Rep. Will Guzzardi

Filed: 5/30/2026

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1 AMENDMENT TO SENATE BILL 3229

2 AMENDMENT NO. ______. Amend Senate Bill 3229 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. If

11 any part of this Act conflicts with a provision of federal law

12 regarding hemp or industrial hemp, the federal provision shall

13 control to the extent of the conflict.

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

15 or shipment of hemp or hemp products produced in accordance

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

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

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

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

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

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

22 the concurrent exercise by home rule units of powers and

23 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

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

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

2 law.

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

4 Section 105. The Criminal Identification Act is amended by

5 changing Section 5.2 as follows:

6 (20 ILCS 2630/5.2)

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

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

9 (a) General Provisions.

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

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

12 particular context clearly requires a different meaning.

13 (A) The following terms shall have the meanings

14 ascribed to them in the following Sections of the

15 Unified Code of Corrections:

16 Business Offense, Section 5-1-2.

17 Charge, Section 5-1-3.

18 Court, Section 5-1-6.

19 Defendant, Section 5-1-7.

20 Felony, Section 5-1-9.

21 Imprisonment, Section 5-1-10.

22 Judgment, Section 5-1-12.

23 Misdemeanor, Section 5-1-14.

24 Offense, Section 5-1-15.

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1 Parole, Section 5-1-16.

2 Petty Offense, Section 5-1-17.

3 Probation, Section 5-1-18.

4 Sentence, Section 5-1-19.

5 Supervision, Section 5-1-21.

6 Victim, Section 5-1-22.

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

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

9 of the Unified Code of Corrections) brought against a

10 defendant where the defendant is not arrested prior to

11 or as a direct result of the charge.

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

13 sentence entered upon a plea of guilty or upon a

14 verdict or finding of guilty of an offense, rendered

15 by a legally constituted jury or by a court of

16 competent jurisdiction authorized to try the case

17 without a jury. An order of supervision successfully

18 completed by the petitioner is not a conviction. An

19 order of qualified probation (as defined in subsection

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

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

22 of qualified probation that is terminated

23 unsatisfactorily is a conviction, unless the

24 unsatisfactory termination is reversed, vacated, or

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

26 reversed or vacated.

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

2 business offense, misdemeanor, felony, or municipal

3 ordinance violation (as defined in subsection

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

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

6 be considered a criminal offense.

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

8 records or return them to the petitioner and to

9 obliterate the petitioner's name from any official

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

11 shall require the physical destruction of the circuit

12 court file, but such records relating to arrests or

13 charges, or both, ordered expunged shall be impounded

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

15 (d)(9)(B)(ii).

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

17 the sentence, order of supervision, or order of

18 qualified probation (as defined by subsection

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

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

21 any jurisdiction, regardless of whether the petitioner

22 has included the criminal offense for which the

23 sentence or order of supervision or qualified

24 probation was imposed in his or her petition. If

25 multiple sentences, orders of supervision, or orders

26 of qualified probation terminate on the same day and

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1 are last in time, they shall be collectively

2 considered the "last sentence" regardless of whether

3 they were ordered to run concurrently.

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

5 business offense, or Class C misdemeanor under the

6 Illinois Vehicle Code or a similar provision of a

7 municipal or local ordinance.

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

9 of Section 4 or 5 of the Cannabis Control Act

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

11 containing cannabis, provided the violation did not

12 include a penalty enhancement under Section 7 of the

13 Cannabis Control Act and is not associated with an

14 arrest, conviction or other disposition for a violent

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

16 Rights of Crime Victims and Witnesses Act.

17 (H) "Municipal ordinance violation" means an

18 offense defined by a municipal or local ordinance that

19 is criminal in nature and with which the petitioner

20 was charged or for which the petitioner was arrested

21 and released without charging.

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

23 prosecuted as an adult who has applied for relief

24 under this Section.

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

26 probation under Section 10 of the Cannabis Control

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1 Act, Section 410 of the Illinois Controlled Substances

2 Act, Section 70 of the Methamphetamine Control and

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

4 of the Unified Code of Corrections, Section

5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

6 those provisions existed before their deletion by

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

8 Alcoholism and Other Drug Dependency Act, Section

9 40-10 of the Substance Use Disorder Act, or Section 10

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

11 Section, "successful completion" of an order of

12 qualified probation under Section 10-102 of the

13 Illinois Alcoholism and Other Drug Dependency Act and

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

15 that the probation was terminated satisfactorily and

16 the judgment of conviction was vacated.

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

18 maintain the records, unless the records would

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

20 records unavailable without a court order, subject to

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

22 petitioner's name shall also be obliterated from the

23 official index required to be kept by the circuit

24 court clerk under Section 16 of the Clerks of Courts

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

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

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1 affected.

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

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

4 indecent solicitation of a child or criminal sexual

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

6 of age.

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

8 order of supervision or qualified probation includes

9 either satisfactory or unsatisfactory termination of

10 the sentence, unless otherwise specified in this

11 Section. A sentence is terminated notwithstanding any

12 outstanding financial legal obligation.

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

14 convictions for minor traffic offenses shall not affect a

15 petitioner's eligibility to expunge or seal records

16 pursuant to this Section.

17 (2.5) Commencing 180 days after July 29, 2016 (the

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

19 agency issuing the citation shall automatically expunge,

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

21 enforcement records of a person found to have committed a

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

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

24 the Drug Paraphernalia Control Act in the law enforcement

25 agency's possession or control and which contains the

26 final satisfactory disposition which pertain to the person

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1 issued a citation for that offense. The law enforcement

2 agency shall provide by rule the process for access,

3 review, and to confirm the automatic expungement by the

4 law enforcement agency issuing the citation. Commencing

5 180 days after July 29, 2016 (the effective date of Public

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

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

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

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

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

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

12 Section 3.5 of the Drug Paraphernalia Control Act in the

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

14 satisfactory disposition which pertain to the person

15 issued a citation for any of those offenses.

16 (3) Exclusions. Except as otherwise provided in

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

18 of this Section, the court shall not order:

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

20 arrests or charges not initiated by arrest that result

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

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

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

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

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

26 similar provision of a local ordinance, unless the

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1 arrest or charge is for a misdemeanor violation of

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

3 provision of a local ordinance, that occurred prior to

4 the offender reaching the age of 25 years and the

5 offender has no other conviction for violating Section

6 11-501 or 11-503 of the Illinois Vehicle Code or a

7 similar provision of a local ordinance.

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

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

10 unless the petitioner was arrested and released

11 without charging.

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

13 charges not initiated by arrest which result in an

14 order of supervision or a conviction for the following

15 offenses:

16 (i) offenses included in Article 11 of the

17 Criminal Code of 1961 or the Criminal Code of 2012

18 or a similar provision of a local ordinance,

19 except Section 11-14 and a misdemeanor violation

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

21 the Criminal Code of 2012, or a similar provision

22 of a local ordinance;

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

24 26-5, or 48-1 of the Criminal Code of 1961 or the

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

26 local ordinance;

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

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

3 Section 125 of the Stalking No Contact Order Act,

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

5 or a similar provision of a local ordinance;

6 (iv) Class A misdemeanors or felony offenses

7 under the Humane Care for Animals Act; or

8 (v) any offense or attempted offense that

9 would subject a person to registration under the

10 Sex Offender Registration Act.

11 (D) (blank).

