitioner factually innocent of the charge shall enter an

7 expungement order for the conviction for which the

8 petitioner has been determined to be innocent as provided

9 in subsection (b) of Section 5-5-4 of the Unified Code of

10 Corrections.

11 (7) Nothing in this Section shall prevent the Illinois

12 State Police from maintaining all records of any person

13 who is admitted to probation upon terms and conditions and

14 who fulfills those terms and conditions pursuant to

15 Section 10 of the Cannabis Control Act, Section 410 of the

16 Illinois Controlled Substances Act, Section 70 of the

17 Methamphetamine Control and Community Protection Act,

18 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

19 Corrections, Section 12-4.3 or subdivision (b)(1) of

20 Section 12-3.05 of the Criminal Code of 1961 or the

21 Criminal Code of 2012, Section 10-102 of the Illinois

22 Alcoholism and Other Drug Dependency Act, Section 40-10 of

23 the Substance Use Disorder Act, or Section 10 of the

24 Steroid Control Act.

25 (8) If the petitioner has been granted a certificate

26 of innocence under Section 2-702 of the Code of Civil

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1 Procedure, the court that grants the certificate of

2 innocence shall also enter an order expunging the

3 conviction for which the petitioner has been determined to

4 be innocent as provided in subsection (h) of Section 2-702

5 of the Code of Civil Procedure.

6 (c) Sealing.

7 (1) Applicability. Notwithstanding any other provision

8 of this Act to the contrary, and cumulative with any

9 rights to expungement of criminal records, this subsection

10 authorizes the sealing of criminal records of adults and

11 of minors prosecuted as adults. Subsection (g) of this

12 Section provides for immediate sealing of certain records.

13 (2) Eligible Records. The following records may be

14 sealed:

15 (A) All arrests resulting in release without

16 charging;

17 (B) Arrests or charges not initiated by arrest

18 resulting in acquittal, dismissal, or conviction when

19 the conviction was reversed or vacated, except as

20 excluded by subsection (a)(3)(B);

21 (C) Arrests or charges not initiated by arrest

22 resulting in orders of supervision, including orders

23 of supervision for municipal ordinance violations,

24 successfully completed by the petitioner, unless

25 excluded by subsection (a)(3);

26 (C-5) Arrests or charges not initiated by arrest

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1 resulting in orders of qualified probation;

2 (D) Arrests or charges not initiated by arrest

3 resulting in convictions with sentences of conditional

4 discharge or probation, completed without revocation

5 by the petitioner, unless otherwise excluded by

6 subsection (a)(3);

7 (E) Arrests or charges not initiated by arrest

8 resulting in misdemeanor convictions not included in

9 subsection (c)(2)(D), including convictions on

10 municipal ordinance violations, unless excluded by

11 subsection (a)(3); and

12 (F) Arrests or charges not initiated by arrest

13 resulting in felony convictions not included in

14 subsection (c)(2)(D) unless otherwise excluded by

15 subsection (a)(3).

16 (3) When Records Are Eligible to Be Sealed. Records

17 identified as eligible under subsection (c)(2) may be

18 sealed as follows:

19 (A) Records identified as eligible under

20 subsections (c)(2)(A) and (c)(2)(B) may be sealed at

21 any time.

22 (B) Records identified as eligible under

23 subsection (c)(2)(C), (c)(2)(C-5), (c)(2)(D), or

24 (c)(2)(E) may be sealed 2 years after the termination

25 of petitioner's last sentence (as defined in

26 subsection (a)(1)(F)).

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1 (C) Except as otherwise provided in subparagraphs

2 (B) and (E) of this paragraph (3), records identified

3 as eligible under subsection (c)(2)(F) may be sealed 3

4 years after the termination of the petitioner's last

5 sentence (as defined in subsection (a)(1)(F)).

6 Convictions requiring public registration under the

7 Arsonist Registry Act, the Sex Offender Registration

8 Act, or the Murderer and Violent Offender Against

9 Youth Registration Act may not be sealed until the

10 petitioner is no longer required to register under

11 that relevant Act.

12 (D) Records identified in subsection

13 (a)(3)(A)(iii) may be sealed after the petitioner has

14 reached the age of 25 years.

15 (E) Records identified as eligible under

16 subsection (c)(2)(F) may be sealed upon termination of

17 the petitioner's last sentence if the petitioner

18 earned a high school diploma, associate's degree,

19 career certificate, vocational technical

20 certification, or bachelor's degree, or passed the

21 high school level Test of General Educational

22 Development, during the period of his or her sentence

23 or mandatory supervised release. This subparagraph

24 shall apply only to a petitioner who has not completed

25 the same educational goal prior to the period of his or

26 her sentence or mandatory supervised release. If a

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1 petition for sealing eligible records filed under this

2 subparagraph is denied by the court, the time periods

3 under subparagraph (C) shall apply to any subsequent

4 petition for sealing filed by the petitioner.

5 (4) (Blank).

6 (5) Notice of eligibility for sealing. Upon entry of a

7 disposition for an eligible record under this subsection

8 (c), the petitioner shall be informed by the court of the

9 right to have the records sealed and the procedures for

10 the sealing of the records.

11 (d) Procedure. The following procedures apply to

12 expungement under subsections (b), (e), and (e-6) and sealing

13 under subsections (c) and (e-5):

14 (1) Filing the petition. Upon becoming eligible to

15 petition for the expungement or sealing of records under

16 this Section, the petitioner shall file a petition

17 requesting the expungement or sealing of records with the

18 clerk of the court where the arrests occurred or the

19 charges were brought, or both. If arrests occurred or

20 charges were brought in multiple jurisdictions, a petition

21 must be filed in each such jurisdiction. The petitioner

22 shall pay the applicable fee, except no fee shall be

23 required if the petitioner has obtained a court order

24 waiving fees under Supreme Court Rule 298 or it is

25 otherwise waived.

26 (1.5) County fee waiver pilot program. From August 9,

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1 2019 (the effective date of Public Act 101-306) through

2 December 31, 2020, in a county of 3,000,000 or more

3 inhabitants, no fee shall be required to be paid by a

4 petitioner if the records sought to be expunged or sealed

5 were arrests resulting in release without charging or

6 arrests or charges not initiated by arrest resulting in

7 acquittal, dismissal, or conviction when the conviction

8 was reversed or vacated, unless excluded by subsection

9 (a)(3)(B). The provisions of this paragraph (1.5), other

10 than this sentence, are inoperative on and after January

11 1, 2022.

12 (2) Contents of petition. The petition shall be

13 verified and shall contain the petitioner's name, date of

14 birth, current address and, for each arrest or charge not

15 initiated by arrest sought to be sealed or expunged, the

16 case number, the date of arrest (if any), the identity of

17 the arresting authority, and such other information as the

18 court may require. During the pendency of the proceeding,

19 the petitioner shall promptly notify the circuit court

20 clerk of any change of his or her address. If the

21 petitioner has received a certificate of eligibility for

22 sealing from the Prisoner Review Board under paragraph

23 (10) of subsection (a) of Section 3-3-2 of the Unified

24 Code of Corrections, the certificate shall be attached to

25 the petition.

26 (3) (Blank).

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1 (4) Service of petition. The circuit court clerk shall

2 promptly serve a copy of the petition and documentation to

3 support the petition under subsection (e-5) or (e-6) on

4 the State's Attorney or prosecutor charged with the duty

5 of prosecuting the offense, the Illinois State Police, the

6 arresting agency, and, for municipal ordinance violations,

7 the chief legal officer of the unit of local government

8 effecting the arrest.

9 (5) Objections.

10 (A) Any party entitled to notice of the petition

11 may file an objection to the petition. All objections

12 shall be in writing, shall be filed with the circuit

13 court clerk, and shall state with specificity the

14 basis of the objection. Whenever a person who has been

15 convicted of an offense is granted a pardon by the

16 Governor which specifically authorizes expungement, an

17 objection to the petition may not be filed.

18 (B) Objections to a petition to expunge or seal

19 must be filed within 60 days of the date of service of

20 the petition.

21 (6) Entry of order.

22 (A) The Chief Judge of the circuit wherein the

23 charge was brought, any judge of that circuit

24 designated by the Chief Judge, or in counties of less

25 than 3,000,000 inhabitants, the presiding trial judge

26 at the petitioner's trial, if any, shall rule on the

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1 petition to expunge or seal as set forth in this

2 subsection (d)(6).

3 (B) Unless the State's Attorney or prosecutor, the

4 Illinois State Police, the arresting agency, or the

5 chief legal officer files an objection to the petition

6 to expunge or seal within 60 days from the date of

7 service of the petition, the court shall enter an

8 order granting or denying the petition.

9 (C) Notwithstanding any other provision of law,

10 the court shall not deny a petition for sealing under

11 this Section because the petitioner has not satisfied

12 an outstanding legal financial obligation established,

13 imposed, or originated by a court, law enforcement

14 agency, or a municipal, State, county, or other unit

15 of local government, including, but not limited to,

16 any cost, assessment, fine, or fee. An outstanding

17 legal financial obligation does not include any court

18 ordered restitution to a victim under Section 5-5-6 of

19 the Unified Code of Corrections, unless the

20 restitution has been converted to a civil judgment.

21 Nothing in this subparagraph (C) waives, rescinds, or

22 abrogates a legal financial obligation or otherwise

23 eliminates or affects the right of the holder of any

24 financial obligation to pursue collection under

25 applicable federal, State, or local law.

26 (D) (Blank).

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1 (7) Hearings. If an objection is filed, the court

2 shall set a date for a hearing and notify the petitioner

3 and all parties entitled to notice of the petition of the

4 hearing date at least 30 days prior to the hearing. Prior

5 to the hearing, the State's Attorney shall consult with

6 the Illinois State Police as to the appropriateness of the

7 relief sought in the petition to expunge or seal. At the

8 hearing, the court shall hear evidence on whether the

9 petition should or should not be granted, and shall grant

10 or deny the petition to expunge or seal the records based

11 on the evidence presented at the hearing. The court may

12 consider the following:

13 (A) the strength of the evidence supporting the

14 defendant's conviction;

15 (B) the reasons for retention of the conviction

16 records by the State;

17 (C) the petitioner's age, criminal record history,

18 and employment history;

19 (D) the period of time between the petitioner's

20 arrest on the charge resulting in the conviction and

21 the filing of the petition under this Section; and

22 (E) the specific adverse consequences the

23 petitioner may be subject to if the petition is

24 denied.

25 (8) Service of order. After entering an order to

26 expunge or seal records, the court must provide copies of

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1 the order to the Illinois State Police, in a form and

2 manner prescribed by the Illinois State Police, to the

3 petitioner, to the State's Attorney or prosecutor charged

4 with the duty of prosecuting the offense, to the arresting

5 agency, to the chief legal officer of the unit of local

6 government effecting the arrest for municipal ordinance

7 violations, and to such other criminal justice agencies as

8 may be ordered by the court. The disposition information

9 for each case or record ordered expunged, sealed, or

10 impounded shall be attached to the order provided to the

11 Illinois State Police.

12 (9) Implementation of order.

13 (A) Upon entry of an order to expunge records

14 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

15 both:

16 (i) the records shall be expunged (as defined

17 in subsection (a)(1)(E)) by the arresting agency,

18 the Illinois State Police, and any other agency as

19 ordered by the court, within 60 days of the date of

20 service of the order, unless a motion to vacate,

21 modify, or reconsider the order is filed pursuant

22 to paragraph (12) of subsection (d) of this

23 Section;

24 (ii) the records of the circuit court clerk

25 shall be impounded until further order of the

26 court upon good cause shown and the name of the

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1 petitioner obliterated on the official index

2 required to be kept by the circuit court clerk

3 under Section 16 of the Clerks of Courts Act, but

4 the order shall not affect any index issued by the

5 circuit court clerk before the entry of the order;

6 and

7 (iii) in response to an inquiry for expunged

8 records, the court, the Illinois State Police, or

9 the agency receiving such inquiry, shall reply as

10 it does in response to inquiries when no records

11 ever existed.

12 (B) Upon entry of an order to expunge records

13 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

14 both:

15 (i) the records shall be expunged (as defined

16 in subsection (a)(1)(E)) by the arresting agency

17 and any other agency as ordered by the court,

18 within 60 days of the date of service of the order,

19 unless a motion to vacate, modify, or reconsider

20 the order is filed pursuant to paragraph (12) of

21 subsection (d) of this Section;

22 (ii) the records of the circuit court clerk

23 shall be impounded until further order of the

24 court upon good cause shown and the name of the

25 petitioner obliterated on the official index

26 required to be kept by the circuit court clerk

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1 under Section 16 of the Clerks of Courts Act, but

2 the order shall not affect any index issued by the

3 circuit court clerk before the entry of the order;

4 (iii) the records shall be impounded by the

5 Illinois State Police within 60 days of the date

6 of service of the order as ordered by the court,

7 unless a motion to vacate, modify, or reconsider

8 the order is filed pursuant to paragraph (12) of

9 subsection (d) of this Section;

10 (iv) records impounded by the Illinois State

11 Police may be disseminated by the Illinois State

12 Police only as required by law or to the arresting

13 authority, the State's Attorney, and the court

14 upon a later arrest for the same or a similar

15 offense or for the purpose of sentencing for any

16 subsequent felony, and to the Department of

17 Corrections upon conviction for any offense; and

18 (v) in response to an inquiry for such records

19 from anyone not authorized by law to access such

20 records, the court, the Illinois State Police, or

21 the agency receiving such inquiry shall reply as

22 it does in response to inquiries when no records

23 ever existed.

24 (B-5) Upon entry of an order to expunge records

25 under subsection (e-6):

26 (i) the records shall be expunged (as defined

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1 in subsection (a)(1)(E)) by the arresting agency

2 and any other agency as ordered by the court,

3 within 60 days of the date of service of the order,

4 unless a motion to vacate, modify, or reconsider

5 the order is filed under paragraph (12) of

6 subsection (d) of this Section;

7 (ii) the records of the circuit court clerk

8 shall be impounded until further order of the

9 court upon good cause shown and the name of the

10 petitioner obliterated on the official index

11 required to be kept by the circuit court clerk

12 under Section 16 of the Clerks of Courts Act, but

13 the order shall not affect any index issued by the

14 circuit court clerk before the entry of the order;

15 (iii) the records shall be impounded by the

16 Illinois State Police within 60 days of the date

17 of service of the order as ordered by the court,

18 unless a motion to vacate, modify, or reconsider

19 the order is filed under paragraph (12) of

20 subsection (d) of this Section;

21 (iv) records impounded by the Illinois State

22 Police may be disseminated by the Illinois State

23 Police only as required by law or to the arresting

24 authority, the State's Attorney, and the court

25 upon a later arrest for the same or a similar

26 offense or for the purpose of sentencing for any

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1 subsequent felony, and to the Department of

2 Corrections upon conviction for any offense; and

3 (v) in response to an inquiry for these

4 records from anyone not authorized by law to

5 access the records, the court, the Illinois State

6 Police, or the agency receiving the inquiry shall

7 reply as it does in response to inquiries when no

8 records ever existed.

9 (C) Upon entry of an order to seal records under

10 subsection (c), the arresting agency, any other agency

11 as ordered by the court, the Illinois State Police,

12 and the court shall seal the records (as defined in

13 subsection (a)(1)(K)). In response to an inquiry for

14 such records, from anyone not authorized by law to

15 access such records, the court, the Illinois State

16 Police, or the agency receiving such inquiry shall

17 reply as it does in response to inquiries when no

18 records ever existed.

19 (D) The Illinois State Police shall send written

20 notice to the petitioner of its compliance with each

21 order to expunge or seal records within 60 days of the

22 date of service of that order or, if a motion to

23 vacate, modify, or reconsider is filed, within 60 days

24 of service of the order resolving the motion, if that

25 order requires the Illinois State Police to expunge or

26 seal records. In the event of an appeal from the

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1 circuit court order, the Illinois State Police shall

2 send written notice to the petitioner of its

3 compliance with an Appellate Court or Supreme Court

4 judgment to expunge or seal records within 60 days of

5 the issuance of the court's mandate. The notice is not

6 required while any motion to vacate, modify, or

7 reconsider, or any appeal or petition for

8 discretionary appellate review, is pending.

9 (E) Upon motion, the court may order that a sealed

10 judgment or other court record necessary to

11 demonstrate the amount of any legal financial

12 obligation due and owing be made available for the

13 limited purpose of collecting any legal financial

14 obligations owed by the petitioner that were

15 established, imposed, or originated in the criminal

16 proceeding for which those records have been sealed.

17 The records made available under this subparagraph (E)

18 shall not be entered into the official index required

19 to be kept by the circuit court clerk under Section 16

20 of the Clerks of Courts Act and shall be immediately

21 re-impounded upon the collection of the outstanding

22 financial obligations.

23 (F) Notwithstanding any other provision of this

24 Section, a circuit court clerk may access a sealed

25 record for the limited purpose of collecting payment

26 for any legal financial obligations that were

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1 established, imposed, or originated in the criminal

2 proceedings for which those records have been sealed.

3 (10) Fees. The Illinois State Police may charge the

4 petitioner a fee equivalent to the cost of processing any

5 order to expunge or seal records. Notwithstanding any

6 provision of the Clerks of Courts Act to the contrary, the

7 circuit court clerk may charge a fee equivalent to the

8 cost associated with the sealing or expungement of records

9 by the circuit court clerk. From the total filing fee

10 collected for the petition to seal or expunge, the circuit

11 court clerk shall deposit $10 into the Circuit Court Clerk

12 Operation and Administrative Fund, to be used to offset

13 the costs incurred by the circuit court clerk in

14 performing the additional duties required to serve the

15 petition to seal or expunge on all parties. The circuit

16 court clerk shall collect and remit the Illinois State

17 Police portion of the fee to the State Treasurer and it

18 shall be deposited in the State Police Services Fund. If

19 the record brought under an expungement petition was

20 previously sealed under this Section, the fee for the

21 expungement petition for that same record shall be waived.

22 (11) Final Order. No court order issued under the

23 expungement or sealing provisions of this Section shall

24 become final for purposes of appeal until 30 days after

25 service of the order on the petitioner and all parties

26 entitled to notice of the petition.

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1 (12) Motion to Vacate, Modify, or Reconsider. Under

2 Section 2-1203 of the Code of Civil Procedure, the

3 petitioner or any party entitled to notice may file a

4 motion to vacate, modify, or reconsider the order granting

5 or denying the petition to expunge or seal within 60 days

6 of service of the order. If filed more than 60 days after

7 service of the order, a petition to vacate, modify, or

8 reconsider shall comply with subsection (c) of Section

9 2-1401 of the Code of Civil Procedure. Upon filing of a

10 motion to vacate, modify, or reconsider, notice of the

11 motion shall be served upon the petitioner and all parties

12 entitled to notice of the petition.

13 (13) Effect of Order. An order granting a petition

14 under the expungement or sealing provisions of this

15 Section shall not be considered void because it fails to

16 comply with the provisions of this Section or because of

17 any error asserted in a motion to vacate, modify, or

18 reconsider. The circuit court retains jurisdiction to

19 determine whether the order is voidable and to vacate,

20 modify, or reconsider its terms based on a motion filed

21 under paragraph (12) of this subsection (d).

22 (14) Compliance with Order Granting Petition to Seal

23 Records. Unless a court has entered a stay of an order

24 granting a petition to seal, all parties entitled to

25 notice of the petition must fully comply with the terms of

26 the order within 60 days of service of the order even if a

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1 party is seeking relief from the order through a motion

2 filed under paragraph (12) of this subsection (d) or is

3 appealing the order.

4 (15) Compliance with Order Granting Petition to

5 Expunge Records. While a party is seeking relief from the

6 order granting the petition to expunge through a motion

7 filed under paragraph (12) of this subsection (d) or is

8 appealing the order, and unless a court has entered a stay

9 of that order, the parties entitled to notice of the

10 petition must seal, but need not expunge, the records

11 until there is a final order on the motion for relief or,

12 in the case of an appeal, the issuance of that court's

13 mandate.

14 (16) The changes to this subsection (d) made by Public

15 Act 98-163 apply to all petitions pending on August 5,

16 2013 (the effective date of Public Act 98-163) and to all

17 orders ruling on a petition to expunge or seal on or after

18 August 5, 2013 (the effective date of Public Act 98-163).

19 (17) Upon request, and without court order, the

20 circuit court clerk shall provide the disposition

21 information for any record that was ordered to be sealed

22 or impounded pursuant to this Section to the Illinois

23 State Police.

24 (e) Whenever a person who has been convicted of an offense

25 is granted a pardon by the Governor which specifically

26 authorizes expungement, he or she may, upon verified petition

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1 to the Chief Judge of the circuit where the person had been

2 convicted, any judge of the circuit designated by the Chief

3 Judge, or in counties of less than 3,000,000 inhabitants, the

4 presiding trial judge at the defendant's trial, have a court

5 order entered expunging the record of arrest from the official

6 records of the arresting authority and order that the records

7 of the circuit court clerk and the Illinois State Police be

8 sealed until further order of the court upon good cause shown

9 or as otherwise provided herein, and the name of the defendant

10 obliterated from the official index requested to be kept by

11 the circuit court clerk under Section 16 of the Clerks of

12 Courts Act in connection with the arrest and conviction for

13 the offense for which he or she had been pardoned but the order

14 shall not affect any index issued by the circuit court clerk

15 before the entry of the order. All records sealed by the

16 Illinois State Police may be disseminated by the Illinois

17 State Police only to the arresting authority, the State's

18 Attorney, and the court upon a later arrest for the same or

19 similar offense or for the purpose of sentencing for any

20 subsequent felony. Upon conviction for any subsequent offense,

21 the Department of Corrections shall have access to all sealed

22 records of the Illinois State Police pertaining to that

23 individual. Upon entry of the order of expungement, the

24 circuit court clerk shall promptly mail a copy of the order to

25 the person who was pardoned.

26 (e-5) Whenever a person who has been convicted of an

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1 offense is granted a certificate of eligibility for sealing by

2 the Prisoner Review Board which specifically authorizes

3 sealing, he or she may, upon verified petition to the Chief

4 Judge of the circuit where the person had been convicted, any

5 judge of the circuit designated by the Chief Judge, or in

6 counties of less than 3,000,000 inhabitants, the presiding

7 trial judge at the petitioner's trial, have a court order

8 entered sealing the record of arrest from the official records

9 of the arresting authority and order that the records of the

10 circuit court clerk and the Illinois State Police be sealed

11 until further order of the court upon good cause shown or as

12 otherwise provided herein, and the name of the petitioner

13 obliterated from the official index requested to be kept by

14 the circuit court clerk under Section 16 of the Clerks of

15 Courts Act in connection with the arrest and conviction for

16 the offense for which he or she had been granted the

17 certificate but the order shall not affect any index issued by

18 the circuit court clerk before the entry of the order. All

19 records sealed by the Illinois State Police may be

20 disseminated by the Illinois State Police only as required by

21 this Act or to the arresting authority, a law enforcement

22 agency, the State's Attorney, and the court upon a later

23 arrest for the same or similar offense or for the purpose of

24 sentencing for any subsequent felony. Upon conviction for any

25 subsequent offense, the Department of Corrections shall have

26 access to all sealed records of the Illinois State Police

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1 pertaining to that individual. Upon entry of the order of

2 sealing, the circuit court clerk shall promptly mail a copy of

3 the order to the person who was granted the certificate of

4 eligibility for sealing.

5 (e-6) Whenever a person who has been convicted of an

6 offense is granted a certificate of eligibility for

7 expungement by the Prisoner Review Board which specifically

8 authorizes expungement, he or she may, upon verified petition

9 to the Chief Judge of the circuit where the person had been

10 convicted, any judge of the circuit designated by the Chief

11 Judge, or in counties of less than 3,000,000 inhabitants, the

12 presiding trial judge at the petitioner's trial, have a court

13 order entered expunging the record of arrest from the official

14 records of the arresting authority and order that the records

15 of the circuit court clerk and the Illinois State Police be

16 sealed until further order of the court upon good cause shown

17 or as otherwise provided herein, and the name of the

18 petitioner obliterated from the official index requested to be

19 kept by the circuit court clerk under Section 16 of the Clerks

20 of Courts Act in connection with the arrest and conviction for

21 the offense for which he or she had been granted the

22 certificate but the order shall not affect any index issued by

23 the circuit court clerk before the entry of the order. All

24 records sealed by the Illinois State Police may be

25 disseminated by the Illinois State Police only as required by

26 this Act or to the arresting authority, a law enforcement

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1 agency, the State's Attorney, and the court upon a later

2 arrest for the same or similar offense or for the purpose of

3 sentencing for any subsequent felony. Upon conviction for any

4 subsequent offense, the Department of Corrections shall have

5 access to all expunged records of the Illinois State Police

6 pertaining to that individual. Upon entry of the order of

7 expungement, the circuit court clerk shall promptly mail a

8 copy of the order to the person who was granted the certificate

9 of eligibility for expungement.

10 (f) Subject to available funding, the Illinois Department

11 of Corrections shall conduct a study of the impact of sealing,

12 especially on employment and recidivism rates, utilizing a

13 random sample of those who apply for the sealing of their

14 criminal records under Public Act 93-211. At the request of

15 the Illinois Department of Corrections, records of the

16 Illinois Department of Employment Security shall be utilized

17 as appropriate to assist in the study. The study shall not

18 disclose any data in a manner that would allow the

19 identification of any particular individual or employing unit.

20 The study shall be made available to the General Assembly no

21 later than September 1, 2010.

22 (g) Immediate Sealing.

23 (1) Applicability. Notwithstanding any other provision

24 of this Act to the contrary, and cumulative with any

25 rights to expungement or sealing of criminal records, this

26 subsection authorizes the immediate sealing of criminal

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1 records of adults and of minors prosecuted as adults.

2 (2) Eligible Records. Arrests or charges not initiated

3 by arrest resulting in acquittal or dismissal with

4 prejudice, except as excluded by subsection (a)(3)(B),

5 that occur on or after January 1, 2018 (the effective date

6 of Public Act 100-282), may be sealed immediately if the

7 petition is filed with the circuit court clerk on the same

8 day and during the same hearing in which the case is

9 disposed.

10 (3) When Records are Eligible to be Immediately

11 Sealed. Eligible records under paragraph (2) of this

12 subsection (g) may be sealed immediately after entry of

13 the final disposition of a case, notwithstanding the

14 disposition of other charges in the same case.

15 (4) Notice of Eligibility for Immediate Sealing. Upon

16 entry of a disposition for an eligible record under this

17 subsection (g), the defendant shall be informed by the

18 court of his or her right to have eligible records

19 immediately sealed and the procedure for the immediate

20 sealing of these records.

21 (5) Procedure. The following procedures apply to

22 immediate sealing under this subsection (g).

23 (A) Filing the Petition. Upon entry of the final

24 disposition of the case, the defendant's attorney may

25 immediately petition the court, on behalf of the

26 defendant, for immediate sealing of eligible records

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1 under paragraph (2) of this subsection (g) that are

2 entered on or after January 1, 2018 (the effective

3 date of Public Act 100-282). The immediate sealing

4 petition may be filed with the circuit court clerk

5 during the hearing in which the final disposition of

6 the case is entered. If the defendant's attorney does

7 not file the petition for immediate sealing during the

8 hearing, the defendant may file a petition for sealing

9 at any time as authorized under subsection (c)(3)(A).

10 (B) Contents of Petition. The immediate sealing

11 petition shall be verified and shall contain the

12 petitioner's name, date of birth, current address, and

13 for each eligible record, the case number, the date of

14 arrest if applicable, the identity of the arresting

15 authority if applicable, and other information as the

16 court may require.

17 (C) Drug Test. The petitioner shall not be

18 required to attach proof that he or she has passed a

19 drug test.

20 (D) Service of Petition. A copy of the petition

21 shall be served on the State's Attorney in open court.

22 The petitioner shall not be required to serve a copy of

23 the petition on any other agency.

24 (E) Entry of Order. The presiding trial judge

25 shall enter an order granting or denying the petition

26 for immediate sealing during the hearing in which it

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1 is filed. Petitions for immediate sealing shall be

2 ruled on in the same hearing in which the final

3 disposition of the case is entered.

4 (F) Hearings. The court shall hear the petition

5 for immediate sealing on the same day and during the

6 same hearing in which the disposition is rendered.

7 (G) Service of Order. An order to immediately seal

8 eligible records shall be served in conformance with

9 subsection (d)(8).

10 (H) Implementation of Order. An order to

11 immediately seal records shall be implemented in

12 conformance with subsections (d)(9)(C) and (d)(9)(D).

13 (I) Fees. The fee imposed by the circuit court

14 clerk and the Illinois State Police shall comply with

15 paragraph (1) of subsection (d) of this Section.

16 (J) Final Order. No court order issued under this

17 subsection (g) shall become final for purposes of

18 appeal until 30 days after service of the order on the

19 petitioner and all parties entitled to service of the

20 order in conformance with subsection (d)(8).

21 (K) Motion to Vacate, Modify, or Reconsider. Under

22 Section 2-1203 of the Code of Civil Procedure, the

23 petitioner, State's Attorney, or the Illinois State

24 Police may file a motion to vacate, modify, or

25 reconsider the order denying the petition to

26 immediately seal within 60 days of service of the

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1 order. If filed more than 60 days after service of the

2 order, a petition to vacate, modify, or reconsider

3 shall comply with subsection (c) of Section 2-1401 of

4 the Code of Civil Procedure.

5 (L) Effect of Order. An order granting an

6 immediate sealing petition shall not be considered

7 void because it fails to comply with the provisions of

8 this Section or because of an error asserted in a

9 motion to vacate, modify, or reconsider. The circuit

10 court retains jurisdiction to determine whether the

11 order is voidable, and to vacate, modify, or

12 reconsider its terms based on a motion filed under

13 subparagraph (L) of this subsection (g).

14 (M) Compliance with Order Granting Petition to

15 Seal Records. Unless a court has entered a stay of an

16 order granting a petition to immediately seal, all

17 parties entitled to service of the order must fully

18 comply with the terms of the order within 60 days of

19 service of the order.

20 (h) Sealing or vacation and expungement of trafficking

21 victims' crimes.

22 (1) A trafficking victim, as defined by paragraph (10)

23 of subsection (a) of Section 10-9 of the Criminal Code of

24 2012, may petition for vacation and expungement or

25 immediate sealing of his or her criminal record upon the

26 completion of his or her last sentence if his or her

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1 participation in the underlying offense was a result of

2 human trafficking under Section 10-9 of the Criminal Code

3 of 2012 or a severe form of trafficking under the federal

4 Trafficking Victims Protection Act.

5 (1.5) A petition under paragraph (1) shall be

6 prepared, signed, and filed in accordance with Supreme

7 Court Rule 9. The court may allow the petitioner to attend

8 any required hearing remotely in accordance with local

9 rules. The court may allow a petition to be filed under

10 seal if the public filing of the petition would constitute

11 a risk of harm to the petitioner.

12 (2) A petitioner under this subsection (h), in

13 addition to the requirements provided under paragraph (4)

14 of subsection (d) of this Section, shall include in his or

15 her petition a clear and concise statement that: (A) he or

16 she was a victim of human trafficking at the time of the

17 offense; and (B) that his or her participation in the

18 offense was a result of human trafficking under Section

19 10-9 of the Criminal Code of 2012 or a severe form of

20 trafficking under the federal Trafficking Victims

21 Protection Act.

22 (3) If an objection is filed alleging that the

23 petitioner is not entitled to vacation and expungement or

24 immediate sealing under this subsection (h), the court

25 shall conduct a hearing under paragraph (7) of subsection

26 (d) of this Section and the court shall determine whether

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1 the petitioner is entitled to vacation and expungement or

2 immediate sealing under this subsection (h). A petitioner

3 is eligible for vacation and expungement or immediate

4 relief under this subsection (h) if he or she shows, by a

5 preponderance of the evidence, that: (A) he or she was a

6 victim of human trafficking at the time of the offense;

7 and (B) that his or her participation in the offense was a

8 result of human trafficking under Section 10-9 of the

9 Criminal Code of 2012 or a severe form of trafficking

10 under the federal Trafficking Victims Protection Act.

11 (i) Minor Cannabis Offenses under the Cannabis Control

12 Act.

13 (1) Expungement of Arrest Records of Minor Cannabis

14 Offenses.

15 (A) The Illinois State Police and all law

16 enforcement agencies within the State shall

17 automatically expunge all criminal history records of

18 an arrest, charge not initiated by arrest, order of

19 supervision, or order of qualified probation for a

20 Minor Cannabis Offense committed prior to June 25,

21 2019 (the effective date of Public Act 101-27) if:

22 (i) One year or more has elapsed since the

23 date of the arrest or law enforcement interaction

24 documented in the records; and

25 (ii) No criminal charges were filed relating

26 to the arrest or law enforcement interaction or

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1 criminal charges were filed and subsequently

2 dismissed or vacated or the arrestee was

3 acquitted.

4 (B) If the law enforcement agency is unable to

5 verify satisfaction of condition (ii) in paragraph

6 (A), records that satisfy condition (i) in paragraph

7 (A) shall be automatically expunged.

8 (C) Records shall be expunged by the law

9 enforcement agency under the following timelines:

10 (i) Records created prior to June 25, 2019

11 (the effective date of Public Act 101-27), but on

12 or after January 1, 2013, shall be automatically

13 expunged prior to January 1, 2021;

14 (ii) Records created prior to January 1, 2013,

15 but on or after January 1, 2000, shall be

16 automatically expunged prior to January 1, 2023;

17 (iii) Records created prior to January 1, 2000

18 shall be automatically expunged prior to January

19 1, 2025.

20 In response to an inquiry for expunged records,

21 the law enforcement agency receiving such inquiry

22 shall reply as it does in response to inquiries when no

23 records ever existed; however, it shall provide a

24 certificate of disposition or confirmation that the

25 record was expunged to the individual whose record was

26 expunged if such a record exists.

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1 (D) Nothing in this Section shall be construed to

2 restrict or modify an individual's right to have that

3 individual's records expunged except as otherwise may

4 be provided in this Act, or diminish or abrogate any

5 rights or remedies otherwise available to the

6 individual.

7 (2) Pardons Authorizing Expungement of Minor Cannabis

8 Offenses.

9 (A) Upon June 25, 2019 (the effective date of

10 Public Act 101-27), the Department of State Police

11 shall review all criminal history record information

12 and identify all records that meet all of the

13 following criteria:

14 (i) one or more convictions for a Minor

15 Cannabis Offense;

16 (ii) the conviction identified in paragraph

17 (2)(A)(i) did not include a penalty enhancement

18 under Section 7 of the Cannabis Control Act; and

19 (iii) the conviction identified in paragraph

20 (2)(A)(i) is not associated with a conviction for

21 a violent crime as defined in subsection (c) of

22 Section 3 of the Rights of Crime Victims and

23 Witnesses Act.

24 (B) Within 180 days after June 25, 2019 (the

25 effective date of Public Act 101-27), the Department

26 of State Police shall notify the Prisoner Review Board

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1 of all such records that meet the criteria established

2 in paragraph (2)(A).

3 (i) The Prisoner Review Board shall notify the

4 State's Attorney of the county of conviction of

5 each record identified by State Police in

6 paragraph (2)(A) that is classified as a Class 4

7 felony. The State's Attorney may provide a written

8 objection to the Prisoner Review Board on the sole

9 basis that the record identified does not meet the

10 criteria established in paragraph (2)(A). Such an

11 objection must be filed within 60 days or by such

12 later date set by the Prisoner Review Board in the

13 notice after the State's Attorney received notice

14 from the Prisoner Review Board.

15 (ii) In response to a written objection from a

16 State's Attorney, the Prisoner Review Board is

17 authorized to conduct a non-public hearing to

18 evaluate the information provided in the

19 objection.

20 (iii) The Prisoner Review Board shall make a

21 confidential and privileged recommendation to the

22 Governor as to whether to grant a pardon

23 authorizing expungement for each of the records

24 identified by the Department of State Police as

25 described in paragraph (2)(A).

26 (C) If an individual has been granted a pardon

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1 authorizing expungement as described in this Section,

2 the Prisoner Review Board, through the Attorney

3 General, shall file a petition for expungement with

4 the Chief Judge of the circuit or any judge of the

5 circuit designated by the Chief Judge where the

6 individual had been convicted. Such petition may

7 include more than one individual. Whenever an

8 individual who has been convicted of an offense is

9 granted a pardon by the Governor that specifically

10 authorizes expungement, an objection to the petition

11 may not be filed. Petitions to expunge under this

12 subsection (i) may include more than one individual.

13 Within 90 days of the filing of such a petition, the

14 court shall enter an order expunging the records of

15 arrest from the official records of the arresting

16 authority and order that the records of the circuit

17 court clerk and the Illinois State Police be expunged

18 and the name of the defendant obliterated from the

19 official index requested to be kept by the circuit

20 court clerk under Section 16 of the Clerks of Courts

21 Act in connection with the arrest and conviction for

22 the offense for which the individual had received a

23 pardon but the order shall not affect any index issued

24 by the circuit court clerk before the entry of the

25 order. Upon entry of the order of expungement, the

26 circuit court clerk shall promptly provide a copy of

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1 the order and a certificate of disposition to the

2 individual who was pardoned to the individual's last

3 known address or by electronic means (if available) or

4 otherwise make it available to the individual upon

5 request.

6 (D) Nothing in this Section is intended to

7 diminish or abrogate any rights or remedies otherwise

8 available to the individual.

9 (3) Any individual may file a motion to vacate and

10 expunge a conviction for a misdemeanor or Class 4 felony

11 violation of Section 4 or Section 5 of the Cannabis

12 Control Act. Motions to vacate and expunge under this

13 subsection (i) may be filed with the circuit court, Chief

14 Judge of a judicial circuit or any judge of the circuit

15 designated by the Chief Judge. The circuit court clerk

16 shall promptly serve a copy of the motion to vacate and

17 expunge, and any supporting documentation, on the State's

18 Attorney or prosecutor charged with the duty of

19 prosecuting the offense. When considering such a motion to

20 vacate and expunge, a court shall consider the following:

21 the reasons to retain the records provided by law

22 enforcement, the petitioner's age, the petitioner's age at

23 the time of offense, the time since the conviction, and

24 the specific adverse consequences if denied. An individual

25 may file such a petition after the completion of any

26 non-financial sentence or non-financial condition imposed

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1 by the conviction. Within 60 days of the filing of such

2 motion, a State's Attorney may file an objection to such a

3 petition along with supporting evidence. If a motion to

4 vacate and expunge is granted, the records shall be

5 expunged in accordance with subparagraphs (d)(8) and

6 (d)(9)(A) of this Section. An agency providing civil legal

7 aid, as defined by Section 15 of the Public Interest

8 Attorney Assistance Act, assisting individuals seeking to

9 file a motion to vacate and expunge under this subsection

10 may file motions to vacate and expunge with the Chief

11 Judge of a judicial circuit or any judge of the circuit

12 designated by the Chief Judge, and the motion may include

13 more than one individual. Motions filed by an agency

14 providing civil legal aid concerning more than one

15 individual may be prepared, presented, and signed

16 electronically.

17 (4) Any State's Attorney may file a motion to vacate

18 and expunge a conviction for a misdemeanor or Class 4

19 felony violation of Section 4 or Section 5 of the Cannabis

20 Control Act. Motions to vacate and expunge under this

21 subsection (i) may be filed with the circuit court, Chief

22 Judge of a judicial circuit or any judge of the circuit

23 designated by the Chief Judge, and may include more than

24 one individual. Motions filed by a State's Attorney

25 concerning more than one individual may be prepared,

26 presented, and signed electronically. When considering

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1 such a motion to vacate and expunge, a court shall

2 consider the following: the reasons to retain the records

3 provided by law enforcement, the individual's age, the

4 individual's age at the time of offense, the time since

5 the conviction, and the specific adverse consequences if

6 denied. Upon entry of an order granting a motion to vacate

7 and expunge records pursuant to this Section, the State's

8 Attorney shall notify the Prisoner Review Board within 30

9 days. Upon entry of the order of expungement, the circuit

10 court clerk shall promptly provide a copy of the order and

11 a certificate of disposition to the individual whose

12 records will be expunged to the individual's last known

13 address or by electronic means (if available) or otherwise

14 make available to the individual upon request. If a motion

15 to vacate and expunge is granted, the records shall be

16 expunged in accordance with subparagraphs (d)(8) and

17 (d)(9)(A) of this Section.

18 (5) In the public interest, the State's Attorney of a

19 county has standing to file motions to vacate and expunge

20 pursuant to this Section in the circuit court with

21 jurisdiction over the underlying conviction.

22 (6) If a person is arrested for a Minor Cannabis

23 Offense as defined in this Section before June 25, 2019

24 (the effective date of Public Act 101-27) and the person's

25 case is still pending but a sentence has not been imposed,

26 the person may petition the court in which the charges are

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1 pending for an order to summarily dismiss those charges

2 against him or her, and expunge all official records of

3 his or her arrest, plea, trial, conviction, incarceration,

4 supervision, or expungement. If the court determines, upon

5 review, that: (A) the person was arrested before June 25,

6 2019 (the effective date of Public Act 101-27) for an

7 offense that has been made eligible for expungement; (B)

8 the case is pending at the time; and (C) the person has not

9 been sentenced of the minor cannabis violation eligible

10 for expungement under this subsection, the court shall

11 consider the following: the reasons to retain the records

12 provided by law enforcement, the petitioner's age, the

13 petitioner's age at the time of offense, the time since

14 the conviction, and the specific adverse consequences if

15 denied. If a motion to dismiss and expunge is granted, the

16 records shall be expunged in accordance with subparagraph

17 (d)(9)(A) of this Section.

18 (7) A person imprisoned solely as a result of one or

19 more convictions for Minor Cannabis Offenses under this

20 subsection (i) shall be released from incarceration upon

21 the issuance of an order under this subsection.

22 (8) The Illinois State Police shall allow a person to

23 use the access and review process, established in the

24 Illinois State Police, for verifying that his or her

25 records relating to Minor Cannabis Offenses of the

26 Cannabis Control Act eligible under this Section have been

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1 expunged.

2 (9) No conviction vacated pursuant to this Section

3 shall serve as the basis for damages for time unjustly

4 served as provided in the Court of Claims Act.

5 (10) Effect of Expungement. A person's right to

6 expunge an expungeable offense shall not be limited under

7 this Section. The effect of an order of expungement shall

8 be to restore the person to the status he or she occupied

9 before the arrest, charge, or conviction.

10 (11) Information. The Illinois State Police shall post

11 general information on its website about the expungement

12 process described in this subsection (i).

13 (j) Felony Prostitution Convictions.

14 (1) Automatic Sealing of Felony Prostitution Arrests.

15 (A) The Illinois State Police and local law

16 enforcement agencies within the State shall

17 automatically seal the law enforcement records

18 relating to a person's Class 4 felony arrests and

19 charges not initiated by arrest for prostitution if

20 that arrest or charge not initiated by arrest is

21 eligible for sealing under paragraph (2) of subsection

22 (c).

23 (B) In the absence of a court order or upon the

24 order of a court, the clerk of the circuit court shall

25 automatically seal the court records and case files

26 relating to a person's Class 4 felony arrests and

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1 charges not initiated by arrest for prostitution if

2 that arrest or charge not initiated by arrest is

3 eligible for sealing under paragraph (2) of subsection

4 (c).

5 (C) The automatic sealing described in this

6 paragraph (1) shall be completed no later than January

7 1, 2028.

8 (2) Automatic Sealing of Felony Prostitution

9 Convictions.

10 (A) The Illinois State Police and local law

11 enforcement agencies within the State shall

12 automatically seal the law enforcement records

13 relating to a person's Class 4 felony conviction for

14 prostitution if those records are eligible for sealing

15 under paragraph (2) of subsection (c).

16 (B) In the absence of a court order or upon the

17 order of a court, the clerk of the circuit court shall

18 automatically seal the court records relating to a

19 person's Class 4 felony conviction for prostitution if

20 those records are eligible for sealing under paragraph

21 (2) of subsection (c).

22 (C) The automatic sealing of records described in

23 this paragraph (2) shall be completed no later than

24 January 1, 2028.

25 (3) Motions to Vacate and Expunge Felony Prostitution

26 Convictions. Any individual may file a motion to vacate

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1 and expunge a conviction for a prior Class 4 felony

2 violation of prostitution. Motions to vacate and expunge

3 under this subsection (j) may be filed with the circuit

4 court, Chief Judge of a judicial circuit, or any judge of

5 the circuit designated by the Chief Judge. When

6 considering the motion to vacate and expunge, a court

7 shall consider the following:

8 (A) the reasons to retain the records provided by

9 law enforcement;

10 (B) the petitioner's age;

11 (C) the petitioner's age at the time of offense;

12 and

13 (D) the time since the conviction, and the

14 specific adverse consequences if denied. An individual

15 may file the petition after the completion of any

16 sentence or condition imposed by the conviction.

17 Within 60 days of the filing of the motion, a State's

18 Attorney may file an objection to the petition along

19 with supporting evidence. If a motion to vacate and

20 expunge is granted, the records shall be expunged in

21 accordance with subparagraph (d)(9)(A) of this

22 Section. An agency providing civil legal aid, as

23 defined in Section 15 of the Public Interest Attorney

24 Assistance Act, assisting individuals seeking to file

25 a motion to vacate and expunge under this subsection

26 may file motions to vacate and expunge with the Chief

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1 Judge of a judicial circuit or any judge of the circuit

2 designated by the Chief Judge, and the motion may

3 include more than one individual.

4 (4) Any State's Attorney may file a motion to vacate

5 and expunge a conviction for a Class 4 felony violation of

6 prostitution. Motions to vacate and expunge under this

7 subsection (j) may be filed with the circuit court, Chief

8 Judge of a judicial circuit, or any judge of the circuit

9 court designated by the Chief Judge, and may include more

10 than one individual. When considering the motion to vacate

11 and expunge, a court shall consider the following reasons:

12 (A) the reasons to retain the records provided by

13 law enforcement;

14 (B) the petitioner's age;

15 (C) the petitioner's age at the time of offense;

16 (D) the time since the conviction; and

17 (E) the specific adverse consequences if denied.

18 If the State's Attorney files a motion to vacate and

19 expunge records for felony prostitution convictions

20 pursuant to this Section, the State's Attorney shall

21 notify the Prisoner Review Board within 30 days of the

22 filing. If a motion to vacate and expunge is granted, the

23 records shall be expunged in accordance with subparagraph

24 (d)(9)(A) of this Section.

25 (5) In the public interest, the State's Attorney of a

26 county has standing to file motions to vacate and expunge

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1 pursuant to this Section in the circuit court with

2 jurisdiction over the underlying conviction.

3 (6) The Illinois State Police shall allow a person to

4 ~~a~~ use the access and review process, established in the

5 Illinois State Police, for verifying that his or her

6 records relating to felony prostitution eligible under

7 this Section have been expunged.

8 (7) No conviction vacated pursuant to this Section

9 shall serve as the basis for damages for time unjustly

10 served as provided in the Court of Claims Act.

11 (8) Effect of Expungement. A person's right to expunge

12 an expungeable offense shall not be limited under this

13 Section. The effect of an order of expungement shall be to

14 restore the person to the status he or she occupied before

15 the arrest, charge, or conviction.

16 (9) Information. The Illinois State Police shall post

17 general information on its website about the expungement

18 or sealing process described in this subsection (j).

19 (k) Automatic Sealing.