12 (b) Expungement.

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

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

15 initiated by arrest when each arrest or charge not

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

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

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

19 conviction which was vacated or reversed, unless excluded

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

21 such supervision was successfully completed by the

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

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

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

25 successfully completed by the petitioner.

26 (1.5) When a petitioner seeks to have a record of

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1 arrest expunged under this Section, and the offender has

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

3 may object to the expungement on the grounds that the

4 records contain specific relevant information aside from

5 the mere fact of the arrest.

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

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

8 arrest sought to be expunged resulted in an acquittal,

9 dismissal, the petitioner's release without charging,

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

11 no waiting period to petition for the expungement of

12 such records.

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

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

15 post-plea diversion program, a petition for

16 expungement may be filed 61 days before the

17 anticipated dismissal of the case or any time

18 thereafter. Upon successful completion of the program

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

20 petition of the person graduating from the program and

21 shall grant expungement if the petitioner meets all

22 requirements as specified in any applicable statute.

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

24 arrest sought to be expunged resulted in an order of

25 supervision, successfully completed by the petitioner,

26 the following time frames will apply:

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1 (i) Those arrests or charges that resulted in

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

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

4 a similar provision of a local ordinance, or under

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

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

7 similar provision of a local ordinance, shall not

8 be eligible for expungement until 5 years have

9 passed following the satisfactory termination of

10 the supervision.

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

12 in orders of supervision for a misdemeanor

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

14 the Illinois Vehicle Code or a similar provision

15 of a local ordinance, that occurred prior to the

16 offender reaching the age of 25 years and the

17 offender has no other conviction for violating

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

19 Code or a similar provision of a local ordinance

20 shall not be eligible for expungement until the

21 petitioner has reached the age of 25 years.

22 (ii) Those arrests or charges that resulted in

23 orders of supervision for any other offenses shall

24 not be eligible for expungement until 2 years have

25 passed following the satisfactory termination of

26 the supervision.

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

2 arrest sought to be expunged resulted in an order of

3 qualified probation, successfully completed by the

4 petitioner, such records shall not be eligible for

5 expungement until 5 years have passed following the

6 satisfactory termination of the probation.

7 (3) Those records maintained by the Illinois State

8 Police for persons arrested prior to their 17th birthday

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

10 Juvenile Court Act of 1987.

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

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

13 identity he or she has stolen or otherwise come into

14 possession of, the aggrieved person from whom the identity

15 was stolen or otherwise obtained without authorization,

16 upon learning of the person having been arrested using his

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

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

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

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

21 all official records of the arresting authority, the

22 Illinois State Police, other criminal justice agencies,

23 the prosecutor, and the trial court concerning such

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

25 records in connection with the arrest and conviction, if

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

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

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

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

4 cause shown and the name of the aggrieved person

5 obliterated on the official index required to be kept by

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

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

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

9 order. Nothing in this Section shall limit the Illinois

10 State Police or other criminal justice agencies or

11 prosecutors from listing under an offender's name the

12 false names he or she has used.

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

14 sexual assault, aggravated criminal sexual assault,

15 predatory criminal sexual assault of a child, criminal

16 sexual abuse, or aggravated criminal sexual abuse, the

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

18 Attorney of the county in which the conviction occurred

19 file a verified petition with the presiding trial judge at

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

21 seal the records of the circuit court clerk in connection

22 with the proceedings of the trial court concerning that

23 offense. However, the records of the arresting authority

24 and the Illinois State Police concerning the offense shall

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

26 make the records of the circuit court clerk in connection

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1 with the proceedings of the trial court concerning the

2 offense available for public inspection.

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

4 review or on collateral attack and the court determines by

5 clear and convincing evidence that the petitioner was

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

7 petitioner factually innocent of the charge shall enter an

8 expungement order for the conviction for which the

9 petitioner has been determined to be innocent as provided

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

11 Corrections.

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

13 State Police from maintaining all records of any person

14 who is admitted to probation upon terms and conditions and

15 who fulfills those terms and conditions pursuant to

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

17 Illinois Controlled Substances Act, Section 70 of the

18 Methamphetamine Control and Community Protection Act,

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

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

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

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

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

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

25 Steroid Control Act.

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

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

2 Procedure, the court that grants the certificate of

3 innocence shall also enter an order expunging the

4 conviction for which the petitioner has been determined to

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

6 of the Code of Civil Procedure.

7 (c) Sealing.

8 (1) Applicability. Notwithstanding any other provision

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

10 rights to expungement of criminal records, this subsection

11 authorizes the sealing of criminal records of adults and

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

13 Section provides for immediate sealing of certain records.

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

15 sealed:

16 (A) All arrests resulting in release without

17 charging;

18 (B) Arrests or charges not initiated by arrest

19 resulting in acquittal, dismissal, or conviction when

20 the conviction was reversed or vacated, except as

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

22 (C) Arrests or charges not initiated by arrest

23 resulting in orders of supervision, including orders

24 of supervision for municipal ordinance violations,

25 successfully completed by the petitioner, unless

26 excluded by subsection (a)(3);

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1 (D) Arrests or charges not initiated by arrest

2 resulting in convictions, including convictions on

3 municipal ordinance violations, unless excluded by

4 subsection (a)(3);

5 (E) Arrests or charges not initiated by arrest

6 resulting in orders of first offender probation under

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

8 the Illinois Controlled Substances Act, Section 70 of

9 the Methamphetamine Control and Community Protection

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

11 Corrections; and

12 (F) Arrests or charges not initiated by arrest

13 resulting in felony convictions unless otherwise

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

15 Section.

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) Except as otherwise provided in subparagraph

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

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

25 years after the termination of petitioner's last

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

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1 (C) Except as otherwise provided in subparagraph

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

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

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

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

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

7 registration under the Arsonist Registry Act, the Sex

8 Offender Registration Act, or the Murderer and Violent

9 Offender Against Youth Registration Act may not be

10 sealed until the petitioner is no longer required to

11 register under 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)(C), (c)(2)(D), (c)(2)(E), or

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

18 petitioner's last sentence if the petitioner earned a

19 high school diploma, associate's degree, career

20 certificate, vocational technical certification, or

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

22 Test of General Educational Development, during the

23 period of his or her sentence or mandatory supervised

24 release. This subparagraph shall apply only to a

25 petitioner who has not completed the same educational

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

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1 mandatory supervised release. If a petition for

2 sealing eligible records filed under this subparagraph

3 is denied by the court, the time periods under

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

5 petition for sealing filed by the petitioner.

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

7 have subsequent felony conviction records sealed as

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

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

10 prior felony convictions as provided in this subsection

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

12 felony offense, order the unsealing of prior felony

13 conviction records previously ordered sealed by the court.