20 (1) Applicability. Notwithstanding any other provision

21 of this Act, and cumulative with any rights to expungement

22 or sealing of criminal records, this subsection authorizes

23 the automatic sealing of criminal records of adults and of

24 minors prosecuted as adults. Any duties imposed upon the

25 Illinois State Police by this Act are subject to

26 appropriations being made for that purpose to the State

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1 Police Services Fund. Any duties imposed upon circuit

2 clerks by this Act are subject to appropriations being

3 made for that purpose to the Circuit Court Clerk Operation

4 and Administrative Fund.

5 (2) Beginning January 1, 2029, records created on or

6 after January 1, 1970 that meet the eligibility criteria

7 in paragraph (k)(3) and timing criteria in paragraph

8 (k)(4) or (k)(5) shall be automatically sealed without the

9 filing of a petition. The Illinois State Police shall

10 identify eligible records, automatically seal eligible

11 records, and provide an electronic notice to circuit

12 clerks, by means of the applicable e-filing system.

13 Commencing January 1, 2029, the Illinois State Police

14 shall, at least quarterly, seal all records identified as

15 subject to automatic sealing in paragraph (k)(3) and

16 meeting time requirements under paragraph (k)(5). At least

17 quarterly, the Illinois State Police shall electronically

18 notify each circuit court of all previously unidentified

19 records originating in that county for which a record is

20 subject to automatic sealing pursuant to this subsection.

21 Upon receipt of notice from the Illinois State Police,

22 circuit clerks shall seal records as that term is defined

23 in subsection (a)(1)(K)(ii). For records held

24 electronically, circuit clerks shall seal records within

25 90 days of notice from the Illinois State Police. For

26 records not held electronically, circuit clerks shall

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1 ensure that the individual's name is obliterated from the

2 official index required to be kept by the circuit court

3 clerk under Section 16 of the Clerks of Courts Act and

4 shall also ensure that the permanent record, as defined by

5 the Supreme Court, is sealed as defined in subsection

6 (a)(1)(K)(ii) before anyone not authorized by law is able

7 to access the physical records.

8 For all records created before January 1, 2029, the

9 following timelines shall apply:

10 (A) Records created prior to January 1, 2029 but

11 on or after July 1, 2005 shall be identified and sealed

12 by the Illinois State Police, with notice provided to

13 circuit clerks by means of the applicable e-filing

14 system, by January 1, 2030. Circuit clerks shall seal

15 records in accordance with the procedures established

16 in this Section by January 1, 2031.

17 (B) Records created prior to July 1, 2005 but on or

18 after July 1, 1990 shall be identified and sealed by

19 the Illinois State Police, with notice provided to

20 circuit clerks by means of the applicable e-filing

21 system, by January 1, 2031. Circuit clerks shall seal

22 records in accordance with the procedures established

23 in this Section by January 1, 2032.

24 (C) Records created prior to July 1, 1990 but on or

25 after July 1, 1970 shall be identified and sealed by

26 the Illinois State Police, with notice provided to

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1 circuit clerks by means of the applicable e-filing

2 system, by January 1, 2032. Circuit clerks shall seal

3 records in accordance with the procedures established

4 in this Section by January 1, 2034.

5 (3) Records listed in subsection (c)(2) are eligible

6 for automatic record sealing unless excluded by subsection

7 (a)(3) or in this paragraph (3):

8 (A) Records are not eligible for automatic sealing

9 while the subject of the record is serving a sentence,

10 order of supervision, or order of qualified probation

11 for a criminal offense in this State. Records are not

12 eligible for automatic sealing if the subject of the

13 record has pending filed charges. For the purposes of

14 determining if a charge is pending, if the Illinois

15 State Police is otherwise unable to determine

16 disposition status, misdemeanor charges shall not be

17 considered pending if one year has elapsed since the

18 filing of charges and felony charges shall not be

19 considered pending if 7 years have elapsed since the

20 filing of charges.

21 (B) Records of conviction for offenses included in

22 Article 9 or 11 of the Criminal Code of 1961 or the

23 Criminal Code of 2012, for felonies designated as

24 Class X, and for felonies that require public

25 registration under the Sex Offender Registration Act

26 are not eligible for automatic sealing.

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1 Notwithstanding this subparagraph, offenses included

2 in Section 11-14 of the Criminal Code of 1961 or the

3 Criminal Code of 2012 are eligible for automatic

4 sealing. A conviction of a crime of violence, as that

5 term is defined in Section 20 of the Drug Court

6 Treatment Act, is not eligible for automatic sealing.

7 A conviction of trafficking in persons, involuntary

8 servitude, or involuntary sexual servitude of a minor,

9 a conviction of organized retail crime, a conviction

10 of robbery, a conviction of vehicular hijacking, a

11 conviction of burglary that is a Class 1 or 2 felony,

12 or a conviction of residential burglary, as those

13 terms are used in Sections 10-9, 16-25.1, 18-1, 18-3,

14 19-1, and 19-3 of the Criminal Code of 2012, is not

15 eligible for automatic sealing. Convictions requiring

16 public registration under the Arsonist Registration

17 Act or the Murderer and Violent Offender Against Youth

18 Registration Act are not eligible for automatic

19 sealing until the petitioner is no longer required to

20 register under the relevant Act.

21 (C) Records with the same case number as a

22 conviction listed in subparagraph (B) are not eligible

23 for automatic sealing.

24 (D) Felony conviction records are not eligible for

25 automatic sealing until all felony conviction records

26 eligible for automatic sealing for the subject of the

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1 record have met the time requirements in paragraph

2 (5).

3 (4) Automatic Sealing of Nonconviction Records.

4 Arrests or charges not initiated by arrest resulting in

5 acquittal or dismissal, except as excluded by subsection

6 (a)(3)(B), that occur on or after January 1, 2029 shall be

7 sealed immediately after entry of the final disposition of

8 a case, except as provided in subsection (k)(3)(C). Upon

9 entry of a disposition for an eligible record under this

10 paragraph, the defendant shall be informed by the court

11 that the defendant's eligible records will be immediately

12 sealed and the procedure for the immediate sealing of

13 these records. The court shall enter an order sealing the

14 record after entry of the final disposition of a case.

15 After sealing records pursuant to this paragraph, the

16 circuit court clerk must provide notice of sealing to the

17 Illinois State Police and to the arresting agency in a

18 form and manner prescribed by the Supreme Court. The

19 circuit clerk shall provide this notice within 30 days of

20 sealing the record and may do so electronically. An order

21 to immediately seal records shall be implemented in

22 conformance with paragraph (8).

23 (5) When Records are Subject to Automatic Sealing.

24 (A) Records of arrest resulting in release without

25 charging and records of arrests or charges not

26 initiated by arrest resulting in acquittal, dismissal,

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1 or conviction when the conviction was reversed or

2 vacated are subject to automatic sealing immediately.

3 (B) Records of arrests or charges not initiated by

4 arrest resulting in orders of supervision, including

5 orders of supervision for municipal ordinance

6 violations, resulting in orders of qualified

7 probation, are subject to automatic sealing if 2 years

8 have elapsed since the termination of the order of

9 supervision or qualified probation.

10 (C) Arrests or charges not initiated by arrest

11 resulting in misdemeanor convictions are subject to

12 automatic sealing if two years have elapsed since the

13 termination of the sentence associated with the

14 record.

15 (D) Arrests or charges not initiated by arrest

16 resulting in convictions for felony offenses are

17 subject to automatic sealing if 3 years have elapsed

18 since the termination of the sentence associated with

19 the record.

20 (E) For the purposes of determining if the

21 timelines in this paragraph (5) have been met, the

22 Illinois State Police shall consider records in its

23 possession and, in the absence of disposition or

24 sentence termination records, shall deem sentences

25 terminated based on the sentence or supervision term

26 length information in its possession. In the absence

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1 of a known term length of probation or conditional

2 discharge, the Illinois State Police shall deem a term

3 completed if the maximum probation or conditional

4 discharge term length for the statutory class of the

5 offense has elapsed since the disposition date.

6 (6) Notice. At least monthly, the circuit court clerk

7 shall provide notice to each arresting agency of all

8 records sealed under this subsection. The circuit court

9 clerk may provide this notice electronically.

10 (7) Implementation.

11 (A) Upon notice of sealing provided by the circuit

12 court clerk, the arresting agency and any other agency

13 receiving notice of sealing shall seal the records

14 under the procedures in subsections (a)(1)(K) and

15 (d)(9)(C).

16 (B) In response to an inquiry for the sealed

17 records from anyone not authorized by law to access

18 the records, the court, the Illinois State Police, the

19 arresting agency, or the prosecuting agency receiving

20 the inquiry shall reply as it does in response to

21 inquiries when no records ever existed.

22 (C) Each circuit court that has sealed a record

23 shall make those records available to the subject of

24 the record, or an attorney representing the subject of

25 the record, without court order within 7 days.

26 (8) Upon request, the circuit court clerk shall

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1 provide disposition information for any record sealed

2 pursuant to this subsection to the Illinois State Police,

3 the arresting agency, the State's Attorney, or prosecutor

4 that prosecuted the offense. If the Illinois State Police,

5 arresting agency, State's Attorney, or prosecutor that

6 prosecuted the offense determine a record has been

7 improperly sealed pursuant to this subsection, the

8 Illinois State Police, arresting agency, State's Attorney,

9 or prosecutor that prosecuted the offense may file a

10 petition to unseal the record with the court that entered

11 the original record. If the court determines the record

12 was improperly sealed, the court shall enter an order

13 unsealing the record.

14 (9) Records sealed under this subsection shall be used

15 and disseminated by the Illinois State Police only as

16 required or authorized by a federal or State law, rule, or

17 regulation that requires inquiry into and release of

18 criminal records. The Department of Corrections shall have

19 access to all sealed records of the Illinois State Police

20 pertaining to individuals committed or confined within or

21 sentenced to a term of imprisonment within a correctional

22 institution or facility.

23 (10) The Illinois State Police shall allow a person to

24 use the access and review process, established by the

25 Illinois State Police, for verifying that the person's

26 records eligible under this subsection have been sealed.

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1 As part of the access and review process, upon request,

2 the Illinois State Police shall provide the subject of the

3 record written confirmation that the record was sealed

4 under this subsection.

5 (11) An individual may challenge the individual's

6 record and request corrections, including the sealing of

7 records eligible under this subsection, by completing and

8 submitting a record challenge form to the Illinois State

9 Police. The Illinois State Police shall automatically seal

10 all records identified as eligible under this subsection

11 based on the access and review process. The Illinois State

12 Police shall include any records identified as eligible

13 under this process in the next electronic notification of

14 the circuit court in which the case originated. The

15 Illinois State Police shall render a final administrative

16 decision with respect to the record challenge, which shall

17 be subject to administrative appeal procedures established

18 by the Illinois Criminal Justice Information Authority.

19 (12) Nothing in this Section shall be construed to

20 restrict or modify an individual's right to have that

21 individual's records expunged or sealed except as

22 otherwise may be provided in this Act or diminish or

23 abrogate any rights or remedies otherwise available to the

24 individual.

25 (13) The State or the county, or an official or

26 employee of the State or the county acting in the course of

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1 the official's or employee's duties, is not liable for an

2 injury or loss a person might receive due to an act or

3 omission of a person in the commission of the person's

4 duties under this Act, except for willful, wanton

5 misconduct or gross negligence on the part of the

6 governmental unit or on the part of the official or

7 employee.

8 (l) Municipal ordinance violations and Class C

9 misdemeanors. Notwithstanding any other provision of this Act

10 to the contrary and cumulative with any rights to expungement

11 of criminal records, this subsection requires the sealing of

12 criminal records of municipal ordinance violations and Class C

13 misdemeanors without petition. Beginning January 1, 2028, and

14 on January 1 and July 1 of each year thereafter, circuit court

15 clerks shall seal any criminal records of arrests or charges

16 not initiated by arrest resulting in charges or convictions

17 for municipal ordinance violations or Class C misdemeanors if

18 one year has elapsed since the case was closed as designated by

19 the Supreme Court.

20 (Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;

21 103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.

22 7-1-25; 104-417, eff. 8-15-25; 104-459, eff. 6-1-26; revised

23 1-20-26.)

24 Section 110. The State Finance Act is amended by changing

25 Sections 5.890 and 5.916 and adding Section 5.1038 as follows:

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1 (30 ILCS 105/5.890)

2 Sec. 5.890. The Industrial Hemp Regulatory Fund. This

3 Section is repealed on January 1, 2028.

4 (Source: P.A. 100-1091, eff. 8-26-18; 101-81, eff. 7-12-19.)

5 (30 ILCS 105/5.916)

6 Sec. 5.916. The Local Cannabis Retailers' Occupation

7 ~~Consumer Excise~~ Tax Trust Fund.

8 (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)

9 (30 ILCS 105/5.1038 new)

10 Sec. 5.1038. The Illinois Hemp Regulatory Fund.

11 Section 115. The Illinois Procurement Code is amended by

12 changing Section 1-10 as follows:

13 (30 ILCS 500/1-10)

14 (Text of Section before amendment by P.A. 104-458)

15 Sec. 1-10. Application.

16 (a) This Code applies only to procurements for which

17 bidders, offerors, potential contractors, or contractors were

18 first solicited on or after July 1, 1998. This Code shall not

19 be construed to affect or impair any contract, or any

20 provision of a contract, entered into based on a solicitation

21 prior to the implementation date of this Code as described in

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1 Article 99, including, but not limited to, any covenant

2 entered into with respect to any revenue bonds or similar

3 instruments. All procurements for which contracts are

4 solicited between the effective date of Articles 50 and 99 and

5 July 1, 1998 shall be substantially in accordance with this

6 Code and its intent.

7 (b) This Code shall apply regardless of the source of the

8 funds with which the contracts are paid, including federal

9 assistance moneys. This Code shall not apply to:

10 (1) Contracts between the State and its political

11 subdivisions or other governments, or between State

12 governmental bodies, except as specifically provided in

13 this Code.

14 (2) Grants, except for the filing requirements of

15 Section 20-80.

16 (3) Purchase of care, except as provided in Section

17 5-30.6 of the Illinois Public Aid Code and this Section.

18 (4) Hiring of an individual as an employee and not as

19 an independent contractor, whether pursuant to an

20 employment code or policy or by contract directly with

21 that individual.

22 (5) Collective bargaining contracts.

23 (6) Purchase of real estate, except that notice of

24 this type of contract with a value of more than $25,000

25 must be published in the Procurement Bulletin within 10

26 calendar days after the deed is recorded in the county of

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1 jurisdiction. The notice shall identify the real estate

2 purchased, the names of all parties to the contract, the

3 value of the contract, and the effective date of the

4 contract.

5 (7) Contracts necessary to prepare for anticipated

6 litigation, enforcement actions, or investigations,

7 provided that the chief legal counsel to the Governor

8 shall give his or her prior approval when the procuring

9 agency is one subject to the jurisdiction of the Governor,

10 and provided that the chief legal counsel of any other

11 procuring entity subject to this Code shall give his or

12 her prior approval when the procuring entity is not one

13 subject to the jurisdiction of the Governor.

14 (8) (Blank).

15 (9) Procurement expenditures by the Illinois

16 Conservation Foundation when only private funds are used.

17 (10) (Blank).

18 (11) Public-private agreements entered into according

19 to the procurement requirements of Section 20 of the

20 Public-Private Partnerships for Transportation Act and

21 design-build agreements entered into according to the

22 procurement requirements of Section 25 of the

23 Public-Private Partnerships for Transportation Act.

24 (12) (A) Contracts for legal, financial, and other

25 professional and artistic services entered into by the

26 Illinois Finance Authority in which the State of Illinois

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1 is not obligated. Such contracts shall be awarded through

2 a competitive process authorized by the members of the

3 Illinois Finance Authority and are subject to Sections

4 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

5 as well as the final approval by the members of the

6 Illinois Finance Authority of the terms of the contract.

7 (B) Contracts for legal and financial services entered

8 into by the Illinois Housing Development Authority in

9 connection with the issuance of bonds in which the State

10 of Illinois is not obligated. Such contracts shall be

11 awarded through a competitive process authorized by the

12 members of the Illinois Housing Development Authority and

13 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

14 and 50-37 of this Code, as well as the final approval by

15 the members of the Illinois Housing Development Authority

16 of the terms of the contract.

17 (13) Contracts for services, commodities, and

18 equipment to support the delivery of timely forensic

19 science services in consultation with and subject to the

20 approval of the Chief Procurement Officer as provided in

21 subsection (d) of Section 5-4-3a of the Unified Code of

22 Corrections, except for the requirements of Sections

23 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

24 Code; however, the Chief Procurement Officer may, in

25 writing with justification, waive any certification

26 required under Article 50 of this Code. For any contracts

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1 for services which are currently provided by members of a

2 collective bargaining agreement, the applicable terms of

3 the collective bargaining agreement concerning

4 subcontracting shall be followed.

5 On and after January 1, 2019, this paragraph (13),

6 except for this sentence, is inoperative.

7 (14) Contracts for participation expenditures required

8 by a domestic or international trade show or exhibition of

9 an exhibitor, member, or sponsor.

10 (15) Contracts with a railroad or utility that

11 requires the State to reimburse the railroad or utilities

12 for the relocation of utilities for construction or other

13 public purpose. Contracts included within this paragraph

14 (15) shall include, but not be limited to, those

15 associated with: relocations, crossings, installations,

16 and maintenance. For the purposes of this paragraph (15),

17 "railroad" means any form of non-highway ground

18 transportation that runs on rails or electromagnetic

19 guideways and "utility" means: (1) public utilities as

20 defined in Section 3-105 of the Public Utilities Act, (2)

21 telecommunications carriers as defined in Section 13-202

22 of the Public Utilities Act, (3) electric cooperatives as

23 defined in Section 3.4 of the Electric Supplier Act, (4)

24 telephone or telecommunications cooperatives as defined in

25 Section 13-212 of the Public Utilities Act, (5) rural

26 water or wastewater ~~waste water~~ systems with 10,000

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1 connections or less, (6) a holder as defined in Section

2 21-201 of the Public Utilities Act, and (7) municipalities

3 owning or operating utility systems consisting of public

4 utilities as that term is defined in Section 11-117-2 of

5 the Illinois Municipal Code.

6 (16) Procurement expenditures necessary for the

7 Department of Public Health to provide the delivery of

8 timely newborn screening services in accordance with the

9 Newborn Metabolic Screening Act.

10 (17) Procurement expenditures necessary for the

11 Department of Agriculture, the Department of Financial and

12 Professional Regulation, the Department of Human Services,

13 and the Department of Public Health to implement the

14 Compassionate Use of Medical Cannabis Program and Opioid

15 Alternative Pilot Program requirements and ensure access

16 to medical cannabis for patients with debilitating medical

17 conditions in accordance with the Compassionate Use of

18 Medical Cannabis Program Act.

19 (18) This Code does not apply to any procurements

20 necessary for the Department of Agriculture or ~~,~~ the

21 Department of Financial and Professional Regulation~~, the~~

22 ~~Department of Human Services, the Department of Commerce~~

23 ~~and Economic Opportunity, and the Department of Public~~

24 ~~Health~~ to implement the Cannabis Regulation and Tax Act

25 and for the Department of Agriculture to implement the

26 Illinois Hemp Act if the applicable agency has made a good

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1 faith determination that it is necessary and appropriate

2 for the expenditure to fall within this exemption and if

3 the process is conducted in a manner substantially in

4 accordance with the requirements of Sections 20-160,

5 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,

6 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of

7 this Code; however, for Section 50-35, compliance applies

8 only to contracts or subcontracts over $100,000. Notice of

9 each contract entered into under this paragraph (18) that

10 is related to the procurement of goods and services

11 identified in paragraph (1) through (9) of this subsection

12 shall be published in the Procurement Bulletin within 14

13 calendar days after contract execution. The Chief

14 Procurement Officer shall prescribe the form and content

15 of the notice. Each agency shall provide the Chief

16 Procurement Officer, on a monthly basis, in the form and

17 content prescribed by the Chief Procurement Officer, a

18 report of contracts that are related to the procurement of

19 goods and services identified in this subsection. At a

20 minimum, this report shall include the name of the

21 contractor, a description of the supply or service

22 provided, the total amount of the contract, the term of

23 the contract, and the exception to this Code utilized. A

24 copy of any or all of these contracts shall be made

25 available to the Chief Procurement Officer immediately

26 upon request. The Chief Procurement Officer shall submit a

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1 report to the Governor and General Assembly no later than

2 November 1 of each year that includes, at a minimum, an

3 annual summary of the monthly information reported to the

4 Chief Procurement Officer. This exemption becomes

5 inoperative 10 ~~5~~ years after June 25, 2019 (the effective

6 date of Public Act 101-27).

7 (19) Acquisition of modifications or adjustments,

8 limited to assistive technology devices and assistive

9 technology services, adaptive equipment, repairs, and

10 replacement parts to provide reasonable accommodations (i)

11 that enable a qualified applicant with a disability to

12 complete the job application process and be considered for

13 the position such qualified applicant desires, (ii) that

14 modify or adjust the work environment to enable a

15 qualified current employee with a disability to perform

16 the essential functions of the position held by that

17 employee, (iii) to enable a qualified current employee

18 with a disability to enjoy equal benefits and privileges

19 of employment as are enjoyed by other similarly situated

20 employees without disabilities, and (iv) that allow a

21 customer, client, claimant, or member of the public

22 seeking State services full use and enjoyment of and

23 access to its programs, services, or benefits.

24 For purposes of this paragraph (19):

25 "Assistive technology devices" means any item, piece

26 of equipment, or product system, whether acquired

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1 commercially off the shelf, modified, or customized, that

2 is used to increase, maintain, or improve functional

3 capabilities of individuals with disabilities.

4 "Assistive technology services" means any service that

5 directly assists an individual with a disability in

6 selection, acquisition, or use of an assistive technology

7 device.

8 "Qualified" has the same meaning and use as provided

9 under the federal Americans with Disabilities Act when

10 describing an individual with a disability.

11 (20) Procurement expenditures necessary for the

12 Illinois Commerce Commission to hire third-party

13 facilitators pursuant to Sections 16-105.17 and 16-108.18

14 of the Public Utilities Act or an ombudsman pursuant to

15 Section 16-107.5 of the Public Utilities Act, a

16 facilitator pursuant to Section 16-105.17 of the Public

17 Utilities Act, or a grid auditor pursuant to Section

18 16-105.10 of the Public Utilities Act.

19 (21) Procurement expenditures for the purchase,

20 renewal, and expansion of software, software licenses, or

21 software maintenance agreements that support the efforts

22 of the Illinois State Police to enforce, regulate, and

23 administer the Firearm Owners Identification Card Act, the

24 Firearm Concealed Carry Act, the Firearms Restraining

25 Order Act, the Firearm Dealer License Certification Act,

26 the Law Enforcement Agencies Data System (LEADS), the

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1 Uniform Crime Reporting Act, the Criminal Identification

2 Act, the Illinois Uniform Conviction Information Act, and

3 the Gun Trafficking Information Act, or establish or

4 maintain record management systems necessary to conduct

5 human trafficking investigations or gun trafficking or

6 other stolen firearm investigations. This paragraph (21)

7 applies to contracts entered into on or after January 10,

8 2023 (the effective date of Public Act 102-1116) and the

9 renewal of contracts that are in effect on January 10,

10 2023 (the effective date of Public Act 102-1116).

11 (22) Contracts for project management services and

12 system integration services required for the completion of

13 the State's enterprise resource planning project. This

14 exemption becomes inoperative 5 years after June 7, 2023

15 (the effective date of the changes made to this Section by

16 Public Act 103-8). This paragraph (22) applies to

17 contracts entered into on or after June 7, 2023 (the

18 effective date of the changes made to this Section by

19 Public Act 103-8) and the renewal of contracts that are in

20 effect on June 7, 2023 (the effective date of the changes

21 made to this Section by Public Act 103-8).

22 (23) Procurements necessary for the Department of

23 Insurance to implement the Illinois Health Benefits

24 Exchange Law if the Department of Insurance has made a

25 good faith determination that it is necessary and

26 appropriate for the expenditure to fall within this

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1 exemption. The procurement process shall be conducted in a

2 manner substantially in accordance with the requirements

3 of Sections 20-160 and 25-60 and Article 50 of this Code. A

4 copy of these contracts shall be made available to the

5 Chief Procurement Officer immediately upon request. This

6 paragraph is inoperative 5 years after June 27, 2023 (the

7 effective date of Public Act 103-103).

8 (24) Contracts for public education programming,

9 noncommercial sustaining announcements, public service

10 announcements, and public awareness and education

11 messaging with the nonprofit trade associations of the

12 providers of those services that inform the public on

13 immediate and ongoing health and safety risks and hazards.

14 (25) Procurements necessary for the Department of

15 Early Childhood to implement the Department of Early

16 Childhood Act if the Department has made a good faith

17 determination that it is necessary and appropriate for the

18 expenditure to fall within this exemption. This exemption

19 shall only be used for products and services procured

20 solely for use by the Department of Early Childhood. The

21 procurements may include those necessary to design and

22 build integrated, operational systems of programs and

23 services. The procurements may include, but are not

24 limited to, those necessary to align and update program

25 standards, integrate funding systems, design and establish

26 data and reporting systems, align and update models for

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1 technical assistance and professional development, design

2 systems to manage grants and ensure compliance, design and

3 implement management and operational structures, and

4 establish new means of engaging with families, educators,

5 providers, and stakeholders. The procurement processes

6 shall be conducted in a manner substantially in accordance

7 with the requirements of Article 50 (ethics) and Sections

8 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

9 and Inclusion), 20-80 (contract files), 20-120

10 (subcontractors), 20-155 (paperwork), 20-160

11 (ethics/campaign contribution prohibitions), 25-60

12 (prevailing wage), and 25-90 (prohibited and authorized

13 cybersecurity) of this Code. Beginning January 1, 2025,

14 the Department of Early Childhood shall provide a

15 quarterly report to the General Assembly detailing a list

16 of expenditures and contracts for which the Department

17 uses this exemption. This paragraph is inoperative on and

18 after July 1, 2027.

19 (26) Procurements that are necessary for increasing

20 the recruitment and retention of State employees,

21 particularly minority candidates for employment,

22 including:

23 (A) procurements related to registration fees for

24 job fairs and other outreach and recruitment events;

25 (B) production of recruitment materials; and

26 (C) other services related to recruitment and

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1 retention of State employees.

2 The exemption under this paragraph (26) applies only

3 if the State agency has made a good faith determination

4 that it is necessary and appropriate for the expenditure

5 to fall within this paragraph (26). The procurement

6 process under this paragraph (26) shall be conducted in a

7 manner substantially in accordance with the requirements

8 of Sections 20-160 and 25-60 and Article 50 of this Code. A

9 copy of these contracts shall be made available to the

10 Chief Procurement Officer immediately upon request.

11 Nothing in this paragraph (26) authorizes the replacement

12 or diminishment of State responsibilities in hiring or the

13 positions that effectuate that hiring. This paragraph (26)

14 is inoperative on and after June 30, 2029.

15 (27) Procurements necessary for the Department of

16 Healthcare and Family Services to implement changes to the

17 State's Integrated Eligibility System to ensure the

18 system's compliance with federal implementation mandates

19 and deadlines, if the Department of Healthcare and Family

20 Services has made a good faith determination that it is

21 necessary and appropriate for the procurement to fall

22 within this exemption.

23 Notwithstanding any other provision of law, for contracts

24 with an annual value of more than $100,000 entered into on or

25 after October 1, 2017 under an exemption provided in any

26 paragraph of this subsection (b), except paragraph (1), (2),

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1 or (5), each State agency shall post to the appropriate

2 procurement bulletin the name of the contractor, a description

3 of the supply or service provided, the total amount of the

4 contract, the term of the contract, and the exception to the

5 Code utilized. The chief procurement officer shall submit a

6 report to the Governor and General Assembly no later than

7 November 1 of each year that shall include, at a minimum, an

8 annual summary of the monthly information reported to the

9 chief procurement officer.

10 (c) This Code does not apply to the electric power

11 procurement process provided for under Section 1-75 of the

12 Illinois Power Agency Act and Section 16-111.5 of the Public

13 Utilities Act. This Code does not apply to the procurement of

14 technical and policy experts pursuant to Section 1-129 of the

15 Illinois Power Agency Act.

16 (d) Except for Section 20-160 and Article 50 of this Code,

17 and as expressly required by Section 9.1 of the Illinois

18 Lottery Law, the provisions of this Code do not apply to the

19 procurement process provided for under Section 9.1 of the

20 Illinois Lottery Law.

21 (e) This Code does not apply to the process used by the

22 Capital Development Board to retain a person or entity to

23 assist the Capital Development Board with its duties related

24 to the determination of costs of a clean coal SNG brownfield

25 facility, as defined by Section 1-10 of the Illinois Power

26 Agency Act, as required in subsection (h-3) of Section 9-220

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1 of the Public Utilities Act, including calculating the range

2 of capital costs, the range of operating and maintenance

3 costs, or the sequestration costs or monitoring the

4 construction of clean coal SNG brownfield facility for the

5 full duration of construction.

6 (f) (Blank).

7 (g) (Blank).

8 (h) This Code does not apply to the process to procure or

9 contracts entered into in accordance with Sections 11-5.2 and

10 11-5.3 of the Illinois Public Aid Code.

11 (i) Each chief procurement officer may access records

12 necessary to review whether a contract, purchase, or other

13 expenditure is or is not subject to the provisions of this

14 Code, unless such records would be subject to attorney-client

15 privilege.

16 (j) This Code does not apply to the process used by the

17 Capital Development Board to retain an artist or work or works

18 of art as required in Section 14 of the Capital Development

19 Board Act.

20 (k) This Code does not apply to the process to procure

21 contracts, or contracts entered into, by the State Board of

22 Elections or the State Electoral Board for hearing officers

23 appointed pursuant to the Election Code.

24 (l) This Code does not apply to the processes used by the

25 Illinois Student Assistance Commission to procure supplies and

26 services paid for from the private funds of the Illinois

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1 Prepaid Tuition Fund. As used in this subsection (l), "private

2 funds" means funds derived from deposits paid into the

3 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

4 (m) This Code shall apply regardless of the source of

5 funds with which contracts are paid, including federal

6 assistance moneys. Except as specifically provided in this

7 Code, this Code shall not apply to procurement expenditures

8 necessary for the Department of Public Health to conduct the

9 Healthy Illinois Survey in accordance with Section 2310-431 of

10 the Department of Public Health Powers and Duties Law of the

11 Civil Administrative Code of Illinois.

12 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;

13 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.

14 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,

15 eff. 6-16-25; 104-417, eff. 8-15-25)

16 (Text of Section after amendment by P.A. 104-458)

17 Sec. 1-10. Application.

18 (a) This Code applies only to procurements for which

19 bidders, offerors, potential contractors, or contractors were

20 first solicited on or after July 1, 1998. This Code shall not

21 be construed to affect or impair any contract, or any

22 provision of a contract, entered into based on a solicitation

23 prior to the implementation date of this Code as described in

24 Article 99, including, but not limited to, any covenant

25 entered into with respect to any revenue bonds or similar

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1 instruments. All procurements for which contracts are

2 solicited between the effective date of Articles 50 and 99 and

3 July 1, 1998 shall be substantially in accordance with this

4 Code and its intent.

5 (b) This Code shall apply regardless of the source of the

6 funds with which the contracts are paid, including federal

7 assistance moneys. This Code shall not apply to:

8 (1) Contracts between the State and its political

9 subdivisions or other governments, or between State

10 governmental bodies, except as specifically provided in

11 this Code.

12 (2) Grants, except for the filing requirements of

13 Section 20-80.

14 (3) Purchase of care, except as provided in Section

15 5-30.6 of the Illinois Public Aid Code and this Section.

16 (4) Hiring of an individual as an employee and not as

17 an independent contractor, whether pursuant to an

18 employment code or policy or by contract directly with

19 that individual.

20 (5) Collective bargaining contracts.

21 (6) Purchase of real estate, except that notice of

22 this type of contract with a value of more than $25,000

23 must be published in the Procurement Bulletin within 10

24 calendar days after the deed is recorded in the county of

25 jurisdiction. The notice shall identify the real estate

26 purchased, the names of all parties to the contract, the

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1 value of the contract, and the effective date of the

2 contract.

3 (7) Contracts necessary to prepare for anticipated

4 litigation, enforcement actions, or investigations,

5 provided that the chief legal counsel to the Governor

6 shall give his or her prior approval when the procuring

7 agency is one subject to the jurisdiction of the Governor,

8 and provided that the chief legal counsel of any other

9 procuring entity subject to this Code shall give his or

10 her prior approval when the procuring entity is not one

11 subject to the jurisdiction of the Governor.

12 (8) (Blank).

13 (9) Procurement expenditures by the Illinois

14 Conservation Foundation when only private funds are used.

15 (10) (Blank).

16 (11) Public-private agreements entered into according

17 to the procurement requirements of Section 20 of the

18 Public-Private Partnerships for Transportation Act and

19 design-build agreements entered into according to the

20 procurement requirements of Section 25 of the

21 Public-Private Partnerships for Transportation Act.

22 (12) (A) Contracts for legal, financial, and other

23 professional and artistic services entered into by the

24 Illinois Finance Authority in which the State of Illinois

25 is not obligated. Such contracts shall be awarded through

26 a competitive process authorized by the members of the

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1 Illinois Finance Authority and are subject to Sections

2 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

3 as well as the final approval by the members of the

4 Illinois Finance Authority of the terms of the contract.

5 (B) Contracts for legal and financial services entered

6 into by the Illinois Housing Development Authority in

7 connection with the issuance of bonds in which the State

8 of Illinois is not obligated. Such contracts shall be

9 awarded through a competitive process authorized by the

10 members of the Illinois Housing Development Authority and

11 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

12 and 50-37 of this Code, as well as the final approval by

13 the members of the Illinois Housing Development Authority

14 of the terms of the contract.

15 (13) Contracts for services, commodities, and

16 equipment to support the delivery of timely forensic

17 science services in consultation with and subject to the

18 approval of the Chief Procurement Officer as provided in

19 subsection (d) of Section 5-4-3a of the Unified Code of

20 Corrections, except for the requirements of Sections

21 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

22 Code; however, the Chief Procurement Officer may, in

23 writing with justification, waive any certification

24 required under Article 50 of this Code. For any contracts

25 for services which are currently provided by members of a

26 collective bargaining agreement, the applicable terms of

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1 the collective bargaining agreement concerning

2 subcontracting shall be followed.

3 On and after January 1, 2019, this paragraph (13),

4 except for this sentence, is inoperative.

5 (14) Contracts for participation expenditures required

6 by a domestic or international trade show or exhibition of

7 an exhibitor, member, or sponsor.

8 (15) Contracts with a railroad or utility that

9 requires the State to reimburse the railroad or utilities

10 for the relocation of utilities for construction or other

11 public purpose. Contracts included within this paragraph

12 (15) shall include, but not be limited to, those

13 associated with: relocations, crossings, installations,

14 and maintenance. For the purposes of this paragraph (15),

15 "railroad" means any form of non-highway ground

16 transportation that runs on rails or electromagnetic

17 guideways and "utility" means: (1) public utilities as

18 defined in Section 3-105 of the Public Utilities Act, (2)

19 telecommunications carriers as defined in Section 13-202

20 of the Public Utilities Act, (3) electric cooperatives as

21 defined in Section 3.4 of the Electric Supplier Act, (4)

22 telephone or telecommunications cooperatives as defined in

23 Section 13-212 of the Public Utilities Act, (5) rural

24 water or wastewater ~~waste water~~ systems with 10,000

25 connections or less, (6) a holder as defined in Section

26 21-201 of the Public Utilities Act, and (7) municipalities

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1 owning or operating utility systems consisting of public

2 utilities as that term is defined in Section 11-117-2 of

3 the Illinois Municipal Code.

4 (16) Procurement expenditures necessary for the

5 Department of Public Health to provide the delivery of

6 timely newborn screening services in accordance with the

7 Newborn Metabolic Screening Act.

8 (17) Procurement expenditures necessary for the

9 Department of Agriculture, the Department of Financial and

10 Professional Regulation, the Department of Human Services,

11 and the Department of Public Health to implement the

12 Compassionate Use of Medical Cannabis Program and Opioid

13 Alternative Pilot Program requirements and ensure access

14 to medical cannabis for patients with debilitating medical

15 conditions in accordance with the Compassionate Use of

16 Medical Cannabis Program Act.

17 (18) This Code does not apply to any procurements

18 necessary for the Department of Agriculture or ~~,~~ the

19 Department of Financial and Professional Regulation~~, the~~

20 ~~Department of Human Services, the Department of Commerce~~

21 ~~and Economic Opportunity, and the Department of Public~~

22 ~~Health~~ to implement the Cannabis Regulation and Tax Act

23 and for the Department of Agriculture to implement the

24 Illinois Hemp Act if the applicable agency has made a good

25 faith determination that it is necessary and appropriate

26 for the expenditure to fall within this exemption and if

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1 the process is conducted in a manner substantially in

2 accordance with the requirements of Sections 20-160,

3 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,

4 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of

5 this Code; however, for Section 50-35, compliance applies

6 only to contracts or subcontracts over $100,000. Notice of

7 each contract entered into under this paragraph (18) that

8 is related to the procurement of goods and services

9 identified in paragraph (1) through (9) of this subsection

10 shall be published in the Procurement Bulletin within 14

11 calendar days after contract execution. The Chief

12 Procurement Officer shall prescribe the form and content

13 of the notice. Each agency shall provide the Chief

14 Procurement Officer, on a monthly basis, in the form and

15 content prescribed by the Chief Procurement Officer, a

16 report of contracts that are related to the procurement of

17 goods and services identified in this subsection. At a

18 minimum, this report shall include the name of the

19 contractor, a description of the supply or service

20 provided, the total amount of the contract, the term of

21 the contract, and the exception to this Code utilized. A

22 copy of any or all of these contracts shall be made

23 available to the Chief Procurement Officer immediately

24 upon request. The Chief Procurement Officer shall submit a

25 report to the Governor and General Assembly no later than

26 November 1 of each year that includes, at a minimum, an

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1 annual summary of the monthly information reported to the

2 Chief Procurement Officer. This exemption becomes

3 inoperative 10 ~~5~~ years after June 25, 2019 (the effective

4 date of Public Act 101-27).

5 (19) Acquisition of modifications or adjustments,

6 limited to assistive technology devices and assistive

7 technology services, adaptive equipment, repairs, and

8 replacement parts to provide reasonable accommodations (i)

9 that enable a qualified applicant with a disability to

10 complete the job application process and be considered for

11 the position such qualified applicant desires, (ii) that

12 modify or adjust the work environment to enable a

13 qualified current employee with a disability to perform

14 the essential functions of the position held by that

15 employee, (iii) to enable a qualified current employee

16 with a disability to enjoy equal benefits and privileges

17 of employment as are enjoyed by other similarly situated

18 employees without disabilities, and (iv) that allow a

19 customer, client, claimant, or member of the public

20 seeking State services full use and enjoyment of and

21 access to its programs, services, or benefits.

22 For purposes of this paragraph (19):

23 "Assistive technology devices" means any item, piece

24 of equipment, or product system, whether acquired

25 commercially off the shelf, modified, or customized, that

26 is used to increase, maintain, or improve functional

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1 capabilities of individuals with disabilities.

2 "Assistive technology services" means any service that

3 directly assists an individual with a disability in

4 selection, acquisition, or use of an assistive technology

5 device.

6 "Qualified" has the same meaning and use as provided

7 under the federal Americans with Disabilities Act when

8 describing an individual with a disability.

9 (20) Procurement expenditures necessary for the

10 Illinois Commerce Commission to hire third-party

11 facilitators pursuant to Sections 16-105.17 and 16-108.18

12 of the Public Utilities Act or an ombudsman pursuant to

13 Section 16-107.5 of the Public Utilities Act, a

14 facilitator pursuant to Section 16-105.17 of the Public

15 Utilities Act, a grid auditor pursuant to Section

16 16-105.10 of the Public Utilities Act, a facilitator,

17 expert, or consultant pursuant to Sections 16-126.2 and

18 16-202 of the Public Utilities Act, a procurement monitor

19 pursuant to Section 16-111.5 of the Public Utilities Act,

20 an ombudsperson pursuant to Section 20-145 of the Public

21 Utilities Act, or consultants and experts pursuant to

22 Section 5-15 of the Utility Data Access Act.

23 (21) Procurement expenditures for the purchase,

24 renewal, and expansion of software, software licenses, or

25 software maintenance agreements that support the efforts

26 of the Illinois State Police to enforce, regulate, and

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1 administer the Firearm Owners Identification Card Act, the

2 Firearm Concealed Carry Act, the Firearms Restraining

3 Order Act, the Firearm Dealer License Certification Act,

4 the Law Enforcement Agencies Data System (LEADS), the

5 Uniform Crime Reporting Act, the Criminal Identification

6 Act, the Illinois Uniform Conviction Information Act, and

7 the Gun Trafficking Information Act, or establish or

8 maintain record management systems necessary to conduct

9 human trafficking investigations or gun trafficking or

10 other stolen firearm investigations. This paragraph (21)

11 applies to contracts entered into on or after January 10,

12 2023 (the effective date of Public Act 102-1116) and the

13 renewal of contracts that are in effect on January 10,

14 2023 (the effective date of Public Act 102-1116).

15 (22) Contracts for project management services and

16 system integration services required for the completion of

17 the State's enterprise resource planning project. This

18 exemption becomes inoperative 5 years after June 7, 2023

19 (the effective date of the changes made to this Section by

20 Public Act 103-8). This paragraph (22) applies to

21 contracts entered into on or after June 7, 2023 (the

22 effective date of the changes made to this Section by

23 Public Act 103-8) and the renewal of contracts that are in

24 effect on June 7, 2023 (the effective date of the changes

25 made to this Section by Public Act 103-8).

26 (23) Procurements necessary for the Department of

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1 Insurance to implement the Illinois Health Benefits

2 Exchange Law if the Department of Insurance has made a

3 good faith determination that it is necessary and

4 appropriate for the expenditure to fall within this

5 exemption. The procurement process shall be conducted in a

6 manner substantially in accordance with the requirements

7 of Sections 20-160 and 25-60 and Article 50 of this Code. A

8 copy of these contracts shall be made available to the

9 Chief Procurement Officer immediately upon request. This

10 paragraph is inoperative 5 years after June 27, 2023 (the

11 effective date of Public Act 103-103).

12 (24) Contracts for public education programming,

13 noncommercial sustaining announcements, public service

14 announcements, and public awareness and education

15 messaging with the nonprofit trade associations of the

16 providers of those services that inform the public on

17 immediate and ongoing health and safety risks and hazards.

18 (25) Procurements necessary for the Department of

19 Early Childhood to implement the Department of Early

20 Childhood Act if the Department has made a good faith

21 determination that it is necessary and appropriate for the

22 expenditure to fall within this exemption. This exemption

23 shall only be used for products and services procured

24 solely for use by the Department of Early Childhood. The

25 procurements may include those necessary to design and

26 build integrated, operational systems of programs and

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1 services. The procurements may include, but are not

2 limited to, those necessary to align and update program

3 standards, integrate funding systems, design and establish

4 data and reporting systems, align and update models for

5 technical assistance and professional development, design

6 systems to manage grants and ensure compliance, design and

7 implement management and operational structures, and

8 establish new means of engaging with families, educators,

9 providers, and stakeholders. The procurement processes

10 shall be conducted in a manner substantially in accordance

11 with the requirements of Article 50 (ethics) and Sections

12 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

13 and Inclusion), 20-80 (contract files), 20-120

14 (subcontractors), 20-155 (paperwork), 20-160

15 (ethics/campaign contribution prohibitions), 25-60

16 (prevailing wage), and 25-90 (prohibited and authorized

17 cybersecurity) of this Code. Beginning January 1, 2025,

18 the Department of Early Childhood shall provide a

19 quarterly report to the General Assembly detailing a list

20 of expenditures and contracts for which the Department

21 uses this exemption. This paragraph is inoperative on and

22 after July 1, 2027.

23 (26) Procurements that are necessary for increasing

24 the recruitment and retention of State employees,

25 particularly minority candidates for employment,

26 including:

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1 (A) procurements related to registration fees for

2 job fairs and other outreach and recruitment events;

3 (B) production of recruitment materials; and

4 (C) other services related to recruitment and

5 retention of State employees.

6 The exemption under this paragraph (26) applies only

7 if the State agency has made a good faith determination

8 that it is necessary and appropriate for the expenditure

9 to fall within this paragraph (26). The procurement

10 process under this paragraph (26) shall be conducted in a

11 manner substantially in accordance with the requirements

12 of Sections 20-160 and 25-60 and Article 50 of this Code. A

13 copy of these contracts shall be made available to the

14 Chief Procurement Officer immediately upon request.

15 Nothing in this paragraph (26) authorizes the replacement

16 or diminishment of State responsibilities in hiring or the

17 positions that effectuate that hiring. This paragraph (26)

18 is inoperative on and after June 30, 2029.

19 (27) Procurements necessary for the Department of

20 Healthcare and Family Services to implement changes to the

21 State's Integrated Eligibility System to ensure the

22 system's compliance with federal implementation mandates

23 and deadlines, if the Department of Healthcare and Family

24 Services has made a good faith determination that it is

25 necessary and appropriate for the procurement to fall

26 within this exemption.

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1 Notwithstanding any other provision of law, for contracts

2 with an annual value of more than $100,000 entered into on or

3 after October 1, 2017 under an exemption provided in any

4 paragraph of this subsection (b), except paragraph (1), (2),

5 or (5), each State agency shall post to the appropriate

6 procurement bulletin the name of the contractor, a description

7 of the supply or service provided, the total amount of the

8 contract, the term of the contract, and the exception to the

9 Code utilized. The chief procurement officer shall submit a

10 report to the Governor and General Assembly no later than

11 November 1 of each year that shall include, at a minimum, an

12 annual summary of the monthly information reported to the

13 chief procurement officer.

14 (c) This Code does not apply to the electric power

15 procurement process provided for under Section 1-75 of the

16 Illinois Power Agency Act and Section 16-111.5 of the Public

17 Utilities Act. This Code does not apply to the procurement of

18 technical and policy experts pursuant to Section 1-129 of the

19 Illinois Power Agency Act.

20 (d) Except for Section 20-160 and Article 50 of this Code,

21 and as expressly required by Section 9.1 of the Illinois

22 Lottery Law, the provisions of this Code do not apply to the

23 procurement process provided for under Section 9.1 of the

24 Illinois Lottery Law.

25 (e) This Code does not apply to the process used by the

26 Capital Development Board to retain a person or entity to

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1 assist the Capital Development Board with its duties related

2 to the determination of costs of a clean coal SNG brownfield

3 facility, as defined by Section 1-10 of the Illinois Power

4 Agency Act, as required in subsection (h-3) of Section 9-220

5 of the Public Utilities Act, including calculating the range

6 of capital costs, the range of operating and maintenance

7 costs, or the sequestration costs or monitoring the

8 construction of clean coal SNG brownfield facility for the

9 full duration of construction.

10 (f) (Blank).

11 (g) (Blank).

12 (h) This Code does not apply to the process to procure or

13 contracts entered into in accordance with Sections 11-5.2 and

14 11-5.3 of the Illinois Public Aid Code.

15 (i) Each chief procurement officer may access records

16 necessary to review whether a contract, purchase, or other

17 expenditure is or is not subject to the provisions of this

18 Code, unless such records would be subject to attorney-client

19 privilege.

20 (j) This Code does not apply to the process used by the

21 Capital Development Board to retain an artist or work or works

22 of art as required in Section 14 of the Capital Development

23 Board Act.

24 (k) This Code does not apply to the process to procure

25 contracts, or contracts entered into, by the State Board of

26 Elections or the State Electoral Board for hearing officers

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1 appointed pursuant to the Election Code.