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

15 disposition for an eligible record under this subsection

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

17 right to have the records sealed and the procedures for

18 the sealing of the records.

19 (d) Procedure. The following procedures apply to

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

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

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

23 petition for the expungement or sealing of records under

24 this Section, the petitioner shall file a petition

25 requesting the expungement or sealing of records with the

26 clerk of the court where the arrests occurred or the

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

2 charges were brought in multiple jurisdictions, a petition

3 must be filed in each such jurisdiction. The petitioner

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

5 required if the petitioner has obtained a court order

6 waiving fees under Supreme Court Rule 298 or it is

7 otherwise waived.

8 (1.5) County fee waiver pilot program. From August 9,

9 2019 (the effective date of Public Act 101-306) through

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

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

12 petitioner if the records sought to be expunged or sealed

13 were arrests resulting in release without charging or

14 arrests or charges not initiated by arrest resulting in

15 acquittal, dismissal, or conviction when the conviction

16 was reversed or vacated, unless excluded by subsection

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

18 than this sentence, are inoperative on and after January

19 1, 2022.

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

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

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

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

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

25 the arresting authority, and such other information as the

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

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1 the petitioner shall promptly notify the circuit court

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

3 petitioner has received a certificate of eligibility for

4 sealing from the Prisoner Review Board under paragraph

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

6 Code of Corrections, the certificate shall be attached to

7 the petition.

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

9 petition proof that the petitioner has taken within 30

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

11 absence within his or her body of all illegal substances

12 as defined by the Illinois Controlled Substances Act and

13 the Methamphetamine Control and Community Protection Act

14 if he or she is petitioning to:

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

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

17 Illinois Controlled Substances Act, the

18 Methamphetamine Control and Community Protection Act,

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

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

21 (D) expunge felony records of a qualified

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

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

24 promptly serve a copy of the petition and documentation to

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

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

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

2 arresting agency and the chief legal officer of the unit

3 of local government effecting the arrest.

4 (5) Objections.

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

6 may file an objection to the petition. All objections

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

8 court clerk, and shall state with specificity the

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

10 convicted of an offense is granted a pardon by the

11 Governor which specifically authorizes expungement, an

12 objection to the petition may not be filed.

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

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

15 the petition.

16 (6) Entry of order.

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

18 charge was brought, any judge of that circuit

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

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

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

22 petition to expunge or seal as set forth in this

23 subsection (d)(6).

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

25 Illinois State Police, the arresting agency, or the

26 chief legal officer files an objection to the petition

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

2 service of the petition, the court shall enter an

3 order granting or denying the petition.

4 (C) Notwithstanding any other provision of law,

5 the court shall not deny a petition for sealing under

6 this Section because the petitioner has not satisfied

7 an outstanding legal financial obligation established,

8 imposed, or originated by a court, law enforcement

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

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

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

12 legal financial obligation does not include any court

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

14 the Unified Code of Corrections, unless the

15 restitution has been converted to a civil judgment.

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

17 abrogates a legal financial obligation or otherwise

18 eliminates or affects the right of the holder of any

19 financial obligation to pursue collection under

20 applicable federal, State, or local law.

21 (D) Notwithstanding any other provision of law,

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

23 under this Section because the petitioner has

24 submitted a drug test taken within 30 days before the

25 filing of the petition to expunge or seal that

26 indicates a positive test for the presence of cannabis

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1 within the petitioner's body. In this subparagraph

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

3 Section 3 of the Cannabis Control Act.

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

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

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

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

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

9 the Illinois State Police as to the appropriateness of the

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

11 hearing, the court shall hear evidence on whether the

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

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

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

15 consider the following:

16 (A) the strength of the evidence supporting the

17 defendant's conviction;

18 (B) the reasons for retention of the conviction

19 records by the State;

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

21 and employment history;

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

23 arrest on the charge resulting in the conviction and

24 the filing of the petition under this Section; and

25 (E) the specific adverse consequences the

26 petitioner may be subject to if the petition is

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1 denied.

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

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

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

5 manner prescribed by the Illinois State Police, to the

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

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

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

9 government effecting the arrest, and to such other

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

11 (9) Implementation of order.

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

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

14 both:

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

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

17 the Illinois State Police, and any other agency as

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

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

20 modify, or reconsider the order is filed pursuant

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

22 Section;

23 (ii) the records of the circuit court clerk

24 shall be impounded until further order of the

25 court upon good cause shown and the name of the

26 petitioner obliterated on the official index

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1 required to be kept by the circuit court clerk

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

3 the order shall not affect any index issued by the

4 circuit court clerk before the entry of the order;

5 and

6 (iii) in response to an inquiry for expunged

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

8 the agency receiving such inquiry, shall reply as

9 it does in response to inquiries when no records

10 ever existed.

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

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

13 both:

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

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

16 and any other agency as ordered by the court,

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

18 unless a motion to vacate, modify, or reconsider

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

20 subsection (d) of this Section;

21 (ii) the records of the circuit court clerk

22 shall be impounded until further order of the

23 court upon good cause shown and the name of the

24 petitioner obliterated on the official index

25 required to be kept by the circuit court clerk

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

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1 the order shall not affect any index issued by the

2 circuit court clerk before the entry of the order;

3 (iii) the records shall be impounded by the

4 Illinois State Police within 60 days of the date

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

6 unless a motion to vacate, modify, or reconsider

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

8 subsection (d) of this Section;

9 (iv) records impounded by the Illinois State

10 Police may be disseminated by the Illinois State

11 Police only as required by law or to the arresting

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

13 upon a later arrest for the same or a similar

14 offense or for the purpose of sentencing for any

15 subsequent felony, and to the Department of

16 Corrections upon conviction for any offense; and

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

18 from anyone not authorized by law to access such

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

20 the agency receiving such inquiry shall reply as

21 it does in response to inquiries when no records

22 ever existed.

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

24 under subsection (e-6):

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

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

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1 and any other agency as ordered by the court,

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

3 unless a motion to vacate, modify, or reconsider

4 the order is filed under paragraph (12) of

5 subsection (d) of this Section;

6 (ii) the records of the circuit court clerk

7 shall be impounded until further order of the

8 court upon good cause shown and the name of the

9 petitioner obliterated on the official index

10 required to be kept by the circuit court clerk

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

12 the order shall not affect any index issued by the

13 circuit court clerk before the entry of the order;

14 (iii) the records shall be impounded by the

15 Illinois State Police within 60 days of the date

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

17 unless a motion to vacate, modify, or reconsider

18 the order is filed under paragraph (12) of

19 subsection (d) of this Section;

20 (iv) records impounded by the Illinois State

21 Police may be disseminated by the Illinois State

22 Police only as required by law or to the arresting

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

24 upon a later arrest for the same or a similar

25 offense or for the purpose of sentencing for any

26 subsequent felony, and to the Department of

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1 Corrections upon conviction for any offense; and

2 (v) in response to an inquiry for these

3 records from anyone not authorized by law to

4 access the records, the court, the Illinois State

5 Police, or the agency receiving the inquiry shall

6 reply as it does in response to inquiries when no

7 records ever existed.

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

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

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

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

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

13 such records, from anyone not authorized by law to

14 access such records, the court, the Illinois State

15 Police, or the agency receiving such inquiry shall

16 reply as it does in response to inquiries when no

17 records ever existed.

18 (D) The Illinois State Police shall send written

19 notice to the petitioner of its compliance with each

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

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

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

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

24 order requires the Illinois State Police to expunge or

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

26 circuit court order, the Illinois State Police shall

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1 send written notice to the petitioner of its

2 compliance with an Appellate Court or Supreme Court

3 judgment to expunge or seal records within 60 days of

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

5 required while any motion to vacate, modify, or

6 reconsider, or any appeal or petition for

7 discretionary appellate review, is pending.

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

9 judgment or other court record necessary to

10 demonstrate the amount of any legal financial

11 obligation due and owing be made available for the

12 limited purpose of collecting any legal financial

13 obligations owed by the petitioner that were

14 established, imposed, or originated in the criminal

15 proceeding for which those records have been sealed.

16 The records made available under this subparagraph (E)

17 shall not be entered into the official index required

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

19 of the Clerks of Courts Act and shall be immediately

20 re-impounded upon the collection of the outstanding

21 financial obligations.

22 (F) Notwithstanding any other provision of this

23 Section, a circuit court clerk may access a sealed

24 record for the limited purpose of collecting payment

25 for any legal financial obligations that were

26 established, imposed, or originated in the criminal

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1 proceedings for which those records have been sealed.

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

3 petitioner a fee equivalent to the cost of processing any

4 order to expunge or seal records. Notwithstanding any

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

6 circuit court clerk may charge a fee equivalent to the

7 cost associated with the sealing or expungement of records

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

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

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

11 Operation and Administrative Fund, to be used to offset

12 the costs incurred by the circuit court clerk in

13 performing the additional duties required to serve the

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

15 court clerk shall collect and remit the Illinois State

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

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

18 the record brought under an expungement petition was

19 previously sealed under this Section, the fee for the

20 expungement petition for that same record shall be waived.

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

22 expungement or sealing provisions of this Section shall

23 become final for purposes of appeal until 30 days after

24 service of the order on the petitioner and all parties

25 entitled to notice of the petition.

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

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

2 petitioner or any party entitled to notice may file a

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

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

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

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

7 reconsider shall comply with subsection (c) of Section

8 2-1401 of the Code of Civil Procedure. Upon filing of a

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

10 motion shall be served upon the petitioner and all parties

11 entitled to notice of the petition.

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

13 under the expungement or sealing provisions of this

14 Section shall not be considered void because it fails to

15 comply with the provisions of this Section or because of

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

17 reconsider. The circuit court retains jurisdiction to

18 determine whether the order is voidable and to vacate,

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

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

21 (14) Compliance with Order Granting Petition to Seal

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

23 granting a petition to seal, all parties entitled to

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

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

26 party is seeking relief from the order through a motion

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

2 appealing the order.

3 (15) Compliance with Order Granting Petition to

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

5 order granting the petition to expunge through a motion

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

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

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

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

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

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

12 mandate.

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

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

15 2013 (the effective date of Public Act 98-163) and to all

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

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

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

19 is granted a pardon by the Governor which specifically

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

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

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

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

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

25 order entered expunging the record of arrest from the official

26 records of the arresting authority and order that the records

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

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

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

4 obliterated from the official index requested to be kept by

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

6 Courts Act in connection with the arrest and conviction for

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

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

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

10 Illinois State Police may be disseminated by the Illinois

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

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

13 similar offense or for the purpose of sentencing for any

14 subsequent felony. Upon conviction for any subsequent offense,

15 the Department of Corrections shall have access to all sealed

16 records of the Illinois State Police pertaining to that

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

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

19 the person who was pardoned.

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

21 offense is granted a certificate of eligibility for sealing by

22 the Prisoner Review Board which specifically authorizes

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

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

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

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

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

2 entered sealing the record of arrest from the official records

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

4 circuit court clerk and the Illinois State Police be sealed

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

6 otherwise provided herein, and the name of the petitioner

7 obliterated from the official index requested to be kept by

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

9 Courts Act in connection with the arrest and conviction for

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

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

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

13 records sealed by the Illinois State Police may be

14 disseminated by the Illinois State Police only as required by

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

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

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

18 sentencing for any subsequent felony. Upon conviction for any

19 subsequent offense, the Department of Corrections shall have

20 access to all sealed records of the Illinois State Police

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

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

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

24 eligibility for sealing.

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

26 offense is granted a certificate of eligibility for

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1 expungement by the Prisoner Review Board which specifically

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

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

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

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

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

7 order entered expunging the record of arrest from the official

8 records of the arresting authority and order that the records

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

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

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

12 petitioner obliterated from the official index requested to be

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

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

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

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

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

18 records sealed by the Illinois State Police may be

19 disseminated by the Illinois State Police only as required by

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

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

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

23 sentencing for any subsequent felony. Upon conviction for any

24 subsequent offense, the Department of Corrections shall have

25 access to all expunged records of the Illinois State Police

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

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1 expungement, the circuit court clerk shall promptly mail a

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

3 of eligibility for expungement.

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

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

6 especially on employment and recidivism rates, utilizing a

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

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

9 the Illinois Department of Corrections, records of the

10 Illinois Department of Employment Security shall be utilized

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

12 disclose any data in a manner that would allow the

13 identification of any particular individual or employing unit.

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

15 later than September 1, 2010.

16 (g) Immediate Sealing.

17 (1) Applicability. Notwithstanding any other provision

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

19 rights to expungement or sealing of criminal records, this

20 subsection authorizes the immediate sealing of criminal

21 records of adults and of minors prosecuted as adults.

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

23 by arrest resulting in acquittal or dismissal with

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

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

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

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

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

3 disposed.

4 (3) When Records are Eligible to be Immediately

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

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

7 the final disposition of a case, notwithstanding the

8 disposition of other charges in the same case.

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

10 entry of a disposition for an eligible record under this

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

12 court of his or her right to have eligible records

13 immediately sealed and the procedure for the immediate

14 sealing of these records.

15 (5) Procedure. The following procedures apply to

16 immediate sealing under this subsection (g).

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

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

19 immediately petition the court, on behalf of the

20 defendant, for immediate sealing of eligible records

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

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

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

24 petition may be filed with the circuit court clerk

25 during the hearing in which the final disposition of

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

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1 not file the petition for immediate sealing during the

2 hearing, the defendant may file a petition for sealing

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

4 (B) Contents of Petition. The immediate sealing

5 petition shall be verified and shall contain the

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

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

8 arrest if applicable, the identity of the arresting

9 authority if applicable, and other information as the

10 court may require.

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

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

13 drug test.

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

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

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

17 the petition on any other agency.