2 (l) This Code does not apply to the processes used by the

3 Illinois Student Assistance Commission to procure supplies and

4 services paid for from the private funds of the Illinois

5 Prepaid Tuition Fund. As used in this subsection (l), "private

6 funds" means funds derived from deposits paid into the

7 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

8 (m) This Code shall apply regardless of the source of

9 funds with which contracts are paid, including federal

10 assistance moneys. Except as specifically provided in this

11 Code, this Code shall not apply to procurement expenditures

12 necessary for the Department of Public Health to conduct the

13 Healthy Illinois Survey in accordance with Section 2310-431 of

14 the Department of Public Health Powers and Duties Law of the

15 Civil Administrative Code of Illinois.

16 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;

17 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.

18 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,

19 eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;

20 revised 1-12-26.)

21 Section 120. The Use Tax Act is amended by changing

22 Sections 3-5 and 3-10 as follows:

23 (35 ILCS 105/3-5)

24 Sec. 3-5. Exemptions. Use, which, on and after January 1,

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1 2025, includes use by a lessee, of the following tangible

2 personal property is exempt from the tax imposed by this Act:

3 (1) Personal property purchased from a corporation,

4 society, association, foundation, institution, or

5 organization, other than a limited liability company, that is

6 organized and operated as a not-for-profit service enterprise

7 for the benefit of persons 65 years of age or older if the

8 personal property was not purchased by the enterprise for the

9 purpose of resale by the enterprise.

10 (2) Personal property purchased by a not-for-profit

11 Illinois county fair association for use in conducting,

12 operating, or promoting the county fair.

13 (3) Personal property purchased by a not-for-profit arts

14 or cultural organization that establishes, by proof required

15 by the Department by rule, that it has received an exemption

16 under Section 501(c)(3) of the Internal Revenue Code and that

17 is organized and operated primarily for the presentation or

18 support of arts or cultural programming, activities, or

19 services. These organizations include, but are not limited to,

20 music and dramatic arts organizations such as symphony

21 orchestras and theatrical groups, arts and cultural service

22 organizations, local arts councils, visual arts organizations,

23 and media arts organizations. On and after July 1, 2001 (the

24 effective date of Public Act 92-35), however, an entity

25 otherwise eligible for this exemption shall not make tax-free

26 purchases unless it has an active identification number issued

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1 by the Department.

2 (4) Except as otherwise provided in this Act, personal

3 property purchased by a governmental body, by a corporation,

4 society, association, foundation, or institution organized and

5 operated exclusively for charitable, religious, or educational

6 purposes, or by a not-for-profit corporation, society,

7 association, foundation, institution, or organization that has

8 no compensated officers or employees and that is organized and

9 operated primarily for the recreation of persons 55 years of

10 age or older. A limited liability company may qualify for the

11 exemption under this paragraph only if the limited liability

12 company is organized and operated exclusively for educational

13 purposes. On and after July 1, 1987, however, no entity

14 otherwise eligible for this exemption shall make tax-free

15 purchases unless it has an active exemption identification

16 number issued by the Department.

17 (5) Until July 1, 2003, a passenger car that is a

18 replacement vehicle to the extent that the purchase price of

19 the car is subject to the Replacement Vehicle Tax.

20 (6) Until July 1, 2003 and beginning again on September 1,

21 2004 through August 30, 2014, graphic arts machinery and

22 equipment, including repair and replacement parts, both new

23 and used, and including that manufactured on special order,

24 certified by the purchaser to be used primarily for graphic

25 arts production, and including machinery and equipment

26 purchased for lease. Equipment includes chemicals or chemicals

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1 acting as catalysts but only if the chemicals or chemicals

2 acting as catalysts effect a direct and immediate change upon

3 a graphic arts product. Beginning on July 1, 2017, graphic

4 arts machinery and equipment is included in the manufacturing

5 and assembling machinery and equipment exemption under

6 paragraph (18).

7 (7) Farm chemicals.

8 (8) Legal tender, currency, medallions, or gold or silver

9 coinage issued by the State of Illinois, the government of the

10 United States of America, or the government of any foreign

11 country, and bullion.

12 (9) Personal property purchased from a teacher-sponsored

13 student organization affiliated with an elementary or

14 secondary school located in Illinois.

15 (10) A motor vehicle that is used for automobile renting,

16 as defined in the Automobile Renting Occupation and Use Tax

17 Act.

18 (11) Farm machinery and equipment, both new and used,

19 including that manufactured on special order, certified by the

20 purchaser to be used primarily for production agriculture or

21 State or federal agricultural programs, including individual

22 replacement parts for the machinery and equipment, including

23 machinery and equipment purchased for lease, and including

24 implements of husbandry defined in Section 1-130 of the

25 Illinois Vehicle Code, farm machinery and agricultural

26 chemical and fertilizer spreaders, and nurse wagons required

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1 to be registered under Section 3-809 of the Illinois Vehicle

2 Code, but excluding other motor vehicles required to be

3 registered under the Illinois Vehicle Code. Horticultural

4 polyhouses or hoop houses used for propagating, growing, or

5 overwintering plants shall be considered farm machinery and

6 equipment under this item (11). Agricultural chemical tender

7 tanks and dry boxes shall include units sold separately from a

8 motor vehicle required to be licensed and units sold mounted

9 on a motor vehicle required to be licensed if the selling price

10 of the tender is separately stated.

11 Farm machinery and equipment shall include precision

12 farming equipment that is installed or purchased to be

13 installed on farm machinery and equipment, including, but not

14 limited to, tractors, harvesters, sprayers, planters, seeders,

15 or spreaders. Precision farming equipment includes, but is not

16 limited to, soil testing sensors, computers, monitors,

17 software, global positioning and mapping systems, and other

18 such equipment.

19 Farm machinery and equipment also includes computers,

20 sensors, software, and related equipment used primarily in the

21 computer-assisted operation of production agriculture

22 facilities, equipment, and activities such as, but not limited

23 to, the collection, monitoring, and correlation of animal and

24 crop data for the purpose of formulating animal diets and

25 agricultural chemicals.

26 Beginning on January 1, 2024, farm machinery and equipment

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1 also includes electrical power generation equipment used

2 primarily for production agriculture.

3 This item (11) is exempt from the provisions of Section

4 3-90.

5 (12) Until June 30, 2013, fuel and petroleum products sold

6 to or used by an air common carrier, certified by the carrier

7 to be used for consumption, shipment, or storage in the

8 conduct of its business as an air common carrier, for a flight

9 destined for or returning from a location or locations outside

10 the United States without regard to previous or subsequent

11 domestic stopovers.

12 Beginning July 1, 2013, fuel and petroleum products sold

13 to or used by an air carrier, certified by the carrier to be

14 used for consumption, shipment, or storage in the conduct of

15 its business as an air common carrier, for a flight that (i) is

16 engaged in foreign trade or is engaged in trade between the

17 United States and any of its possessions and (ii) transports

18 at least one individual or package for hire from the city of

19 origination to the city of final destination on the same

20 aircraft, without regard to a change in the flight number of

21 that aircraft.

22 (13) Proceeds of mandatory service charges separately

23 stated on customers' bills for the purchase and consumption of

24 food and beverages purchased at retail from a retailer, to the

25 extent that the proceeds of the service charge are in fact

26 turned over as tips or as a substitute for tips to the

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1 employees who participate directly in preparing, serving,

2 hosting or cleaning up the food or beverage function with

3 respect to which the service charge is imposed.

4 (14) Until July 1, 2003, oil field exploration, drilling,

5 and production equipment, including (i) rigs and parts of

6 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

7 pipe and tubular goods, including casing and drill strings,

8 (iii) pumps and pump-jack units, (iv) storage tanks and flow

9 lines, (v) any individual replacement part for oil field

10 exploration, drilling, and production equipment, and (vi)

11 machinery and equipment purchased for lease; but excluding

12 motor vehicles required to be registered under the Illinois

13 Vehicle Code.

14 (15) Photoprocessing machinery and equipment, including

15 repair and replacement parts, both new and used, including

16 that manufactured on special order, certified by the purchaser

17 to be used primarily for photoprocessing, and including

18 photoprocessing machinery and equipment purchased for lease.

19 (16) Until July 1, 2028, coal and aggregate exploration,

20 mining, off-highway hauling, processing, maintenance, and

21 reclamation equipment, including replacement parts and

22 equipment, and including equipment purchased for lease, but

23 excluding motor vehicles required to be registered under the

24 Illinois Vehicle Code. The changes made to this Section by

25 Public Act 97-767 apply on and after July 1, 2003, but no claim

26 for credit or refund is allowed on or after August 16, 2013

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1 (the effective date of Public Act 98-456) for such taxes paid

2 during the period beginning July 1, 2003 and ending on August

3 16, 2013 (the effective date of Public Act 98-456).

4 (17) Until July 1, 2003, distillation machinery and

5 equipment, sold as a unit or kit, assembled or installed by the

6 retailer, certified by the user to be used only for the

7 production of ethyl alcohol that will be used for consumption

8 as motor fuel or as a component of motor fuel for the personal

9 use of the user, and not subject to sale or resale.

10 (18) Manufacturing and assembling machinery and equipment

11 used primarily in the process of manufacturing or assembling

12 tangible personal property for wholesale or retail sale or

13 lease, whether that sale or lease is made directly by the

14 manufacturer or by some other person, whether the materials

15 used in the process are owned by the manufacturer or some other

16 person, or whether that sale or lease is made apart from or as

17 an incident to the seller's engaging in the service occupation

18 of producing machines, tools, dies, jigs, patterns, gauges, or

19 other similar items of no commercial value on special order

20 for a particular purchaser. The exemption provided by this

21 paragraph (18) includes production related tangible personal

22 property, as defined in Section 3-50, purchased on or after

23 July 1, 2019. The exemption provided by this paragraph (18)

24 does not include machinery and equipment used in (i) the

25 generation of electricity for wholesale or retail sale; (ii)

26 the generation or treatment of natural or artificial gas for

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1 wholesale or retail sale that is delivered to customers

2 through pipes, pipelines, or mains; or (iii) the treatment of

3 water for wholesale or retail sale that is delivered to

4 customers through pipes, pipelines, or mains. The provisions

5 of Public Act 98-583 are declaratory of existing law as to the

6 meaning and scope of this exemption. Beginning on July 1,

7 2017, the exemption provided by this paragraph (18) includes,

8 but is not limited to, graphic arts machinery and equipment,

9 as defined in paragraph (6) of this Section.

10 (19) Personal property delivered to a purchaser or

11 purchaser's donee inside Illinois when the purchase order for

12 that personal property was received by a florist located

13 outside Illinois who has a florist located inside Illinois

14 deliver the personal property.

15 (20) Semen used for artificial insemination of livestock

16 for direct agricultural production.

17 (21) Horses, or interests in horses, registered with and

18 meeting the requirements of any of the Arabian Horse Club

19 Registry of America, Appaloosa Horse Club, American Quarter

20 Horse Association, United States Trotting Association, or

21 Jockey Club, as appropriate, used for purposes of breeding or

22 racing for prizes. This item (21) is exempt from the

23 provisions of Section 3-90, and the exemption provided for

24 under this item (21) applies for all periods beginning May 30,

25 1995, but no claim for credit or refund is allowed on or after

26 January 1, 2008 for such taxes paid during the period

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1 beginning May 30, 2000 and ending on January 1, 2008.

2 (22) Computers and communications equipment utilized for

3 any hospital purpose and equipment used in the diagnosis,

4 analysis, or treatment of hospital patients purchased by a

5 lessor who leases the equipment, under a lease of one year or

6 longer executed or in effect at the time the lessor would

7 otherwise be subject to the tax imposed by this Act, to a

8 hospital that has been issued an active tax exemption

9 identification number by the Department under Section 1g of

10 the Retailers' Occupation Tax Act. If the equipment is leased

11 in a manner that does not qualify for this exemption or is used

12 in any other non-exempt manner, the lessor shall be liable for

13 the tax imposed under this Act or the Service Use Tax Act, as

14 the case may be, based on the fair market value of the property

15 at the time the non-qualifying use occurs. No lessor shall

16 collect or attempt to collect an amount (however designated)

17 that purports to reimburse that lessor for the tax imposed by

18 this Act or the Service Use Tax Act, as the case may be, if the

19 tax has not been paid by the lessor. If a lessor improperly

20 collects any such amount from the lessee, the lessee shall

21 have a legal right to claim a refund of that amount from the

22 lessor. If, however, that amount is not refunded to the lessee

23 for any reason, the lessor is liable to pay that amount to the

24 Department.

25 (23) Personal property purchased by a lessor who leases

26 the property, under a lease of one year or longer executed or

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1 in effect at the time the lessor would otherwise be subject to

2 the tax imposed by this Act, to a governmental body that has

3 been issued an active sales tax exemption identification

4 number by the Department under Section 1g of the Retailers'

5 Occupation Tax Act. If the property is leased in a manner that

6 does not qualify for this exemption or used in any other

7 non-exempt manner, the lessor shall be liable for the tax

8 imposed under this Act or the Service Use Tax Act, as the case

9 may be, based on the fair market value of the property at the

10 time the non-qualifying use occurs. No lessor shall collect or

11 attempt to collect an amount (however designated) that

12 purports to reimburse that lessor for the tax imposed by this

13 Act or the Service Use Tax Act, as the case may be, if the tax

14 has not been paid by the lessor. If a lessor improperly

15 collects any such amount from the lessee, the lessee shall

16 have a legal right to claim a refund of that amount from the

17 lessor. If, however, that amount is not refunded to the lessee

18 for any reason, the lessor is liable to pay that amount to the

19 Department.

20 (24) Beginning with taxable years ending on or after

21 December 31, 1995 and ending with taxable years ending on or

22 before December 31, 2004, personal property that is donated

23 for disaster relief to be used in a State or federally declared

24 disaster area in Illinois or bordering Illinois by a

25 manufacturer or retailer that is registered in this State to a

26 corporation, society, association, foundation, or institution

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1 that has been issued a sales tax exemption identification

2 number by the Department that assists victims of the disaster

3 who reside within the declared disaster area.

4 (25) Beginning with taxable years ending on or after

5 December 31, 1995 and ending with taxable years ending on or

6 before December 31, 2004, personal property that is used in

7 the performance of infrastructure repairs in this State,

8 including, but not limited to, municipal roads and streets,

9 access roads, bridges, sidewalks, waste disposal systems,

10 water and sewer line extensions, water distribution and

11 purification facilities, storm water drainage and retention

12 facilities, and sewage treatment facilities, resulting from a

13 State or federally declared disaster in Illinois or bordering

14 Illinois when such repairs are initiated on facilities located

15 in the declared disaster area within 6 months after the

16 disaster.

17 (26) Beginning July 1, 1999, game or game birds purchased

18 at a "game breeding and hunting preserve area" as that term is

19 used in the Wildlife Code. This paragraph is exempt from the

20 provisions of Section 3-90.

21 (27) A motor vehicle, as that term is defined in Section

22 1-146 of the Illinois Vehicle Code, that is donated to a

23 corporation, limited liability company, society, association,

24 foundation, or institution that is determined by the

25 Department to be organized and operated exclusively for

26 educational purposes. For purposes of this exemption, "a

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1 corporation, limited liability company, society, association,

2 foundation, or institution organized and operated exclusively

3 for educational purposes" means all tax-supported public

4 schools, private schools that offer systematic instruction in

5 useful branches of learning by methods common to public

6 schools and that compare favorably in their scope and

7 intensity with the course of study presented in tax-supported

8 schools, and vocational or technical schools or institutes

9 organized and operated exclusively to provide a course of

10 study of not less than 6 weeks duration and designed to prepare

11 individuals to follow a trade or to pursue a manual,

12 technical, mechanical, industrial, business, or commercial

13 occupation.

14 (28) Beginning January 1, 2000, personal property,

15 including food, purchased through fundraising events for the

16 benefit of a public or private elementary or secondary school,

17 a group of those schools, or one or more school districts if

18 the events are sponsored by an entity recognized by the school

19 district that consists primarily of volunteers and includes

20 parents and teachers of the school children. This paragraph

21 does not apply to fundraising events (i) for the benefit of

22 private home instruction or (ii) for which the fundraising

23 entity purchases the personal property sold at the events from

24 another individual or entity that sold the property for the

25 purpose of resale by the fundraising entity and that profits

26 from the sale to the fundraising entity. This paragraph is

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1 exempt from the provisions of Section 3-90.

2 (29) Beginning January 1, 2000 and through December 31,

3 2001, new or used automatic vending machines that prepare and

4 serve hot food and beverages, including coffee, soup, and

5 other items, and replacement parts for these machines.

6 Beginning January 1, 2002 and through June 30, 2003, machines

7 and parts for machines used in commercial, coin-operated

8 amusement and vending business if a use or occupation tax is

9 paid on the gross receipts derived from the use of the

10 commercial, coin-operated amusement and vending machines. This

11 paragraph is exempt from the provisions of Section 3-90.

12 (30) Beginning January 1, 2001 and through June 30, 2016,

13 food for human consumption that is to be consumed off the

14 premises where it is sold (other than alcoholic beverages,

15 soft drinks, and food that has been prepared for immediate

16 consumption) and prescription and nonprescription medicines,

17 drugs, medical appliances, and insulin, urine testing

18 materials, syringes, and needles used by diabetics, for human

19 use, when purchased for use by a person receiving medical

20 assistance under Article V of the Illinois Public Aid Code who

21 resides in a licensed long-term care facility, as defined in

22 the Nursing Home Care Act, or in a licensed facility as defined

23 in the ID/DD Community Care Act, the MC/DD Act, or the

24 Specialized Mental Health Rehabilitation Act of 2013.

25 (31) Beginning on August 2, 2001 (the effective date of

26 Public Act 92-227), computers and communications equipment

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1 utilized for any hospital purpose and equipment used in the

2 diagnosis, analysis, or treatment of hospital patients

3 purchased by a lessor who leases the equipment, under a lease

4 of one year or longer executed or in effect at the time the

5 lessor would otherwise be subject to the tax imposed by this

6 Act, to a hospital that has been issued an active tax exemption

7 identification number by the Department under Section 1g of

8 the Retailers' Occupation Tax Act. If the equipment is leased

9 in a manner that does not qualify for this exemption or is used

10 in any other nonexempt manner, the lessor shall be liable for

11 the tax imposed under this Act or the Service Use Tax Act, as

12 the case may be, based on the fair market value of the property

13 at the time the nonqualifying use occurs. No lessor shall

14 collect or attempt to collect an amount (however designated)

15 that purports to reimburse that lessor for the tax imposed by

16 this Act or the Service Use Tax Act, as the case may be, if the

17 tax has not been paid by the lessor. If a lessor improperly

18 collects any such amount from the lessee, the lessee shall

19 have a legal right to claim a refund of that amount from the

20 lessor. If, however, that amount is not refunded to the lessee

21 for any reason, the lessor is liable to pay that amount to the

22 Department. This paragraph is exempt from the provisions of

23 Section 3-90.

24 (32) Beginning on August 2, 2001 (the effective date of

25 Public Act 92-227), personal property purchased by a lessor

26 who leases the property, under a lease of one year or longer

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1 executed or in effect at the time the lessor would otherwise be

2 subject to the tax imposed by this Act, to a governmental body

3 that has been issued an active sales tax exemption

4 identification number by the Department under Section 1g of

5 the Retailers' Occupation Tax Act. If the property is leased

6 in a manner that does not qualify for this exemption or used in

7 any other nonexempt manner, the lessor shall be liable for the

8 tax imposed under this Act or the Service Use Tax Act, as the

9 case may be, based on the fair market value of the property at

10 the time the nonqualifying use occurs. No lessor shall collect

11 or attempt to collect an amount (however designated) that

12 purports to reimburse that lessor for the tax imposed by this

13 Act or the Service Use Tax Act, as the case may be, if the tax

14 has not been paid by the lessor. If a lessor improperly

15 collects any such amount from the lessee, the lessee shall

16 have a legal right to claim a refund of that amount from the

17 lessor. If, however, that amount is not refunded to the lessee

18 for any reason, the lessor is liable to pay that amount to the

19 Department. This paragraph is exempt from the provisions of

20 Section 3-90.

21 (33) On and after July 1, 2003 and through June 30, 2004,

22 the use in this State of motor vehicles of the second division

23 with a gross vehicle weight in excess of 8,000 pounds and that

24 are subject to the commercial distribution fee imposed under

25 Section 3-815.1 of the Illinois Vehicle Code. Beginning on

26 July 1, 2004 and through June 30, 2005, the use in this State

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1 of motor vehicles of the second division: (i) with a gross

2 vehicle weight rating in excess of 8,000 pounds; (ii) that are

3 subject to the commercial distribution fee imposed under

4 Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

5 are primarily used for commercial purposes. Through June 30,

6 2005, this exemption applies to repair and replacement parts

7 added after the initial purchase of such a motor vehicle if

8 that motor vehicle is used in a manner that would qualify for

9 the rolling stock exemption otherwise provided for in this

10 Act. For purposes of this paragraph, the term "used for

11 commercial purposes" means the transportation of persons or

12 property in furtherance of any commercial or industrial

13 enterprise, whether for-hire or not.

14 (34) Beginning January 1, 2008, tangible personal property

15 used in the construction or maintenance of a community water

16 supply, as defined under Section 3.145 of the Environmental

17 Protection Act, that is operated by a not-for-profit

18 corporation that holds a valid water supply permit issued

19 under Title IV of the Environmental Protection Act. This

20 paragraph is exempt from the provisions of Section 3-90.

21 (35) Beginning January 1, 2010 and continuing through

22 December 31, 2029, materials, parts, equipment, components,

23 and furnishings incorporated into or upon an aircraft as part

24 of the modification, refurbishment, completion, replacement,

25 repair, or maintenance of the aircraft. This exemption

26 includes consumable supplies used in the modification,

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1 refurbishment, completion, replacement, repair, and

2 maintenance of aircraft. However, until January 1, 2024, this

3 exemption excludes any materials, parts, equipment,

4 components, and consumable supplies used in the modification,

5 replacement, repair, and maintenance of aircraft engines or

6 power plants, whether such engines or power plants are

7 installed or uninstalled upon any such aircraft. "Consumable

8 supplies" include, but are not limited to, adhesive, tape,

9 sandpaper, general purpose lubricants, cleaning solution,

10 latex gloves, and protective films.

11 Beginning January 1, 2010 and continuing through December

12 31, 2023, this exemption applies only to the use of qualifying

13 tangible personal property by persons who modify, refurbish,

14 complete, repair, replace, or maintain aircraft and who (i)

15 hold an Air Agency Certificate and are empowered to operate an

16 approved repair station by the Federal Aviation

17 Administration, (ii) have a Class IV Rating, and (iii) conduct

18 operations in accordance with Part 145 of the Federal Aviation

19 Regulations. From January 1, 2024 through December 31, 2029,

20 this exemption applies only to the use of qualifying tangible

21 personal property by: (A) persons who modify, refurbish,

22 complete, repair, replace, or maintain aircraft and who (i)

23 hold an Air Agency Certificate and are empowered to operate an

24 approved repair station by the Federal Aviation

25 Administration, (ii) have a Class IV Rating, and (iii) conduct

26 operations in accordance with Part 145 of the Federal Aviation

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1 Regulations; and (B) persons who engage in the modification,

2 replacement, repair, and maintenance of aircraft engines or

3 power plants without regard to whether or not those persons

4 meet the qualifications of item (A).

5 The exemption does not include aircraft operated by a

6 commercial air carrier providing scheduled passenger air

7 service pursuant to authority issued under Part 121 or Part

8 129 of the Federal Aviation Regulations. The changes made to

9 this paragraph (35) by Public Act 98-534 are declarative of

10 existing law. It is the intent of the General Assembly that the

11 exemption under this paragraph (35) applies continuously from

12 January 1, 2010 through December 31, 2024; however, no claim

13 for credit or refund is allowed for taxes paid as a result of

14 the disallowance of this exemption on or after January 1, 2015

15 and prior to February 5, 2020 (the effective date of Public Act

16 101-629).

17 (36) Tangible personal property purchased by a

18 public-facilities corporation, as described in Section

19 11-65-10 of the Illinois Municipal Code, for purposes of

20 constructing or furnishing a municipal convention hall, but

21 only if the legal title to the municipal convention hall is

22 transferred to the municipality without any further

23 consideration by or on behalf of the municipality at the time

24 of the completion of the municipal convention hall or upon the

25 retirement or redemption of any bonds or other debt

26 instruments issued by the public-facilities corporation in

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1 connection with the development of the municipal convention

2 hall. This exemption includes existing public-facilities

3 corporations as provided in Section 11-65-25 of the Illinois

4 Municipal Code. This paragraph is exempt from the provisions

5 of Section 3-90.

6 (37) Beginning January 1, 2017 and through December 31,

7 2026, menstrual pads, tampons, and menstrual cups.

8 (38) Merchandise that is subject to the Rental Purchase

9 Agreement Occupation and Use Tax. The purchaser must certify

10 that the item is purchased to be rented subject to a

11 rental-purchase agreement, as defined in the Rental-Purchase

12 Agreement Act, and provide proof of registration under the

13 Rental Purchase Agreement Occupation and Use Tax Act. This

14 paragraph is exempt from the provisions of Section 3-90.

15 (39) Tangible personal property purchased by a purchaser

16 who is exempt from the tax imposed by this Act by operation of

17 federal law. This paragraph is exempt from the provisions of

18 Section 3-90.

19 (40) Qualified tangible personal property used in the

20 construction or operation of a data center that has been

21 granted a certificate of exemption by the Department of

22 Commerce and Economic Opportunity, whether that tangible

23 personal property is purchased by the owner, operator, or

24 tenant of the data center or by a contractor or subcontractor

25 of the owner, operator, or tenant. Data centers that would

26 have qualified for a certificate of exemption prior to January

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1 1, 2020 had Public Act 101-31 been in effect may apply for and

2 obtain an exemption for subsequent purchases of computer

3 equipment or enabling software purchased or leased to upgrade,

4 supplement, or replace computer equipment or enabling software

5 purchased or leased in the original investment that would have

6 qualified.

7 The Department of Commerce and Economic Opportunity shall

8 grant a certificate of exemption under this item (40) to

9 qualified data centers as defined by Section 605-1025 of the

10 Department of Commerce and Economic Opportunity Law of the

11 Civil Administrative Code of Illinois.

12 For the purposes of this item (40):

13 "Data center" means a building or a series of

14 buildings rehabilitated or constructed to house working

15 servers in one physical location or multiple sites within

16 the State of Illinois.

17 "Qualified tangible personal property" means:

18 electrical systems and equipment; climate control and

19 chilling equipment and systems; mechanical systems and

20 equipment; monitoring and secure systems; emergency

21 generators; hardware; computers; servers; data storage

22 devices; network connectivity equipment; racks; cabinets;

23 telecommunications cabling infrastructure; raised floor

24 systems; peripheral components or systems; software;

25 mechanical, electrical, or plumbing systems; battery

26 systems; cooling systems and towers; temperature control

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1 systems; other cabling; and other data center

2 infrastructure equipment and systems necessary to operate

3 qualified tangible personal property, including fixtures;

4 and component parts of any of the foregoing, including

5 installation, maintenance, repair, refurbishment, and

6 replacement of qualified tangible personal property to

7 generate, transform, transmit, distribute, or manage

8 electricity necessary to operate qualified tangible

9 personal property; and all other tangible personal

10 property that is essential to the operations of a computer

11 data center. The term "qualified tangible personal

12 property" also includes building materials physically

13 incorporated into the qualifying data center. To document

14 the exemption allowed under this Section, the retailer

15 must obtain from the purchaser a copy of the certificate

16 of eligibility issued by the Department of Commerce and

17 Economic Opportunity.

18 This item (40) is exempt from the provisions of Section

19 3-90.

20 (41) Beginning July 1, 2022, breast pumps, breast pump

21 collection and storage supplies, and breast pump kits. This

22 item (41) is exempt from the provisions of Section 3-90. As

23 used in this item (41):

24 "Breast pump" means an electrically controlled or

25 manually controlled pump device designed or marketed to be

26 used to express milk from a human breast during lactation,

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1 including the pump device and any battery, AC adapter, or

2 other power supply unit that is used to power the pump

3 device and is packaged and sold with the pump device at the

4 time of sale.

5 "Breast pump collection and storage supplies" means

6 items of tangible personal property designed or marketed

7 to be used in conjunction with a breast pump to collect

8 milk expressed from a human breast and to store collected

9 milk until it is ready for consumption.

10 "Breast pump collection and storage supplies"

11 includes, but is not limited to: breast shields and breast

12 shield connectors; breast pump tubes and tubing adapters;

13 breast pump valves and membranes; backflow protectors and

14 backflow protector adaptors; bottles and bottle caps

15 specific to the operation of the breast pump; and breast

16 milk storage bags.

17 "Breast pump collection and storage supplies" does not

18 include: (1) bottles and bottle caps not specific to the

19 operation of the breast pump; (2) breast pump travel bags

20 and other similar carrying accessories, including ice

21 packs, labels, and other similar products; (3) breast pump

22 cleaning supplies; (4) nursing bras, bra pads, breast

23 shells, and other similar products; and (5) creams,

24 ointments, and other similar products that relieve

25 breastfeeding-related symptoms or conditions of the

26 breasts or nipples, unless sold as part of a breast pump

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1 kit that is pre-packaged by the breast pump manufacturer

2 or distributor.

3 "Breast pump kit" means a kit that: (1) contains no

4 more than a breast pump, breast pump collection and

5 storage supplies, a rechargeable battery for operating the

6 breast pump, a breastmilk cooler, bottle stands, ice

7 packs, and a breast pump carrying case; and (2) is

8 pre-packaged as a breast pump kit by the breast pump

9 manufacturer or distributor.

10 (42) Tangible personal property sold by or on behalf of

11 the State Treasurer pursuant to the Revised Uniform Unclaimed

12 Property Act. This item (42) is exempt from the provisions of

13 Section 3-90.

14 (43) Beginning on January 1, 2024, tangible personal

15 property purchased by an active duty member of the armed

16 forces of the United States who presents valid military

17 identification and purchases the property using a form of

18 payment where the federal government is the payor. The member

19 of the armed forces must complete, at the point of sale, a form

20 prescribed by the Department of Revenue documenting that the

21 transaction is eligible for the exemption under this

22 paragraph. Retailers must keep the form as documentation of

23 the exemption in their records for a period of not less than 6

24 years. "Armed forces of the United States" means the United

25 States Army, Navy, Air Force, Space Force, Marine Corps, or

26 Coast Guard. This paragraph is exempt from the provisions of

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1 Section 3-90.

2 (44) Beginning July 1, 2024, home-delivered meals provided

3 to Medicare or Medicaid recipients when payment is made by an

4 intermediary, such as a Medicare Administrative Contractor, a

5 Managed Care Organization, or a Medicare Advantage

6 Organization, pursuant to a government contract. This item

7 (44) is exempt from the provisions of Section 3-90.

8 (45) Beginning on January 1, 2026, as further defined in

9 Section 3-10, food for human consumption that is to be

10 consumed off the premises where it is sold (other than

11 alcoholic beverages, food consisting of or infused with adult

12 use cannabis, soft drinks, candy, ~~and~~ food that has been

13 prepared for immediate consumption, and, beginning on November

14 12, 2026, food that is a final consumer hemp cannabinoid

15 product as defined in the Illinois Hemp Act). This item (45) is

16 exempt from the provisions of Section 3-90.

17 (46) Use by the lessee of the following leased tangible

18 personal property:

19 (1) software transferred subject to a license that

20 meets the following requirements:

21 (A) it is evidenced by a written agreement signed

22 by the licensor and the customer;

23 (i) an electronic agreement in which the

24 customer accepts the license by means of an

25 electronic signature that is verifiable and can be

26 authenticated and is attached to or made part of

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1 the license will comply with this requirement;

2 (ii) a license agreement in which the customer

3 electronically accepts the terms by clicking "I

4 agree" does not comply with this requirement;

5 (B) it restricts the customer's duplication and

6 use of the software;

7 (C) it prohibits the customer from licensing,

8 sublicensing, or transferring the software to a third

9 party (except to a related party) without the

10 permission and continued control of the licensor;

11 (D) the licensor has a policy of providing another

12 copy at minimal or no charge if the customer loses or

13 damages the software, or of permitting the licensee to

14 make and keep an archival copy, and such policy is

15 either stated in the license agreement, supported by

16 the licensor's books and records, or supported by a

17 notarized statement made under penalties of perjury by

18 the licensor; and

19 (E) the customer must destroy or return all copies

20 of the software to the licensor at the end of the

21 license period; this provision is deemed to be met, in

22 the case of a perpetual license, without being set

23 forth in the license agreement; and

24 (2) property that is subject to a tax on lease

25 receipts imposed by a home rule unit of local government

26 if the ordinance imposing that tax was adopted prior to

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1 January 1, 2023.

2 (Source: P.A. 103-9, Article 5, Section 5-5, eff. 6-7-23;

3 103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff.

4 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

5 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

6 103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)

7 (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10

8 Sec. 3-10. Rate of tax. Unless otherwise provided in this

9 Section, the tax imposed by this Act is at the rate of 6.25% of

10 either the selling price or the fair market value, if any, of

11 the tangible personal property, which, on and after January 1,

12 2025, includes leases of tangible personal property. In all

13 cases where property functionally used or consumed is the same

14 as the property that was purchased at retail, then the tax is

15 imposed on the selling price of the property. In all cases

16 where property functionally used or consumed is a by-product

17 or waste product that has been refined, manufactured, or

18 produced from property purchased at retail, then the tax is

19 imposed on the lower of the fair market value, if any, of the

20 specific property so used in this State or on the selling price

21 of the property purchased at retail. For purposes of this

22 Section "fair market value" means the price at which property

23 would change hands between a willing buyer and a willing

24 seller, neither being under any compulsion to buy or sell and

25 both having reasonable knowledge of the relevant facts. The

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1 fair market value shall be established by Illinois sales by

2 the taxpayer of the same property as that functionally used or

3 consumed, or if there are no such sales by the taxpayer, then

4 comparable sales or purchases of property of like kind and

5 character in Illinois.

6 Beginning on July 1, 2000 and through December 31, 2000,

7 with respect to motor fuel, as defined in Section 1.1 of the

8 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

9 the Use Tax Act, the tax is imposed at the rate of 1.25%.

10 Beginning on August 6, 2010 through August 15, 2010, and

11 beginning again on August 5, 2022 through August 14, 2022,

12 with respect to sales tax holiday items as defined in Section

13 3-6 of this Act, the tax is imposed at the rate of 1.25%.

14 With respect to gasohol, the tax imposed by this Act

15 applies to (i) 70% of the proceeds of sales made on or after

16 January 1, 1990, and before July 1, 2003, (ii) 80% of the

17 proceeds of sales made on or after July 1, 2003 and on or

18 before July 1, 2017, (iii) 100% of the proceeds of sales made

19 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

20 the proceeds of sales made on or after January 1, 2024 and on

21 or before December 31, 2028, and (v) 100% of the proceeds of

22 sales made after December 31, 2028. If, at any time, however,

23 the tax under this Act on sales of gasohol is imposed at the

24 rate of 1.25%, then the tax imposed by this Act applies to 100%

25 of the proceeds of sales of gasohol made during that time.

26 With respect to mid-range ethanol blends, the tax imposed

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1 by this Act applies to (i) 80% of the proceeds of sales made on

2 or after January 1, 2024 and on or before December 31, 2028 and

3 (ii) 100% of the proceeds of sales made thereafter. If, at any

4 time, however, the tax under this Act on sales of mid-range

5 ethanol blends is imposed at the rate of 1.25%, then the tax

6 imposed by this Act applies to 100% of the proceeds of sales of

7 mid-range ethanol blends made during that time.

8 With respect to majority blended ethanol fuel, the tax

9 imposed by this Act does not apply to the proceeds of sales

10 made on or after July 1, 2003 and on or before December 31,

11 2028 but applies to 100% of the proceeds of sales made

12 thereafter.

13 With respect to biodiesel blends with no less than 1% and

14 no more than 10% biodiesel, the tax imposed by this Act applies

15 to (i) 80% of the proceeds of sales made on or after July 1,

16 2003 and on or before December 31, 2018 and (ii) 100% of the

17 proceeds of sales made after December 31, 2018 and before

18 January 1, 2024. On and after January 1, 2024 and on or before

19 December 31, 2030, the taxation of biodiesel, renewable

20 diesel, and biodiesel blends shall be as provided in Section

21 3-5.1. If, at any time, however, the tax under this Act on

22 sales of biodiesel blends with no less than 1% and no more than

23 10% biodiesel is imposed at the rate of 1.25%, then the tax

24 imposed by this Act applies to 100% of the proceeds of sales of

25 biodiesel blends with no less than 1% and no more than 10%

26 biodiesel made during that time.

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1 With respect to biodiesel and biodiesel blends with more

2 than 10% but no more than 99% biodiesel, the tax imposed by

3 this Act does not apply to the proceeds of sales made on or

4 after July 1, 2003 and on or before December 31, 2023. On and

5 after January 1, 2024 and on or before December 31, 2030, the

6 taxation of biodiesel, renewable diesel, and biodiesel blends

7 shall be as provided in Section 3-5.1.

8 Until July 1, 2022 and from July 1, 2023 through December

9 31, 2025, with respect to food for human consumption that is to

10 be consumed off the premises where it is sold (other than

11 alcoholic beverages, food consisting of or infused with adult

12 use cannabis, soft drinks, ~~and~~ food that has been prepared for

13 immediate consumption, and, beginning on November 12, 2026,

14 food that is a final consumer hemp cannabinoid product as

15 defined in the Illinois Hemp Act), the tax is imposed at the

16 rate of 1%. Beginning on July 1, 2022 and until July 1, 2023,

17 with respect to food for human consumption that is to be

18 consumed off the premises where it is sold (other than

19 alcoholic beverages, food consisting of or infused with adult

20 use cannabis, soft drinks, and food that has been prepared for

21 immediate consumption), the tax is imposed at the rate of 0%.

22 On and after January 1, 2026, food for human consumption that

23 is to be consumed off the premises where it is sold (other than

24 alcoholic beverages, food consisting of or infused with adult

25 use cannabis, soft drinks, candy, and food that has been

26 prepared for immediate consumption) is exempt from the tax

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1 imposed by this Act.

2 With respect to prescription and nonprescription

3 medicines, drugs, medical appliances, products classified as

4 Class III medical devices by the United States Food and Drug

5 Administration that are used for cancer treatment pursuant to

6 a prescription, as well as any accessories and components

7 related to those devices, modifications to a motor vehicle for

8 the purpose of rendering it usable by a person with a

9 disability, and insulin, blood sugar testing materials,

10 syringes, and needles used by human diabetics, the tax is

11 imposed at the rate of 1%. For the purposes of this Section,

12 until September 1, 2009: the term "soft drinks" means any

13 complete, finished, ready-to-use, non-alcoholic drink, whether

14 carbonated or not, including, but not limited to, soda water,

15 cola, fruit juice, vegetable juice, carbonated water, and all

16 other preparations commonly known as soft drinks of whatever

17 kind or description that are contained in any closed or sealed

18 bottle, can, carton, or container, regardless of size; but

19 "soft drinks" does not include coffee, tea, non-carbonated

20 water, infant formula, milk or milk products as defined in the

21 Grade A Pasteurized Milk and Milk Products Act, or drinks

22 containing 50% or more natural fruit or vegetable juice.

23 Notwithstanding any other provisions of this Act,

24 beginning September 1, 2009, "soft drinks" means non-alcoholic

25 beverages that contain natural or artificial sweeteners. "Soft

26 drinks" does not include beverages that contain milk or milk

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1 products, soy, rice or similar milk substitutes, or greater

2 than 50% of vegetable or fruit juice by volume.

3 Until August 1, 2009, and notwithstanding any other

4 provisions of this Act, "food for human consumption that is to

5 be consumed off the premises where it is sold" includes all

6 food sold through a vending machine, except soft drinks and

7 food products that are dispensed hot from a vending machine,

8 regardless of the location of the vending machine. Beginning

9 August 1, 2009, and notwithstanding any other provisions of

10 this Act, "food for human consumption that is to be consumed

11 off the premises where it is sold" includes all food sold

12 through a vending machine, except soft drinks, candy, and food

13 products that are dispensed hot from a vending machine,

14 regardless of the location of the vending machine.

15 Notwithstanding any other provisions of this Act,

16 beginning September 1, 2009, "food for human consumption that

17 is to be consumed off the premises where it is sold" does not

18 include candy. For purposes of this Section, "candy" means a

19 preparation of sugar, honey, or other natural or artificial

20 sweeteners in combination with chocolate, fruits, nuts or

21 other ingredients or flavorings in the form of bars, drops, or

22 pieces. "Candy" does not include any preparation that contains

23 flour or requires refrigeration.

24 Notwithstanding any other provisions of this Act,

25 beginning September 1, 2009, "nonprescription medicines and

26 drugs" does not include grooming and hygiene products. For

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1 purposes of this Section, "grooming and hygiene products"

2 includes, but is not limited to, soaps and cleaning solutions,

3 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

4 lotions and screens, unless those products are available by

5 prescription only, regardless of whether the products meet the

6 definition of "over-the-counter-drugs". For the purposes of

7 this paragraph, "over-the-counter-drug" means a drug for human

8 use that contains a label that identifies the product as a drug

9 as required by 21 CFR 201.66. The "over-the-counter-drug"

10 label includes:

11 (A) a "Drug Facts" panel; or

12 (B) a statement of the "active ingredient(s)" with a

13 list of those ingredients contained in the compound,

14 substance or preparation.

15 Beginning on January 1, 2014 (the effective date of Public

16 Act 98-122), "prescription and nonprescription medicines and

17 drugs" includes medical cannabis purchased from a registered

18 dispensing organization under the Compassionate Use of Medical

19 Cannabis Program Act.

20 Beginning 90 days after the effective date of this

21 amendatory Act of the 104th General Assembly, "prescription

22 and nonprescription medicines and drugs" includes cannabis or

23 cannabis-infused products purchased by a qualified patient,

24 provisional patient, designated caregiver, or Opioid

25 Alternative Patient Program participant as part of that

26 individual's adequate medical supply from any dispensary that

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1 has been issued a Medical Cannabis Dispensing Organization

2 license, as these terms are defined under the Cannabis

3 Regulation and Tax Act.

4 Beginning on the November 12, 2026, "prescription and

5 nonprescription medicines and drugs" does not include a final

6 consumer hemp cannabinoid product as defined in the Illinois

7 Hemp Act.

8 As used in this Section, "adult use cannabis" means

9 cannabis subject to tax under the Cannabis Cultivation

10 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

11 and does not include cannabis subject to tax under the

12 Compassionate Use of Medical Cannabis Program Act.

13 Beginning 90 days after the effective date of this

14 amendatory Act of the 104th General Assembly, as used in this

15 Section, "adult use cannabis" does not include cannabis or

16 cannabis-infused products purchased by a qualified patient,

17 provisional patient, designated caregiver, or Opioid

18 Alternative Patient Program participant as part of that

19 individual's adequate medical supply from any dispensary that

20 has been issued a Medical Cannabis Dispensing Organization

21 license.

22 If the property that is purchased at retail from a

23 retailer is acquired outside Illinois and used outside

24 Illinois before being brought to Illinois for use here and is

25 taxable under this Act, the "selling price" on which the tax is

26 computed shall be reduced by an amount that represents a

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1 reasonable allowance for depreciation for the period of prior

2 out-of-state use. No depreciation is allowed in cases where

3 the tax under this Act is imposed on lease receipts.

4 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

5 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.

6 8-15-25.)

7 Section 125. The Service Use Tax Act is amended by

8 changing Sections 3-5 and 3-10 as follows:

9 (35 ILCS 110/3-5)

10 Sec. 3-5. Exemptions. Use of the following tangible

11 personal property is exempt from the tax imposed by this Act:

12 (1) Personal property purchased from a corporation,

13 society, association, foundation, institution, or

14 organization, other than a limited liability company, that is

15 organized and operated as a not-for-profit service enterprise

16 for the benefit of persons 65 years of age or older if the

17 personal property was not purchased by the enterprise for the

18 purpose of resale by the enterprise.

19 (2) Personal property purchased by a non-profit Illinois

20 county fair association for use in conducting, operating, or

21 promoting the county fair.

22 (3) Personal property purchased by a not-for-profit arts

23 or cultural organization that establishes, by proof required

24 by the Department by rule, that it has received an exemption

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1 under Section 501(c)(3) of the Internal Revenue Code and that

2 is organized and operated primarily for the presentation or

3 support of arts or cultural programming, activities, or

4 services. These organizations include, but are not limited to,

5 music and dramatic arts organizations such as symphony

6 orchestras and theatrical groups, arts and cultural service

7 organizations, local arts councils, visual arts organizations,

8 and media arts organizations. On and after July 1, 2001 (the

9 effective date of Public Act 92-35), however, an entity

10 otherwise eligible for this exemption shall not make tax-free

11 purchases unless it has an active identification number issued

12 by the Department.

13 (4) Legal tender, currency, medallions, or gold or silver

14 coinage issued by the State of Illinois, the government of the

15 United States of America, or the government of any foreign

16 country, and bullion.

17 (5) Until July 1, 2003 and beginning again on September 1,

18 2004 through August 30, 2014, graphic arts machinery and

19 equipment, including repair and replacement parts, both new

20 and used, and including that manufactured on special order or

21 purchased for lease, certified by the purchaser to be used

22 primarily for graphic arts production. Equipment includes

23 chemicals or chemicals acting as catalysts but only if the

24 chemicals or chemicals acting as catalysts effect a direct and

25 immediate change upon a graphic arts product. Beginning on

26 July 1, 2017, graphic arts machinery and equipment is included

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1 in the manufacturing and assembling machinery and equipment

2 exemption under Section 2 of this Act.

3 (6) Personal property purchased from a teacher-sponsored

4 student organization affiliated with an elementary or

5 secondary school located in Illinois.

6 (7) Farm machinery and equipment, both new and used,

7 including that manufactured on special order, certified by the

8 purchaser to be used primarily for production agriculture or

9 State or federal agricultural programs, including individual

10 replacement parts for the machinery and equipment, including

11 machinery and equipment purchased for lease, and including

12 implements of husbandry defined in Section 1-130 of the

13 Illinois Vehicle Code, farm machinery and agricultural

14 chemical and fertilizer spreaders, and nurse wagons required

15 to be registered under Section 3-809 of the Illinois Vehicle

16 Code, but excluding other motor vehicles required to be

17 registered under the Illinois Vehicle Code. Horticultural

18 polyhouses or hoop houses used for propagating, growing, or

19 overwintering plants shall be considered farm machinery and

20 equipment under this item (7). Agricultural chemical tender

21 tanks and dry boxes shall include units sold separately from a

22 motor vehicle required to be licensed and units sold mounted

23 on a motor vehicle required to be licensed if the selling price

24 of the tender is separately stated.

25 Farm machinery and equipment shall include precision

26 farming equipment that is installed or purchased to be

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1 installed on farm machinery and equipment, including, but not

2 limited to, tractors, harvesters, sprayers, planters, seeders,

3 or spreaders. Precision farming equipment includes, but is not

4 limited to, soil testing sensors, computers, monitors,

5 software, global positioning and mapping systems, and other

6 such equipment.