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

19 shall enter an order granting or denying the petition

20 for immediate sealing during the hearing in which it

21 is filed. Petitions for immediate sealing shall be

22 ruled on in the same hearing in which the final

23 disposition of the case is entered.

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

25 for immediate sealing on the same day and during the

26 same hearing in which the disposition is rendered.

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

2 eligible records shall be served in conformance with

3 subsection (d)(8).

4 (H) Implementation of Order. An order to

5 immediately seal records shall be implemented in

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

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

8 clerk and the Illinois State Police shall comply with

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

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

11 subsection (g) shall become final for purposes of

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

13 petitioner and all parties entitled to service of the

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

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

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

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

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

19 reconsider the order denying the petition to

20 immediately seal within 60 days of service of the

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

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

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

24 the Code of Civil Procedure.

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

26 immediate sealing petition shall not be considered

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1 void because it fails to comply with the provisions of

2 this Section or because of an error asserted in a

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

4 court retains jurisdiction to determine whether the

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

6 reconsider its terms based on a motion filed under

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

8 (M) Compliance with Order Granting Petition to

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

10 order granting a petition to immediately seal, all

11 parties entitled to service of the order must fully

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

13 service of the order.

14 (h) Sealing or vacation and expungement of trafficking

15 victims' crimes.

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

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

18 2012, may petition for vacation and expungement or

19 immediate sealing of his or her criminal record upon the

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

21 participation in the underlying offense was a result of

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

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

24 Trafficking Victims Protection Act.

25 (1.5) A petition under paragraph (1) shall be

26 prepared, signed, and filed in accordance with Supreme

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

2 any required hearing remotely in accordance with local

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

4 seal if the public filing of the petition would constitute

5 a risk of harm to the petitioner.

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

7 addition to the requirements provided under paragraph (4)

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

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

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

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

12 offense was a result of human trafficking under Section

13 10-9 of the Criminal Code of 2012 or a severe form of

14 trafficking under the federal Trafficking Victims

15 Protection Act.

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

17 petitioner is not entitled to vacation and expungement or

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

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

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

21 the petitioner is entitled to vacation and expungement or

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

23 is eligible for vacation and expungement or immediate

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

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

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

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

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

3 Criminal Code of 2012 or a severe form of trafficking

4 under the federal Trafficking Victims Protection Act.

5 (i) Minor Cannabis Offenses under the Cannabis Control

6 Act.

7 (1) Expungement of Arrest Records of Minor Cannabis

8 Offenses.

9 (A) The Illinois State Police and all law

10 enforcement agencies within the State shall

11 automatically expunge all criminal history records of

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

13 supervision, or order of qualified probation for a

14 Minor Cannabis Offense committed prior to June 25,

15 2019 (the effective date of Public Act 101-27) if:

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

17 date of the arrest or law enforcement interaction

18 documented in the records; and

19 (ii) No criminal charges were filed relating

20 to the arrest or law enforcement interaction or

21 criminal charges were filed and subsequently

22 dismissed or vacated or the arrestee was

23 acquitted.

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

25 verify satisfaction of condition (ii) in paragraph

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

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1 (A) shall be automatically expunged.

2 (C) Records shall be expunged by the law

3 enforcement agency under the following timelines:

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

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

6 or after January 1, 2013, shall be automatically

7 expunged prior to January 1, 2021;

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

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

10 automatically expunged prior to January 1, 2023;

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

12 shall be automatically expunged prior to January

13 1, 2025.

14 In response to an inquiry for expunged records,

15 the law enforcement agency receiving such inquiry

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

17 records ever existed; however, it shall provide a

18 certificate of disposition or confirmation that the

19 record was expunged to the individual whose record was

20 expunged if such a record exists.

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

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

23 individual's records expunged except as otherwise may

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

25 rights or remedies otherwise available to the

26 individual.

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1 (2) Pardons Authorizing Expungement of Minor Cannabis

2 Offenses.

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

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

5 shall review all criminal history record information

6 and identify all records that meet all of the

7 following criteria:

8 (i) one or more convictions for a Minor

9 Cannabis Offense;

10 (ii) the conviction identified in paragraph

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

12 under Section 7 of the Cannabis Control Act; and

13 (iii) the conviction identified in paragraph

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

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

16 Section 3 of the Rights of Crime Victims and

17 Witnesses Act.

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

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

20 of State Police shall notify the Prisoner Review Board

21 of all such records that meet the criteria established

22 in paragraph (2)(A).

23 (i) The Prisoner Review Board shall notify the

24 State's Attorney of the county of conviction of

25 each record identified by State Police in

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

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

2 objection to the Prisoner Review Board on the sole

3 basis that the record identified does not meet the

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

5 objection must be filed within 60 days or by such

6 later date set by the Prisoner Review Board in the

7 notice after the State's Attorney received notice

8 from the Prisoner Review Board.

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

10 State's Attorney, the Prisoner Review Board is

11 authorized to conduct a non-public hearing to

12 evaluate the information provided in the

13 objection.

14 (iii) The Prisoner Review Board shall make a

15 confidential and privileged recommendation to the

16 Governor as to whether to grant a pardon

17 authorizing expungement for each of the records

18 identified by the Department of State Police as

19 described in paragraph (2)(A).

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

21 authorizing expungement as described in this Section,

22 the Prisoner Review Board, through the Attorney

23 General, shall file a petition for expungement with

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

25 circuit designated by the Chief Judge where the

26 individual had been convicted. Such petition may

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1 include more than one individual. Whenever an

2 individual who has been convicted of an offense is

3 granted a pardon by the Governor that specifically

4 authorizes expungement, an objection to the petition

5 may not be filed. Petitions to expunge under this

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

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

8 court shall enter an order expunging the records of

9 arrest from the official records of the arresting

10 authority and order that the records of the circuit

11 court clerk and the Illinois State Police be expunged

12 and the name of the defendant obliterated from the

13 official index requested to be kept by the circuit

14 court clerk under Section 16 of the Clerks of Courts

15 Act in connection with the arrest and conviction for

16 the offense for which the individual had received a

17 pardon but the order shall not affect any index issued

18 by the circuit court clerk before the entry of the

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

20 circuit court clerk shall promptly provide a copy of

21 the order and a certificate of disposition to the

22 individual who was pardoned to the individual's last

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

24 otherwise make it available to the individual upon

25 request.

26 (D) Nothing in this Section is intended to

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1 diminish or abrogate any rights or remedies otherwise

2 available to the individual.

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

4 expunge a conviction for a misdemeanor or Class 4 felony

5 violation of Section 4 or Section 5 of the Cannabis

6 Control Act. Motions to vacate and expunge under this

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

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

9 designated by the Chief Judge. The circuit court clerk

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

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

12 Attorney or prosecutor charged with the duty of

13 prosecuting the offense. When considering such a motion to

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

15 the reasons to retain the records provided by law

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

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

18 the specific adverse consequences if denied. An individual

19 may file such a petition after the completion of any

20 non-financial sentence or non-financial condition imposed

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

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

23 petition along with supporting evidence. If a motion to

24 vacate and expunge is granted, the records shall be

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

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

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

2 Attorney Assistance Act, assisting individuals seeking to

3 file a motion to vacate and expunge under this subsection

4 may file motions to vacate and expunge with the Chief

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

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

7 more than one individual. Motions filed by an agency

8 providing civil legal aid concerning more than one

9 individual may be prepared, presented, and signed

10 electronically.

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

12 and expunge a conviction for a misdemeanor or Class 4

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

14 Control Act. Motions to vacate and expunge under this

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

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

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

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

19 concerning more than one individual may be prepared,

20 presented, and signed electronically. When considering

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

22 consider the following: the reasons to retain the records

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

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

25 the conviction, and the specific adverse consequences if

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

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

2 Attorney shall notify the Prisoner Review Board within 30

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

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

5 a certificate of disposition to the individual whose

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

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

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

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

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

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

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

13 county has standing to file motions to vacate and expunge

14 pursuant to this Section in the circuit court with

15 jurisdiction over the underlying conviction.

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

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

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

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

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

21 pending for an order to summarily dismiss those charges

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

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

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

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

26 2019 (the effective date of Public Act 101-27) for an

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

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

3 been sentenced of the minor cannabis violation eligible

4 for expungement under this subsection, the court shall

5 consider the following: the reasons to retain the records

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

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

8 the conviction, and the specific adverse consequences if

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

10 records shall be expunged in accordance with subparagraph

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

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

13 more convictions for Minor Cannabis Offenses under this

14 subsection (i) shall be released from incarceration upon

15 the issuance of an order under this subsection.

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

17 use the access and review process, established in the

18 Illinois State Police, for verifying that his or her

19 records relating to Minor Cannabis Offenses of the

20 Cannabis Control Act eligible under this Section have been

21 expunged.

22 (9) No conviction vacated pursuant to this Section

23 shall serve as the basis for damages for time unjustly

24 served as provided in the Court of Claims Act.

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

26 expunge an expungeable offense shall not be limited under

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

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

3 before the arrest, charge, or conviction.

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

5 general information on its website about the expungement

6 process described in this subsection (i).

7 (j) Felony Prostitution Convictions.

8 (1) Automatic Sealing of Felony Prostitution Arrests.

9 (A) The Illinois State Police and local law

10 enforcement agencies within the State shall

11 automatically seal the law enforcement records

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

13 charges not initiated by arrest for prostitution if

14 that arrest or charge not initiated by arrest is

15 eligible for sealing under paragraph (2) of subsection

16 (c).

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

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

19 automatically seal the court records and case files

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

21 charges not initiated by arrest for prostitution if

22 that arrest or charge not initiated by arrest is

23 eligible for sealing under paragraph (2) of subsection

24 (c).

25 (C) The automatic sealing described in this

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

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1 1, 2028.

2 (2) Automatic Sealing of Felony Prostitution

3 Convictions.

4 (A) The Illinois State Police and local law

5 enforcement agencies within the State shall

6 automatically seal the law enforcement records

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

8 prostitution if those records are eligible for sealing

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

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

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

12 automatically seal the court records relating to a

13 person's Class 4 felony conviction for prostitution if

14 those records are eligible for sealing under paragraph

15 (2) of subsection (c).

16 (C) The automatic sealing of records described in

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

18 January 1, 2028.

19 (3) Motions to Vacate and Expunge Felony Prostitution

20 Convictions. Any individual may file a motion to vacate

21 and expunge a conviction for a prior Class 4 felony

22 violation of prostitution. Motions to vacate and expunge

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

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

25 the circuit designated by the Chief Judge. When

26 considering the motion to vacate and expunge, a court

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1 shall consider the following:

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

3 law enforcement;

4 (B) the petitioner's age;

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

6 and

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

8 specific adverse consequences if denied. An individual

9 may file the petition after the completion of any

10 sentence or condition imposed by the conviction.

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

12 Attorney may file an objection to the petition along

13 with supporting evidence. If a motion to vacate and

14 expunge is granted, the records shall be expunged in

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

16 Section. An agency providing civil legal aid, as

17 defined in Section 15 of the Public Interest Attorney

18 Assistance Act, assisting individuals seeking to file

19 a motion to vacate and expunge under this subsection

20 may file motions to vacate and expunge with the Chief

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

22 designated by the Chief Judge, and the motion may

23 include more than one individual.

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

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

26 prostitution. Motions to vacate and expunge under this

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

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

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

4 than one individual. When considering the motion to vacate

5 and expunge, a court shall consider the following reasons:

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

7 law enforcement;

8 (B) the petitioner's age;

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

10 (D) the time since the conviction; and

11 (E) the specific adverse consequences if denied.

12 If the State's Attorney files a motion to vacate and

13 expunge records for felony prostitution convictions

14 pursuant to this Section, the State's Attorney shall

15 notify the Prisoner Review Board within 30 days of the

16 filing. If a motion to vacate and expunge is granted, the

17 records shall be expunged in accordance with subparagraph

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

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

20 county has standing to file motions to vacate and expunge

21 pursuant to this Section in the circuit court with

22 jurisdiction over the underlying conviction.

23 (6) The Illinois State Police shall allow a person to

24 ~~a~~ use the access and review process, established in the

25 Illinois State Police, for verifying that his or her

26 records relating to felony prostitution eligible under

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1 this Section have been expunged.

2 (7) 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 (8) Effect of Expungement. A person's right to expunge

6 an expungeable offense shall not be limited under this

7 Section. The effect of an order of expungement shall be to

8 restore the person to the status he or she occupied before

9 the arrest, charge, or conviction.

10 (9) Information. The Illinois State Police shall post

11 general information on its website about the expungement

12 or sealing process described in this subsection (j).

13 (Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;

14 103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.

15 7-1-25; 104-417, eff. 8-15-25; revised 1-20-26.)

16 (Text of Section after amendment by P.A. 104-459)

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

18 (a) General Provisions.

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

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

21 particular context clearly requires a different meaning.

22 (A) The following terms shall have the meanings

23 ascribed to them in the following Sections of the

24 Unified Code of Corrections:

25 Business Offense, Section 5-1-2.

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1 Charge, Section 5-1-3.

2 Court, Section 5-1-6.

3 Defendant, Section 5-1-7.

4 Felony, Section 5-1-9.

5 Imprisonment, Section 5-1-10.

6 Judgment, Section 5-1-12.

7 Misdemeanor, Section 5-1-14.

8 Offense, Section 5-1-15.

9 Parole, Section 5-1-16.

10 Petty Offense, Section 5-1-17.

11 Probation, Section 5-1-18.

12 Sentence, Section 5-1-19.

13 Supervision, Section 5-1-21.

14 Victim, Section 5-1-22.

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

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

17 of the Unified Code of Corrections) brought against a

18 defendant where the defendant is not arrested prior to

19 or as a direct result of the charge.