7 Farm machinery and equipment also includes computers,

8 sensors, software, and related equipment used primarily in the

9 computer-assisted operation of production agriculture

10 facilities, equipment, and activities such as, but not limited

11 to, the collection, monitoring, and correlation of animal and

12 crop data for the purpose of formulating animal diets and

13 agricultural chemicals.

14 Beginning on January 1, 2024, farm machinery and equipment

15 also includes electrical power generation equipment used

16 primarily for production agriculture.

17 This item (7) is exempt from the provisions of Section

18 3-75.

19 (8) Until June 30, 2013, fuel and petroleum products sold

20 to or used by an air common carrier, certified by the carrier

21 to be used for consumption, shipment, or storage in the

22 conduct of its business as an air common carrier, for a flight

23 destined for or returning from a location or locations outside

24 the United States without regard to previous or subsequent

25 domestic stopovers.

26 Beginning July 1, 2013, fuel and petroleum products sold

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1 to or used by an air carrier, certified by the carrier to be

2 used for consumption, shipment, or storage in the conduct of

3 its business as an air common carrier, for a flight that (i) is

4 engaged in foreign trade or is engaged in trade between the

5 United States and any of its possessions and (ii) transports

6 at least one individual or package for hire from the city of

7 origination to the city of final destination on the same

8 aircraft, without regard to a change in the flight number of

9 that aircraft.

10 (9) Proceeds of mandatory service charges separately

11 stated on customers' bills for the purchase and consumption of

12 food and beverages acquired as an incident to the purchase of a

13 service from a serviceman, to the extent that the proceeds of

14 the service charge are in fact turned over as tips or as a

15 substitute for tips to the employees who participate directly

16 in preparing, serving, hosting or cleaning up the food or

17 beverage function with respect to which the service charge is

18 imposed.

19 (10) Until July 1, 2003, oil field exploration, drilling,

20 and production equipment, including (i) rigs and parts of

21 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

22 pipe and tubular goods, including casing and drill strings,

23 (iii) pumps and pump-jack units, (iv) storage tanks and flow

24 lines, (v) any individual replacement part for oil field

25 exploration, drilling, and production equipment, and (vi)

26 machinery and equipment purchased for lease; but excluding

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1 motor vehicles required to be registered under the Illinois

2 Vehicle Code.

3 (11) Proceeds from the sale of photoprocessing machinery

4 and equipment, including repair and replacement parts, both

5 new and used, including that manufactured on special order,

6 certified by the purchaser to be used primarily for

7 photoprocessing, and including photoprocessing machinery and

8 equipment purchased for lease.

9 (12) Until July 1, 2028, coal and aggregate exploration,

10 mining, off-highway hauling, processing, maintenance, and

11 reclamation equipment, including replacement parts and

12 equipment, and including equipment purchased for lease, but

13 excluding motor vehicles required to be registered under the

14 Illinois Vehicle Code. The changes made to this Section by

15 Public Act 97-767 apply on and after July 1, 2003, but no claim

16 for credit or refund is allowed on or after August 16, 2013

17 (the effective date of Public Act 98-456) for such taxes paid

18 during the period beginning July 1, 2003 and ending on August

19 16, 2013 (the effective date of Public Act 98-456).

20 (13) Semen used for artificial insemination of livestock

21 for direct agricultural production.

22 (14) Horses, or interests in horses, registered with and

23 meeting the requirements of any of the Arabian Horse Club

24 Registry of America, Appaloosa Horse Club, American Quarter

25 Horse Association, United States Trotting Association, or

26 Jockey Club, as appropriate, used for purposes of breeding or

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1 racing for prizes. This item (14) is exempt from the

2 provisions of Section 3-75, and the exemption provided for

3 under this item (14) applies for all periods beginning May 30,

4 1995, but no claim for credit or refund is allowed on or after

5 January 1, 2008 (the effective date of Public Act 95-88) for

6 such taxes paid during the period beginning May 30, 2000 and

7 ending on January 1, 2008 (the effective date of Public Act

8 95-88).

9 (15) Computers and communications equipment utilized for

10 any hospital purpose and equipment used in the diagnosis,

11 analysis, or treatment of hospital patients purchased by a

12 lessor who leases the equipment, under a lease of one year or

13 longer executed or in effect at the time the lessor would

14 otherwise be subject to the tax imposed by this Act, to a

15 hospital that has been issued an active tax exemption

16 identification number by the Department under Section 1g of

17 the Retailers' Occupation Tax Act. If the equipment is leased

18 in a manner that does not qualify for this exemption or is used

19 in any other non-exempt manner, the lessor shall be liable for

20 the tax imposed under this Act or the Use Tax Act, as the case

21 may be, based on the fair market value of the property at the

22 time the non-qualifying use occurs. No lessor shall collect or

23 attempt to collect an amount (however designated) that

24 purports to reimburse that lessor for the tax imposed by this

25 Act or the Use Tax Act, as the case may be, if the tax has not

26 been paid by the lessor. If a lessor improperly collects any

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1 such amount from the lessee, the lessee shall have a legal

2 right to claim a refund of that amount from the lessor. If,

3 however, that amount is not refunded to the lessee for any

4 reason, the lessor is liable to pay that amount to the

5 Department.

6 (16) Personal property purchased by a lessor who leases

7 the property, under a lease of one year or longer executed or

8 in effect at the time the lessor would otherwise be subject to

9 the tax imposed by this Act, to a governmental body that has

10 been issued an active tax exemption identification number by

11 the Department under Section 1g of the Retailers' Occupation

12 Tax Act. If the property is leased in a manner that does not

13 qualify for this exemption or is used in any other non-exempt

14 manner, the lessor shall be liable for the tax imposed under

15 this Act or the Use Tax Act, as the case may be, based on the

16 fair market value of the property at the time the

17 non-qualifying use occurs. No lessor shall collect or attempt

18 to collect an amount (however designated) that purports to

19 reimburse that lessor for the tax imposed by this Act or the

20 Use Tax Act, as the case may be, if the tax has not been paid

21 by the lessor. If a lessor improperly collects any such amount

22 from the lessee, the lessee shall have a legal right to claim a

23 refund of that amount from the lessor. If, however, that

24 amount is not refunded to the lessee for any reason, the lessor

25 is liable to pay that amount to the Department.

26 (17) Beginning with taxable years ending on or after

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1 December 31, 1995 and ending with taxable years ending on or

2 before December 31, 2004, personal property that is donated

3 for disaster relief to be used in a State or federally declared

4 disaster area in Illinois or bordering Illinois by a

5 manufacturer or retailer that is registered in this State to a

6 corporation, society, association, foundation, or institution

7 that has been issued a sales tax exemption identification

8 number by the Department that assists victims of the disaster

9 who reside within the declared disaster area.

10 (18) Beginning with taxable years ending on or after

11 December 31, 1995 and ending with taxable years ending on or

12 before December 31, 2004, personal property that is used in

13 the performance of infrastructure repairs in this State,

14 including, but not limited to, municipal roads and streets,

15 access roads, bridges, sidewalks, waste disposal systems,

16 water and sewer line extensions, water distribution and

17 purification facilities, storm water drainage and retention

18 facilities, and sewage treatment facilities, resulting from a

19 State or federally declared disaster in Illinois or bordering

20 Illinois when such repairs are initiated on facilities located

21 in the declared disaster area within 6 months after the

22 disaster.

23 (19) Beginning July 1, 1999, game or game birds purchased

24 at a "game breeding and hunting preserve area" as that term is

25 used in the Wildlife Code. This paragraph is exempt from the

26 provisions of Section 3-75.

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1 (20) A motor vehicle, as that term is defined in Section

2 1-146 of the Illinois Vehicle Code, that is donated to a

3 corporation, limited liability company, society, association,

4 foundation, or institution that is determined by the

5 Department to be organized and operated exclusively for

6 educational purposes. For purposes of this exemption, "a

7 corporation, limited liability company, society, association,

8 foundation, or institution organized and operated exclusively

9 for educational purposes" means all tax-supported public

10 schools, private schools that offer systematic instruction in

11 useful branches of learning by methods common to public

12 schools and that compare favorably in their scope and

13 intensity with the course of study presented in tax-supported

14 schools, and vocational or technical schools or institutes

15 organized and operated exclusively to provide a course of

16 study of not less than 6 weeks duration and designed to prepare

17 individuals to follow a trade or to pursue a manual,

18 technical, mechanical, industrial, business, or commercial

19 occupation.

20 (21) Beginning January 1, 2000, personal property,

21 including food, purchased through fundraising events for the

22 benefit of a public or private elementary or secondary school,

23 a group of those schools, or one or more school districts if

24 the events are sponsored by an entity recognized by the school

25 district that consists primarily of volunteers and includes

26 parents and teachers of the school children. This paragraph

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1 does not apply to fundraising events (i) for the benefit of

2 private home instruction or (ii) for which the fundraising

3 entity purchases the personal property sold at the events from

4 another individual or entity that sold the property for the

5 purpose of resale by the fundraising entity and that profits

6 from the sale to the fundraising entity. This paragraph is

7 exempt from the provisions of Section 3-75.

8 (22) Beginning January 1, 2000 and through December 31,

9 2001, new or used automatic vending machines that prepare and

10 serve hot food and beverages, including coffee, soup, and

11 other items, and replacement parts for these machines.

12 Beginning January 1, 2002 and through June 30, 2003, machines

13 and parts for machines used in commercial, coin-operated

14 amusement and vending business if a use or occupation tax is

15 paid on the gross receipts derived from the use of the

16 commercial, coin-operated amusement and vending machines. This

17 paragraph is exempt from the provisions of Section 3-75.

18 (23) Beginning August 23, 2001 and through June 30, 2016,

19 food for human consumption that is to be consumed off the

20 premises where it is sold (other than alcoholic beverages,

21 soft drinks, and food that has been prepared for immediate

22 consumption) and prescription and nonprescription medicines,

23 drugs, medical appliances, and insulin, urine testing

24 materials, syringes, and needles used by diabetics, for human

25 use, when purchased for use by a person receiving medical

26 assistance under Article V of the Illinois Public Aid Code who

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1 resides in a licensed long-term care facility, as defined in

2 the Nursing Home Care Act, or in a licensed facility as defined

3 in the ID/DD Community Care Act, the MC/DD Act, or the

4 Specialized Mental Health Rehabilitation Act of 2013.

5 (24) Beginning on August 2, 2001 (the effective date of

6 Public Act 92-227), computers and communications equipment

7 utilized for any hospital purpose and equipment used in the

8 diagnosis, analysis, or treatment of hospital patients

9 purchased by a lessor who leases the equipment, under a lease

10 of one year or longer executed or in effect at the time the

11 lessor would otherwise be subject to the tax imposed by this

12 Act, to a hospital that has been issued an active tax exemption

13 identification number by the Department under Section 1g of

14 the Retailers' Occupation Tax Act. If the equipment is leased

15 in a manner that does not qualify for this exemption or is used

16 in any other nonexempt manner, the lessor shall be liable for

17 the tax imposed under this Act or the Use Tax Act, as the case

18 may be, based on the fair market value of the property at the

19 time the nonqualifying use occurs. No lessor shall collect or

20 attempt to collect an amount (however designated) that

21 purports to reimburse that lessor for the tax imposed by this

22 Act or the Use Tax Act, as the case may be, if the tax has not

23 been paid by the lessor. If a lessor improperly collects any

24 such amount from the lessee, the lessee shall have a legal

25 right to claim a refund of that amount from the lessor. If,

26 however, that amount is not refunded to the lessee for any

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1 reason, the lessor is liable to pay that amount to the

2 Department. This paragraph is exempt from the provisions of

3 Section 3-75.

4 (25) Beginning on August 2, 2001 (the effective date of

5 Public Act 92-227), personal property purchased by a lessor

6 who leases the property, under a lease of one year or longer

7 executed or in effect at the time the lessor would otherwise be

8 subject to the tax imposed by this Act, to a governmental body

9 that has been issued an active tax exemption identification

10 number by the Department under Section 1g of the Retailers'

11 Occupation Tax Act. If the property is leased in a manner that

12 does not qualify for this exemption or is used in any other

13 nonexempt manner, the lessor shall be liable for the tax

14 imposed under this Act or the Use Tax Act, as the case may be,

15 based on the fair market value of the property at the time the

16 nonqualifying use occurs. No lessor shall collect or attempt

17 to collect an amount (however designated) that purports to

18 reimburse that lessor for the tax imposed by this Act or the

19 Use Tax Act, as the case may be, if the tax has not been paid

20 by the lessor. If a lessor improperly collects any such amount

21 from the lessee, the lessee shall have a legal right to claim a

22 refund of that amount from the lessor. If, however, that

23 amount is not refunded to the lessee for any reason, the lessor

24 is liable to pay that amount to the Department. This paragraph

25 is exempt from the provisions of Section 3-75.

26 (26) Beginning January 1, 2008, tangible personal property

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1 used in the construction or maintenance of a community water

2 supply, as defined under Section 3.145 of the Environmental

3 Protection Act, that is operated by a not-for-profit

4 corporation that holds a valid water supply permit issued

5 under Title IV of the Environmental Protection Act. This

6 paragraph is exempt from the provisions of Section 3-75.

7 (27) Beginning January 1, 2010 and continuing through

8 December 31, 2029, materials, parts, equipment, components,

9 and furnishings incorporated into or upon an aircraft as part

10 of the modification, refurbishment, completion, replacement,

11 repair, or maintenance of the aircraft. This exemption

12 includes consumable supplies used in the modification,

13 refurbishment, completion, replacement, repair, and

14 maintenance of aircraft. However, until January 1, 2024, this

15 exemption excludes any materials, parts, equipment,

16 components, and consumable supplies used in the modification,

17 replacement, repair, and maintenance of aircraft engines or

18 power plants, whether such engines or power plants are

19 installed or uninstalled upon any such aircraft. "Consumable

20 supplies" include, but are not limited to, adhesive, tape,

21 sandpaper, general purpose lubricants, cleaning solution,

22 latex gloves, and protective films.

23 Beginning January 1, 2010 and continuing through December

24 31, 2023, this exemption applies only to the use of qualifying

25 tangible personal property transferred incident to the

26 modification, refurbishment, completion, replacement, repair,

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1 or maintenance of aircraft by persons who (i) hold an Air

2 Agency Certificate and are empowered to operate an approved

3 repair station by the Federal Aviation Administration, (ii)

4 have a Class IV Rating, and (iii) conduct operations in

5 accordance with Part 145 of the Federal Aviation Regulations.

6 From January 1, 2024 through December 31, 2029, this exemption

7 applies only to the use of qualifying tangible personal

8 property transferred incident to: (A) the modification,

9 refurbishment, completion, repair, replacement, or maintenance

10 of an aircraft by persons who (i) hold an Air Agency

11 Certificate and are empowered to operate an approved repair

12 station by the Federal Aviation Administration, (ii) have a

13 Class IV Rating, and (iii) conduct operations in accordance

14 with Part 145 of the Federal Aviation Regulations; and (B) the

15 modification, replacement, repair, and maintenance of aircraft

16 engines or power plants without regard to whether or not those

17 persons meet the qualifications of item (A).

18 The exemption does not include aircraft operated by a

19 commercial air carrier providing scheduled passenger air

20 service pursuant to authority issued under Part 121 or Part

21 129 of the Federal Aviation Regulations. The changes made to

22 this paragraph (27) by Public Act 98-534 are declarative of

23 existing law. It is the intent of the General Assembly that the

24 exemption under this paragraph (27) applies continuously from

25 January 1, 2010 through December 31, 2024; however, no claim

26 for credit or refund is allowed for taxes paid as a result of

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1 the disallowance of this exemption on or after January 1, 2015

2 and prior to February 5, 2020 (the effective date of Public Act

3 101-629).

4 (28) Tangible personal property purchased by a

5 public-facilities corporation, as described in Section

6 11-65-10 of the Illinois Municipal Code, for purposes of

7 constructing or furnishing a municipal convention hall, but

8 only if the legal title to the municipal convention hall is

9 transferred to the municipality without any further

10 consideration by or on behalf of the municipality at the time

11 of the completion of the municipal convention hall or upon the

12 retirement or redemption of any bonds or other debt

13 instruments issued by the public-facilities corporation in

14 connection with the development of the municipal convention

15 hall. This exemption includes existing public-facilities

16 corporations as provided in Section 11-65-25 of the Illinois

17 Municipal Code. This paragraph is exempt from the provisions

18 of Section 3-75.

19 (29) Beginning January 1, 2017 and through December 31,

20 2026, menstrual pads, tampons, and menstrual cups.

21 (30) Tangible personal property transferred to a purchaser

22 who is exempt from the tax imposed by this Act by operation of

23 federal law. This paragraph is exempt from the provisions of

24 Section 3-75.

25 (31) Qualified tangible personal property used in the

26 construction or operation of a data center that has been

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1 granted a certificate of exemption by the Department of

2 Commerce and Economic Opportunity, whether that tangible

3 personal property is purchased by the owner, operator, or

4 tenant of the data center or by a contractor or subcontractor

5 of the owner, operator, or tenant. Data centers that would

6 have qualified for a certificate of exemption prior to January

7 1, 2020 had Public Act 101-31 been in effect, may apply for and

8 obtain an exemption for subsequent purchases of computer

9 equipment or enabling software purchased or leased to upgrade,

10 supplement, or replace computer equipment or enabling software

11 purchased or leased in the original investment that would have

12 qualified.

13 The Department of Commerce and Economic Opportunity shall

14 grant a certificate of exemption under this item (31) to

15 qualified data centers as defined by Section 605-1025 of the

16 Department of Commerce and Economic Opportunity Law of the

17 Civil Administrative Code of Illinois.

18 For the purposes of this item (31):

19 "Data center" means a building or a series of

20 buildings rehabilitated or constructed to house working

21 servers in one physical location or multiple sites within

22 the State of Illinois.

23 "Qualified tangible personal property" means:

24 electrical systems and equipment; climate control and

25 chilling equipment and systems; mechanical systems and

26 equipment; monitoring and secure systems; emergency

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1 generators; hardware; computers; servers; data storage

2 devices; network connectivity equipment; racks; cabinets;

3 telecommunications cabling infrastructure; raised floor

4 systems; peripheral components or systems; software;

5 mechanical, electrical, or plumbing systems; battery

6 systems; cooling systems and towers; temperature control

7 systems; other cabling; and other data center

8 infrastructure equipment and systems necessary to operate

9 qualified tangible personal property, including fixtures;

10 and component parts of any of the foregoing, including

11 installation, maintenance, repair, refurbishment, and

12 replacement of qualified tangible personal property to

13 generate, transform, transmit, distribute, or manage

14 electricity necessary to operate qualified tangible

15 personal property; and all other tangible personal

16 property that is essential to the operations of a computer

17 data center. The term "qualified tangible personal

18 property" also includes building materials physically

19 incorporated into the qualifying data center. To document

20 the exemption allowed under this Section, the retailer

21 must obtain from the purchaser a copy of the certificate

22 of eligibility issued by the Department of Commerce and

23 Economic Opportunity.

24 This item (31) is exempt from the provisions of Section

25 3-75.

26 (32) Beginning July 1, 2022, breast pumps, breast pump

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1 collection and storage supplies, and breast pump kits. This

2 item (32) is exempt from the provisions of Section 3-75. As

3 used in this item (32):

4 "Breast pump" means an electrically controlled or

5 manually controlled pump device designed or marketed to be

6 used to express milk from a human breast during lactation,

7 including the pump device and any battery, AC adapter, or

8 other power supply unit that is used to power the pump

9 device and is packaged and sold with the pump device at the

10 time of sale.

11 "Breast pump collection and storage supplies" means

12 items of tangible personal property designed or marketed

13 to be used in conjunction with a breast pump to collect

14 milk expressed from a human breast and to store collected

15 milk until it is ready for consumption.

16 "Breast pump collection and storage supplies"

17 includes, but is not limited to: breast shields and breast

18 shield connectors; breast pump tubes and tubing adapters;

19 breast pump valves and membranes; backflow protectors and

20 backflow protector adaptors; bottles and bottle caps

21 specific to the operation of the breast pump; and breast

22 milk storage bags.

23 "Breast pump collection and storage supplies" does not

24 include: (1) bottles and bottle caps not specific to the

25 operation of the breast pump; (2) breast pump travel bags

26 and other similar carrying accessories, including ice

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1 packs, labels, and other similar products; (3) breast pump

2 cleaning supplies; (4) nursing bras, bra pads, breast

3 shells, and other similar products; and (5) creams,

4 ointments, and other similar products that relieve

5 breastfeeding-related symptoms or conditions of the

6 breasts or nipples, unless sold as part of a breast pump

7 kit that is pre-packaged by the breast pump manufacturer

8 or distributor.

9 "Breast pump kit" means a kit that: (1) contains no

10 more than a breast pump, breast pump collection and

11 storage supplies, a rechargeable battery for operating the

12 breast pump, a breastmilk cooler, bottle stands, ice

13 packs, and a breast pump carrying case; and (2) is

14 pre-packaged as a breast pump kit by the breast pump

15 manufacturer or distributor.

16 (33) Tangible personal property sold by or on behalf of

17 the State Treasurer pursuant to the Revised Uniform Unclaimed

18 Property Act. This item (33) is exempt from the provisions of

19 Section 3-75.

20 (34) Beginning on January 1, 2024, tangible personal

21 property purchased by an active duty member of the armed

22 forces of the United States who presents valid military

23 identification and purchases the property using a form of

24 payment where the federal government is the payor. The member

25 of the armed forces must complete, at the point of sale, a form

26 prescribed by the Department of Revenue documenting that the

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1 transaction is eligible for the exemption under this

2 paragraph. Retailers must keep the form as documentation of

3 the exemption in their records for a period of not less than 6

4 years. "Armed forces of the United States" means the United

5 States Army, Navy, Air Force, Space Force, Marine Corps, or

6 Coast Guard. This paragraph is exempt from the provisions of

7 Section 3-75.

8 (35) Beginning July 1, 2024, home-delivered meals provided

9 to Medicare or Medicaid recipients when payment is made by an

10 intermediary, such as a Medicare Administrative Contractor, a

11 Managed Care Organization, or a Medicare Advantage

12 Organization, pursuant to a government contract. This

13 paragraph (35) is exempt from the provisions of Section 3-75.

14 (36) Beginning on January 1, 2026, as further defined in

15 Section 3-10, food prepared for immediate consumption and

16 transferred incident to a sale of service subject to this Act

17 or the Service Occupation Tax Act by an entity licensed under

18 the Hospital Licensing Act, the Nursing Home Care Act, the

19 Assisted Living and Shared Housing Act, the ID/DD Community

20 Care Act, the MC/DD Act, the Specialized Mental Health

21 Rehabilitation Act of 2013, or the Child Care Act of 1969 or by

22 an entity that holds a permit issued pursuant to the Life Care

23 Facilities Act. This item (36) is exempt from the provisions

24 of Section 3-75.

25 (37) Beginning on January 1, 2026, as further defined in

26 Section 3-10, food for human consumption that is to be

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1 consumed off the premises where it is sold (other than

2 alcoholic beverages, food consisting of or infused with adult

3 use cannabis, soft drinks, candy, ~~and~~ food that has been

4 prepared for immediate consumption, and, beginning on November

5 12, 2026, food that is a final consumer hemp cannabinoid

6 product as defined in the Illinois Hemp Act). This item (37) is

7 exempt from the provisions of Section 3-75.