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

21 sentence entered upon a plea of guilty or upon a

22 verdict or finding of guilty of an offense, rendered

23 by a legally constituted jury or by a court of

24 competent jurisdiction authorized to try the case

25 without a jury. An order of supervision successfully

26 completed by the petitioner is not a conviction. An

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1 order of qualified probation (as defined in subsection

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

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

4 of qualified probation that is terminated

5 unsatisfactorily is a conviction, unless the

6 unsatisfactory termination is reversed, vacated, or

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

8 reversed or vacated.

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

10 business offense, misdemeanor, felony, or municipal

11 ordinance violation (as defined in subsection

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

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

14 be considered a criminal offense.

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

16 records or return them to the petitioner and to

17 obliterate the petitioner's name from any official

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

19 shall require the physical destruction of the circuit

20 court file, but such records relating to arrests or

21 charges, or both, ordered expunged shall be impounded

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

23 (d)(9)(B)(ii).

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

25 the sentence, order of supervision, or order of

26 qualified probation (as defined by subsection

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

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

3 any jurisdiction, regardless of whether the petitioner

4 has included the criminal offense for which the

5 sentence or order of supervision or qualified

6 probation was imposed in his or her petition. If

7 multiple sentences, orders of supervision, or orders

8 of qualified probation terminate on the same day and

9 are last in time, they shall be collectively

10 considered the "last sentence" regardless of whether

11 they were ordered to run concurrently.

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

13 business offense, or Class C misdemeanor under the

14 Illinois Vehicle Code or a similar provision of a

15 municipal or local ordinance.

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

17 of Section 4 or 5 of the Cannabis Control Act

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

19 containing cannabis, provided the violation did not

20 include a penalty enhancement under Section 7 of the

21 Cannabis Control Act and is not associated with an

22 arrest, conviction or other disposition for a violent

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

24 Rights of Crime Victims and Witnesses Act.

25 (H) "Municipal ordinance violation" means an

26 offense defined by a municipal or local ordinance that

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1 is criminal in nature and with which the petitioner

2 was charged or for which the petitioner was arrested

3 and released without charging.

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

5 prosecuted as an adult who has applied for relief

6 under this Section.

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

8 probation under Section 10 of the Cannabis Control

9 Act, Section 410 of the Illinois Controlled Substances

10 Act, Section 70 of the Methamphetamine Control and

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

12 of the Unified Code of Corrections, Section

13 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

14 those provisions existed before their deletion by

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

16 Alcoholism and Other Drug Dependency Act, Section

17 40-10 of the Substance Use Disorder Act, or Section 10

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

19 Section, "successful completion" of an order of

20 qualified probation under Section 10-102 of the

21 Illinois Alcoholism and Other Drug Dependency Act and

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

23 that the probation was terminated satisfactorily and

24 the judgment of conviction was vacated.

25 (K) (i) Except as provided in subdivision (ii),

26 "seal" means to physically and electronically maintain

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1 the records, unless the records would otherwise be

2 destroyed due to age, but to make the records

3 unavailable without a court order, subject to the

4 exceptions in Sections 12 and 13 of this Act. The

5 petitioner's name shall also be obliterated from the

6 official index required to be kept by the circuit

7 court clerk under Section 16 of the Clerks of Courts

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

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

10 affected.

11 (ii) For records subject to relief under

12 subsection (k) of this Section, "seal" means to

13 physically and electronically maintain the records,

14 unless the records would otherwise be destroyed due to

15 age, but to have the records impounded, as defined in

16 paragraph (2) of subsection (b) of Section 5 of the

17 Court Record and Document Accessibility Act. The

18 defendant's name shall also be obliterated from the

19 official index required to be kept by the circuit

20 court clerk under Section 16 of the Clerks of Courts

21 Act. Upon request, and without court order, the

22 circuit court clerk shall provide to the Illinois

23 State Police the disposition information for any

24 record that was ordered to be sealed or impounded

25 pursuant to this Section.

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

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

2 indecent solicitation of a child or criminal sexual

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

4 of age.

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

6 order of supervision or qualified probation includes

7 either satisfactory or unsatisfactory termination of

8 the sentence, unless otherwise specified in this

9 Section. A sentence is terminated notwithstanding any

10 outstanding financial legal obligation.

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

12 convictions for minor traffic offenses shall not affect a

13 petitioner's eligibility to expunge or seal records

14 pursuant to this Section.

15 (2.5) Commencing 180 days after July 29, 2016 (the

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

17 agency issuing the citation shall automatically expunge,

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

19 enforcement records of a person found to have committed a

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

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

22 the Drug Paraphernalia Control Act in the law enforcement

23 agency's possession or control and which contains the

24 final satisfactory disposition which pertain to the person

25 issued a citation for that offense. The law enforcement

26 agency shall provide by rule the process for access,

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1 review, and to confirm the automatic expungement by the

2 law enforcement agency issuing the citation. Commencing

3 180 days after July 29, 2016 (the effective date of Public

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

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

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

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

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

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

10 Section 3.5 of the Drug Paraphernalia Control Act in the

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

12 satisfactory disposition which pertain to the person

13 issued a citation for any of those offenses.

14 (3) Exclusions. Except as otherwise provided in

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

16 of this Section, the court shall not order:

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

18 arrests or charges not initiated by arrest that result

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

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

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

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

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

24 similar provision of a local ordinance, unless the

25 arrest or charge is for a misdemeanor violation of

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

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1 provision of a local ordinance, that occurred prior to

2 the offender reaching the age of 25 years and the

3 offender has no other conviction for violating Section

4 11-501 or 11-503 of the Illinois Vehicle Code or a

5 similar provision of a local ordinance.

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

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

8 unless the petitioner was arrested and released

9 without charging.

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

11 charges not initiated by arrest which result in an

12 order of supervision or a conviction for the following

13 offenses:

14 (i) offenses included in Article 11 of the

15 Criminal Code of 1961 or the Criminal Code of 2012

16 or a similar provision of a local ordinance,

17 except Section 11-14 and a misdemeanor violation

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

19 the Criminal Code of 2012, or a similar provision

20 of a local ordinance;

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

22 26-5, or 48-1 of the Criminal Code of 1961 or the

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

24 local ordinance;

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

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

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1 Section 125 of the Stalking No Contact Order Act,

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

3 or a similar provision of a local ordinance;

4 (iv) Class A misdemeanors or felony offenses

5 under the Humane Care for Animals Act; or

6 (v) any offense or attempted offense that

7 would subject a person to registration under the

8 Sex Offender Registration Act.

9 (D) (blank).

10 (b) Expungement.

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

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

13 initiated by arrest when each arrest or charge not

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

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

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

17 conviction which was vacated or reversed, unless excluded

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

19 such supervision was successfully completed by the

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

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

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

23 successfully completed by the petitioner.

24 (1.5) When a petitioner seeks to have a record of

25 arrest expunged under this Section, and the petitioner has

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

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1 may object to the expungement on the grounds that the

2 records contain specific relevant information aside from

3 the mere fact of the arrest.