8 (38) Use by a lessee of the following leased tangible

9 personal property:

10 (1) software transferred subject to a license that

11 meets the following requirements:

12 (A) it is evidenced by a written agreement signed

13 by the licensor and the customer;

14 (i) an electronic agreement in which the

15 customer accepts the license by means of an

16 electronic signature that is verifiable and can be

17 authenticated and is attached to or made part of

18 the license will comply with this requirement;

19 (ii) a license agreement in which the customer

20 electronically accepts the terms by clicking "I

21 agree" does not comply with this requirement;

22 (B) it restricts the customer's duplication and

23 use of the software;

24 (C) it prohibits the customer from licensing,

25 sublicensing, or transferring the software to a third

26 party (except to a related party) without the

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1 permission and continued control of the licensor;

2 (D) the licensor has a policy of providing another

3 copy at minimal or no charge if the customer loses or

4 damages the software, or of permitting the licensee to

5 make and keep an archival copy, and such policy is

6 either stated in the license agreement, supported by

7 the licensor's books and records, or supported by a

8 notarized statement made under penalties of perjury by

9 the licensor; and

10 (E) the customer must destroy or return all copies

11 of the software to the licensor at the end of the

12 license period; this provision is deemed to be met, in

13 the case of a perpetual license, without being set

14 forth in the license agreement; and

15 (2) property that is subject to a tax on lease

16 receipts imposed by a home rule unit of local government

17 if the ordinance imposing that tax was adopted prior to

18 January 1, 2023.

19 (Source: P.A. 103-9, Article 5, Section 5-10, eff. 6-7-23;

20 103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff.

21 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

22 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

23 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.

24 8-15-25.)

25 (35 ILCS 110/3-10)

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1 Sec. 3-10. Rate of tax. Unless otherwise provided in this

2 Section, the tax imposed by this Act is at the rate of 6.25% of

3 the selling price of tangible personal property transferred,

4 including, on and after January 1, 2025, transferred by lease,

5 as an incident to the sale of service, but, for the purpose of

6 computing this tax, in no event shall the selling price be less

7 than the cost price of the property to the serviceman.

8 Beginning on July 1, 2000 and through December 31, 2000,

9 with respect to motor fuel, as defined in Section 1.1 of the

10 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

11 the Use Tax Act, the tax is imposed at the rate of 1.25%.

12 With respect to gasohol, as defined in the Use Tax Act, the

13 tax imposed by this Act applies to (i) 70% of the selling price

14 of property transferred as an incident to the sale of service

15 on or after January 1, 1990, and before July 1, 2003, (ii) 80%

16 of the selling price of property transferred as an incident to

17 the sale of service on or after July 1, 2003 and on or before

18 July 1, 2017, (iii) 100% of the selling price of property

19 transferred as an incident to the sale of service after July 1,

20 2017 and before January 1, 2024, (iv) 90% of the selling price

21 of property transferred as an incident to the sale of service

22 on or after January 1, 2024 and on or before December 31, 2028,

23 and (v) 100% of the selling price of property transferred as an

24 incident to the sale of service after December 31, 2028. If, at

25 any time, however, the tax under this Act on sales of gasohol,

26 as defined in the Use Tax Act, is imposed at the rate of 1.25%,

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1 then the tax imposed by this Act applies to 100% of the

2 proceeds of sales of gasohol made during that time.

3 With respect to mid-range ethanol blends, as defined in

4 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

5 applies to (i) 80% of the selling price of property

6 transferred as an incident to the sale of service on or after

7 January 1, 2024 and on or before December 31, 2028 and (ii)

8 100% of the selling price of property transferred as an

9 incident to the sale of service after December 31, 2028. If, at

10 any time, however, the tax under this Act on sales of mid-range

11 ethanol blends is imposed at the rate of 1.25%, then the tax

12 imposed by this Act applies to 100% of the selling price of

13 mid-range ethanol blends transferred as an incident to the

14 sale of service during that time.

15 With respect to majority blended ethanol fuel, as defined

16 in the Use Tax Act, the tax imposed by this Act does not apply

17 to the selling price of property transferred as an incident to

18 the sale of service on or after July 1, 2003 and on or before

19 December 31, 2028 but applies to 100% of the selling price

20 thereafter.

21 With respect to biodiesel blends, as defined in the Use

22 Tax Act, with no less than 1% and no more than 10% biodiesel,

23 the tax imposed by this Act applies to (i) 80% of the selling

24 price of property transferred as an incident to the sale of

25 service on or after July 1, 2003 and on or before December 31,

26 2018 and (ii) 100% of the proceeds of the selling price after

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1 December 31, 2018 and before January 1, 2024. On and after

2 January 1, 2024 and on or before December 31, 2030, the

3 taxation of biodiesel, renewable diesel, and biodiesel blends

4 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

5 at any time, however, the tax under this Act on sales of

6 biodiesel blends, as defined in the Use Tax Act, with no less

7 than 1% and no more than 10% biodiesel is imposed at the rate

8 of 1.25%, then the tax imposed by this Act applies to 100% of

9 the proceeds of sales of biodiesel blends with no less than 1%

10 and no more than 10% biodiesel made during that time.

11 With respect to biodiesel, as defined in the Use Tax Act,

12 and biodiesel blends, as defined in the Use Tax Act, with more

13 than 10% but no more than 99% biodiesel, the tax imposed by

14 this Act does not apply to the proceeds of the selling price of

15 property transferred as an incident to the sale of service on

16 or after July 1, 2003 and on or before December 31, 2023. On

17 and after January 1, 2024 and on or before December 31, 2030,

18 the taxation of biodiesel, renewable diesel, and biodiesel

19 blends shall be as provided in Section 3-5.1 of the Use Tax

20 Act.

21 At the election of any registered serviceman made for each

22 fiscal year, for whom the aggregate annual cost price of

23 tangible personal property transferred as an incident to the

24 sales of service is less than 35%, or 75% in the case of

25 servicemen transferring prescription drugs or servicemen

26 engaged in graphic arts production, of the aggregate annual

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1 total gross receipts from all sales of service, the tax

2 imposed by this Act shall be based on the serviceman's cost

3 price of the tangible personal property transferred as an

4 incident to the sale of those services. This election may also

5 be made by any serviceman maintaining a place of business in

6 this State who makes retail sales from outside of this State to

7 Illinois customers but is not required to be registered under

8 Section 2a of the Retailers' Occupation Tax Act. Beginning

9 January 1, 2026, this election shall not apply to any sale of

10 service made through a marketplace that has met the threshold

11 in subsection (b-5) of Section 2d of this Act.

12 Beginning January 1, 2026, the tax shall be imposed at the

13 rate of 6.25% of 50% of the entire billing to the service

14 customer for all sales of service made through a marketplace

15 that has met the threshold in subsection (b-5) of Section 2d of

16 this Act. In no event shall 50% of the entire billing be less

17 than the cost price of the property to the marketplace

18 serviceman or the marketplace facilitator on its own sales of

19 service.

20 Until July 1, 2022 and from July 1, 2023 through December

21 31, 2025, the tax shall be imposed at the rate of 1% on food

22 prepared for immediate consumption and transferred incident to

23 a sale of service subject to this Act or the Service Occupation

24 Tax Act by an entity licensed under the Hospital Licensing

25 Act, the Nursing Home Care Act, the Assisted Living and Shared

26 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

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1 Specialized Mental Health Rehabilitation Act of 2013, or the

2 Child Care Act of 1969, or an entity that holds a permit issued

3 pursuant to the Life Care Facilities Act. Until July 1, 2022

4 and from July 1, 2023 through December 31, 2025, the tax shall

5 also be imposed at the rate of 1% on food for human consumption

6 that is to be consumed off the premises where it is sold (other

7 than alcoholic beverages, food consisting of or infused with

8 adult use cannabis, soft drinks, and food that has been

9 prepared for immediate consumption and is not otherwise

10 included in this paragraph).

11 Beginning on July 1, 2022 and until July 1, 2023, the tax

12 shall be imposed at the rate of 0% on food prepared for

13 immediate consumption and transferred incident to a sale of

14 service subject to this Act or the Service Occupation Tax Act

15 by an entity licensed under the Hospital Licensing Act, the

16 Nursing Home Care Act, the Assisted Living and Shared Housing

17 Act, the ID/DD Community Care Act, the MC/DD Act, the

18 Specialized Mental Health Rehabilitation Act of 2013, or the

19 Child Care Act of 1969, or an entity that holds a permit issued

20 pursuant to the Life Care Facilities Act. Beginning on July 1,

21 2022 and until July 1, 2023, the tax shall also be imposed at

22 the rate of 0% on food for human consumption that is to be

23 consumed off the premises where it is sold (other than

24 alcoholic beverages, food consisting of or infused with adult

25 use cannabis, soft drinks, ~~and~~ food that has been prepared for

26 immediate consumption and is not otherwise included in this

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1 paragraph, and, beginning on November 12, 2026, food that is a

2 final consumer hemp cannabinoid product as defined in the

3 Illinois Hemp Act).

4 On and after January 1, 2026, food prepared for immediate

5 consumption and transferred incident to a sale of service

6 subject to this Act or the Service Occupation Tax Act by an

7 entity licensed under the Hospital Licensing Act, the Nursing

8 Home Care Act, the Assisted Living and Shared Housing Act, the

9 ID/DD Community Care Act, the MC/DD Act, the Specialized

10 Mental Health Rehabilitation Act of 2013, or the Child Care

11 Act of 1969, or by an entity that holds a permit issued

12 pursuant to the Life Care Facilities Act is exempt from the tax

13 under this Act. On and after January 1, 2026, food for human

14 consumption that is to be consumed off the premises where it is

15 sold (other than alcoholic beverages, food consisting of or

16 infused with adult use cannabis, soft drinks, candy, and food

17 that has been prepared for immediate consumption and is not

18 otherwise included in this paragraph) is exempt from the tax

19 under this Act.

20 The tax shall be imposed at the rate of 1% on prescription

21 and nonprescription medicines, drugs, medical appliances,

22 products classified as Class III medical devices by the United

23 States Food and Drug Administration that are used for cancer

24 treatment pursuant to a prescription, as well as any

25 accessories and components related to those devices,

26 modifications to a motor vehicle for the purpose of rendering

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1 it usable by a person with a disability, and insulin, blood

2 sugar testing materials, syringes, and needles used by human

3 diabetics. For the purposes of this Section, until September

4 1, 2009: the term "soft drinks" means any complete, finished,

5 ready-to-use, non-alcoholic drink, whether carbonated or not,

6 including, but not limited to, soda water, cola, fruit juice,

7 vegetable juice, carbonated water, and all other preparations

8 commonly known as soft drinks of whatever kind or description

9 that are contained in any closed or sealed bottle, can,

10 carton, or container, regardless of size; but "soft drinks"

11 does not include coffee, tea, non-carbonated water, infant

12 formula, milk or milk products as defined in the Grade A

13 Pasteurized Milk and Milk Products Act, or drinks containing

14 50% or more natural fruit or vegetable juice.

15 Notwithstanding any other provisions of this Act,

16 beginning September 1, 2009, "soft drinks" means non-alcoholic

17 beverages that contain natural or artificial sweeteners. "Soft

18 drinks" does not include beverages that contain milk or milk

19 products, soy, rice or similar milk substitutes, or greater

20 than 50% of vegetable or fruit juice by volume.

21 Until August 1, 2009, and notwithstanding any other

22 provisions of this Act, "food for human consumption that is to

23 be consumed off the premises where it is sold" includes all

24 food sold through a vending machine, except soft drinks and

25 food products that are dispensed hot from a vending machine,

26 regardless of the location of the vending machine. Beginning

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1 August 1, 2009, and notwithstanding any other provisions of

2 this Act, "food for human consumption that is to be consumed

3 off the premises where it is sold" includes all food sold

4 through a vending machine, except soft drinks, candy, and food

5 products that are dispensed hot from a vending machine,

6 regardless of the location of the vending machine.

7 Notwithstanding any other provisions of this Act,

8 beginning September 1, 2009, "food for human consumption that

9 is to be consumed off the premises where it is sold" does not

10 include candy. For purposes of this Section, "candy" means a

11 preparation of sugar, honey, or other natural or artificial

12 sweeteners in combination with chocolate, fruits, nuts or

13 other ingredients or flavorings in the form of bars, drops, or

14 pieces. "Candy" does not include any preparation that contains

15 flour or requires refrigeration.

16 Notwithstanding any other provisions of this Act,

17 beginning September 1, 2009, "nonprescription medicines and

18 drugs" does not include grooming and hygiene products. For

19 purposes of this Section, "grooming and hygiene products"

20 includes, but is not limited to, soaps and cleaning solutions,

21 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

22 lotions and screens, unless those products are available by

23 prescription only, regardless of whether the products meet the

24 definition of "over-the-counter-drugs". For the purposes of

25 this paragraph, "over-the-counter-drug" means a drug for human

26 use that contains a label that identifies the product as a drug

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1 as required by 21 CFR 201.66. The "over-the-counter-drug"

2 label includes:

3 (A) a "Drug Facts" panel; or

4 (B) a statement of the "active ingredient(s)" with a

5 list of those ingredients contained in the compound,

6 substance or preparation.

7 Beginning on January 1, 2014 (the effective date of Public

8 Act 98-122), "prescription and nonprescription medicines and

9 drugs" includes medical cannabis purchased from a registered

10 dispensing organization under the Compassionate Use of Medical

11 Cannabis Program Act.

12 Beginning 90 days after the effective date of this

13 amendatory Act of the 104th General Assembly, "prescription

14 and nonprescription medicines and drugs" includes cannabis or

15 cannabis-infused products purchased by a qualified patient,

16 provisional patient, designated caregiver, or Opioid

17 Alternative Patient Program participant as part of that

18 individual's adequate medical supply from any dispensary that

19 has been issued a Medical Cannabis Dispensing Organization

20 license, as these terms are defined under the Cannabis

21 Regulation and Tax Act.

22 Beginning on the November 12, 2026, "prescription and

23 nonprescription medicines and drugs" does not include a final

24 consumer hemp cannabinoid product as defined in the Illinois

25 Hemp Act.

26 As used in this Section, "adult use cannabis" means

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1 cannabis subject to tax under the Cannabis Cultivation

2 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

3 and does not include cannabis subject to tax under the

4 Compassionate Use of Medical Cannabis Program Act.

5 Beginning 90 days after the effective date of this

6 amendatory Act of the 104th General Assembly, as used in this

7 Section, "adult use cannabis" does not include cannabis or

8 cannabis-infused products purchased by a qualified patient,

9 provisional patient, designated caregiver, or Opioid

10 Alternative Patient Program participant as part of that

11 individual's adequate medical supply from any dispensary that

12 has been issued a Medical Cannabis Dispensing Organization

13 license.

14 If the property that is acquired from a serviceman is

15 acquired outside Illinois and used outside Illinois before

16 being brought to Illinois for use here and is taxable under

17 this Act, the "selling price" on which the tax is computed

18 shall be reduced by an amount that represents a reasonable

19 allowance for depreciation for the period of prior

20 out-of-state use. No depreciation is allowed in cases where

21 the tax under this Act is imposed on lease receipts.

22 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

23 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.

24 6-16-25; 104-417, eff. 8-15-25.)

25 Section 130. The Service Occupation Tax Act is amended by

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1 changing Sections 3-5 and 3-10 as follows:

2 (35 ILCS 115/3-5)

3 Sec. 3-5. Exemptions. The following tangible personal

4 property is exempt from the tax imposed by this Act:

5 (1) Personal property sold by a corporation, society,

6 association, foundation, institution, or organization, other

7 than a limited liability company, that is organized and

8 operated as a not-for-profit service enterprise for the

9 benefit of persons 65 years of age or older if the personal

10 property was not purchased by the enterprise for the purpose

11 of resale by the enterprise.

12 (2) Personal property purchased by a not-for-profit

13 Illinois county fair association for use in conducting,

14 operating, or promoting the county fair.

15 (3) Personal property purchased by any not-for-profit arts

16 or cultural organization that establishes, by proof required

17 by the Department by rule, that it has received an exemption

18 under Section 501(c)(3) of the Internal Revenue Code and that

19 is organized and operated primarily for the presentation or

20 support of arts or cultural programming, activities, or

21 services. These organizations include, but are not limited to,

22 music and dramatic arts organizations such as symphony

23 orchestras and theatrical groups, arts and cultural service

24 organizations, local arts councils, visual arts organizations,

25 and media arts organizations. On and after July 1, 2001 (the

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1 effective date of Public Act 92-35), however, an entity

2 otherwise eligible for this exemption shall not make tax-free

3 purchases unless it has an active identification number issued

4 by the Department.

5 (4) Legal tender, currency, medallions, or gold or silver

6 coinage issued by the State of Illinois, the government of the

7 United States of America, or the government of any foreign

8 country, and bullion.

9 (5) Until July 1, 2003 and beginning again on September 1,

10 2004 through August 30, 2014, graphic arts machinery and

11 equipment, including repair and replacement parts, both new

12 and used, and including that manufactured on special order or

13 purchased for lease, certified by the purchaser to be used

14 primarily for graphic arts production. Equipment includes

15 chemicals or chemicals acting as catalysts but only if the

16 chemicals or chemicals acting as catalysts effect a direct and

17 immediate change upon a graphic arts product. Beginning on

18 July 1, 2017, graphic arts machinery and equipment is included

19 in the manufacturing and assembling machinery and equipment

20 exemption under Section 2 of this Act.

21 (6) Personal property sold by a teacher-sponsored student

22 organization affiliated with an elementary or secondary school

23 located in Illinois.

24 (7) Farm machinery and equipment, both new and used,

25 including that manufactured on special order, certified by the

26 purchaser to be used primarily for production agriculture or

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1 State or federal agricultural programs, including individual

2 replacement parts for the machinery and equipment, including

3 machinery and equipment purchased for lease, and including

4 implements of husbandry defined in Section 1-130 of the

5 Illinois Vehicle Code, farm machinery and agricultural

6 chemical and fertilizer spreaders, and nurse wagons required

7 to be registered under Section 3-809 of the Illinois Vehicle

8 Code, but excluding other motor vehicles required to be

9 registered under the Illinois Vehicle Code. Horticultural

10 polyhouses or hoop houses used for propagating, growing, or

11 overwintering plants shall be considered farm machinery and

12 equipment under this item (7). Agricultural chemical tender

13 tanks and dry boxes shall include units sold separately from a

14 motor vehicle required to be licensed and units sold mounted

15 on a motor vehicle required to be licensed if the selling price

16 of the tender is separately stated.

17 Farm machinery and equipment shall include precision

18 farming equipment that is installed or purchased to be

19 installed on farm machinery and equipment, including, but not

20 limited to, tractors, harvesters, sprayers, planters, seeders,

21 or spreaders. Precision farming equipment includes, but is not

22 limited to, soil testing sensors, computers, monitors,

23 software, global positioning and mapping systems, and other

24 such equipment.

25 Farm machinery and equipment also includes computers,

26 sensors, software, and related equipment used primarily in the

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1 computer-assisted operation of production agriculture

2 facilities, equipment, and activities such as, but not limited

3 to, the collection, monitoring, and correlation of animal and

4 crop data for the purpose of formulating animal diets and

5 agricultural chemicals.

6 Beginning on January 1, 2024, farm machinery and equipment

7 also includes electrical power generation equipment used

8 primarily for production agriculture.

9 This item (7) is exempt from the provisions of Section

10 3-55.

11 (8) Until June 30, 2013, fuel and petroleum products sold

12 to or used by an air common carrier, certified by the carrier

13 to be used for consumption, shipment, or storage in the

14 conduct of its business as an air common carrier, for a flight

15 destined for or returning from a location or locations outside

16 the United States without regard to previous or subsequent

17 domestic stopovers.

18 Beginning July 1, 2013, fuel and petroleum products sold

19 to or used by an air carrier, certified by the carrier to be

20 used for consumption, shipment, or storage in the conduct of

21 its business as an air common carrier, for a flight that (i) is

22 engaged in foreign trade or is engaged in trade between the

23 United States and any of its possessions and (ii) transports

24 at least one individual or package for hire from the city of

25 origination to the city of final destination on the same

26 aircraft, without regard to a change in the flight number of

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1 that aircraft.

2 (9) Proceeds of mandatory service charges separately

3 stated on customers' bills for the purchase and consumption of

4 food and beverages, to the extent that the proceeds of the

5 service charge are in fact turned over as tips or as a

6 substitute for tips to the employees who participate directly

7 in preparing, serving, hosting or cleaning up the food or

8 beverage function with respect to which the service charge is

9 imposed.

10 (10) Until July 1, 2003, oil field exploration, drilling,

11 and production equipment, including (i) rigs and parts of

12 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

13 pipe and tubular goods, including casing and drill strings,

14 (iii) pumps and pump-jack units, (iv) storage tanks and flow

15 lines, (v) any individual replacement part for oil field

16 exploration, drilling, and production equipment, and (vi)

17 machinery and equipment purchased for lease; but excluding

18 motor vehicles required to be registered under the Illinois

19 Vehicle Code.

20 (11) Photoprocessing machinery and equipment, including

21 repair and replacement parts, both new and used, including

22 that manufactured on special order, certified by the purchaser

23 to be used primarily for photoprocessing, and including

24 photoprocessing machinery and equipment purchased for lease.

25 (12) Until July 1, 2028, coal and aggregate exploration,

26 mining, off-highway hauling, processing, maintenance, and

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1 reclamation equipment, including replacement parts and

2 equipment, and including equipment purchased for lease, but

3 excluding motor vehicles required to be registered under the

4 Illinois Vehicle Code. The changes made to this Section by

5 Public Act 97-767 apply on and after July 1, 2003, but no claim

6 for credit or refund is allowed on or after August 16, 2013

7 (the effective date of Public Act 98-456) for such taxes paid

8 during the period beginning July 1, 2003 and ending on August

9 16, 2013 (the effective date of Public Act 98-456).

10 (13) Beginning January 1, 1992 and through June 30, 2016,

11 food for human consumption that is to be consumed off the

12 premises where it is sold (other than alcoholic beverages,

13 soft drinks and food that has been prepared for immediate

14 consumption) and prescription and non-prescription medicines,

15 drugs, medical appliances, and insulin, urine testing

16 materials, syringes, and needles used by diabetics, for human

17 use, when purchased for use by a person receiving medical

18 assistance under Article V of the Illinois Public Aid Code who

19 resides in a licensed long-term care facility, as defined in

20 the Nursing Home Care Act, or in a licensed facility as defined

21 in the ID/DD Community Care Act, the MC/DD Act, or the

22 Specialized Mental Health Rehabilitation Act of 2013.

23 (14) Semen used for artificial insemination of livestock

24 for direct agricultural production.

25 (15) Horses, or interests in horses, registered with and

26 meeting the requirements of any of the Arabian Horse Club

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1 Registry of America, Appaloosa Horse Club, American Quarter

2 Horse Association, United States Trotting Association, or

3 Jockey Club, as appropriate, used for purposes of breeding or

4 racing for prizes. This item (15) is exempt from the

5 provisions of Section 3-55, and the exemption provided for

6 under this item (15) applies for all periods beginning May 30,

7 1995, but no claim for credit or refund is allowed on or after

8 January 1, 2008 (the effective date of Public Act 95-88) for

9 such taxes paid during the period beginning May 30, 2000 and

10 ending on January 1, 2008 (the effective date of Public Act

11 95-88).

12 (16) Computers and communications equipment utilized for

13 any hospital purpose and equipment used in the diagnosis,

14 analysis, or treatment of hospital patients sold to a lessor

15 who leases the equipment, under a lease of one year or longer

16 executed or in effect at the time of the purchase, to a

17 hospital that has been issued an active tax exemption

18 identification number by the Department under Section 1g of

19 the Retailers' Occupation Tax Act.

20 (17) Personal property sold to a lessor who leases the

21 property, under a lease of one year or longer executed or in

22 effect at the time of the purchase, to a governmental body that

23 has been issued an active tax exemption identification number

24 by the Department under Section 1g of the Retailers'

25 Occupation Tax Act.

26 (18) Beginning with taxable years ending on or after

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1 December 31, 1995 and ending with taxable years ending on or

2 before December 31, 2004, personal property that is donated

3 for disaster relief to be used in a State or federally declared

4 disaster area in Illinois or bordering Illinois by a

5 manufacturer or retailer that is registered in this State to a

6 corporation, society, association, foundation, or institution

7 that has been issued a sales tax exemption identification

8 number by the Department that assists victims of the disaster

9 who reside within the declared disaster area.

10 (19) Beginning with taxable years ending on or after