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

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

6 arrest sought to be expunged resulted in an acquittal,

7 dismissal, the petitioner's release without charging,

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

9 no waiting period to petition for the expungement of

10 such records.

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

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

13 post-plea diversion program, a petition for

14 expungement may be filed 61 days before the

15 anticipated dismissal of the case or any time

16 thereafter. Upon successful completion of the program

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

18 petition of the person graduating from the program and

19 shall grant expungement if the petitioner meets all

20 requirements as specified in any applicable statute.

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

22 arrest sought to be expunged resulted in an order of

23 supervision, successfully completed by the petitioner,

24 the following time frames will apply:

25 (i) Those arrests or charges that resulted in

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

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1 3-710, or 5-401.3 of the Illinois Vehicle Code or

2 a similar provision of a local ordinance, or under

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

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

5 similar provision of a local ordinance, shall not

6 be eligible for expungement until 5 years have

7 passed following the satisfactory termination of

8 the supervision.

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

10 in orders of supervision for a misdemeanor

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

12 the Illinois Vehicle Code or a similar provision

13 of a local ordinance, that occurred prior to the

14 petitioner reaching the age of 25 years and the

15 petitioner has no other conviction for violating

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

17 Code or a similar provision of a local ordinance

18 shall not be eligible for expungement until the

19 petitioner has reached the age of 25 years.

20 (ii) Those arrests or charges that resulted in

21 orders of supervision for any other offenses shall

22 not be eligible for expungement until 2 years have

23 passed following the satisfactory termination of

24 the supervision.

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

26 arrest sought to be expunged resulted in an order of

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1 qualified probation, successfully completed by the

2 petitioner, such records shall not be eligible for

3 expungement until 5 years have passed following the

4 satisfactory termination of the probation.

5 (3) Those records maintained by the Illinois State

6 Police for persons arrested prior to their 17th birthday

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

8 Juvenile Court Act of 1987.

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

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

11 identity he or she has stolen or otherwise come into

12 possession of, the aggrieved person from whom the identity

13 was stolen or otherwise obtained without authorization,

14 upon learning of the person having been arrested using his

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

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

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

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

19 all official records of the arresting authority, the

20 Illinois State Police, other criminal justice agencies,

21 the prosecutor, and the trial court concerning such

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

23 records in connection with the arrest and conviction, if

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

25 petitioner, if known or ascertainable, in lieu of the

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

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

2 cause shown and the name of the aggrieved person

3 obliterated on the official index required to be kept by

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

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

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

7 order. Nothing in this Section shall limit the Illinois

8 State Police or other criminal justice agencies or

9 prosecutors from listing under a petitioner's name the

10 false names he or she has used.

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

12 sexual assault, aggravated criminal sexual assault,

13 predatory criminal sexual assault of a child, criminal

14 sexual abuse, or aggravated criminal sexual abuse, the

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

16 Attorney of the county in which the conviction occurred

17 file a verified petition with the presiding trial judge at

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

19 seal the records of the circuit court clerk in connection

20 with the proceedings of the trial court concerning that

21 offense. However, the records of the arresting authority

22 and the Illinois State Police concerning the offense shall

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

24 make the records of the circuit court clerk in connection

25 with the proceedings of the trial court concerning the

26 offense available for public inspection.

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

2 review or on collateral attack and the court determines by

3 clear and convincing evidence that the petitioner was

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

5 petitioner factually innocent of the charge shall enter an

6 expungement order for the conviction for which the

7 petitioner has been determined to be innocent as provided

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

9 Corrections.

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

11 State Police from maintaining all records of any person

12 who is admitted to probation upon terms and conditions and

13 who fulfills those terms and conditions pursuant to

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

15 Illinois Controlled Substances Act, Section 70 of the

16 Methamphetamine Control and Community Protection Act,

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

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

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

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

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

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

23 Steroid Control Act.

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

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

26 Procedure, the court that grants the certificate of

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1 innocence shall also enter an order expunging the

2 conviction for which the petitioner has been determined to

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

4 of the Code of Civil Procedure.

5 (c) Sealing.

6 (1) Applicability. Notwithstanding any other provision

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

8 rights to expungement of criminal records, this subsection

9 authorizes the sealing of criminal records of adults and

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

11 Section provides for immediate sealing of certain records.

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

13 sealed:

14 (A) All arrests resulting in release without

15 charging;

16 (B) Arrests or charges not initiated by arrest

17 resulting in acquittal, dismissal, or conviction when

18 the conviction was reversed or vacated, except as

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

20 (C) Arrests or charges not initiated by arrest

21 resulting in orders of supervision, including orders

22 of supervision for municipal ordinance violations,

23 successfully completed by the petitioner, unless

24 excluded by subsection (a)(3);

25 (C-5) Arrests or charges not initiated by arrest

26 resulting in orders of qualified probation;

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1 (D) Arrests or charges not initiated by arrest

2 resulting in convictions with sentences of conditional

3 discharge or probation, completed without revocation

4 by the petitioner, unless otherwise excluded by

5 subsection (a)(3);

6 (E) Arrests or charges not initiated by arrest

7 resulting in misdemeanor convictions not included in

8 subsection (c)(2)(D), including convictions on

9 municipal ordinance violations, unless excluded by

10 subsection (a)(3); and

11 (F) Arrests or charges not initiated by arrest

12 resulting in felony convictions not included in

13 subsection (c)(2)(D) unless otherwise excluded by

14 subsection (a)(3).

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

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

17 sealed as follows:

18 (A) Records identified as eligible under

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

20 any time.

21 (B) Records identified as eligible under

22 subsection (c)(2)(C), (c)(2)(C-5), (c)(2)(D), or

23 (c)(2)(E) may be sealed 2 years after the termination

24 of petitioner's last sentence (as defined in

25 subsection (a)(1)(F)).

26 (C) Except as otherwise provided in subparagraphs

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1 (B) and (E) of this paragraph (3), records identified

2 as eligible under subsection (c)(2)(F) may be sealed 3

3 years after the termination of the petitioner's last

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

5 Convictions requiring public registration under the

6 Arsonist Registry Act, the Sex Offender Registration

7 Act, or the Murderer and Violent Offender Against

8 Youth Registration Act may not be sealed until the

9 petitioner is no longer required to register under

10 that relevant Act.

11 (D) Records identified in subsection

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

13 reached the age of 25 years.

14 (E) Records identified as eligible under

15 subsection (c)(2)(F) may be sealed upon termination of

16 the petitioner's last sentence if the petitioner

17 earned a high school diploma, associate's degree,

18 career certificate, vocational technical

19 certification, or bachelor's degree, or passed the

20 high school level Test of General Educational

21 Development, during the period of his or her sentence

22 or mandatory supervised release. This subparagraph

23 shall apply only to a petitioner who has not completed

24 the same educational goal prior to the period of his or

25 her sentence or mandatory supervised release. If a

26 petition for sealing eligible records filed under this

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1 subparagraph is denied by the court, the time periods

2 under subparagraph (C) shall apply to any subsequent

3 petition for sealing filed by the petitioner.

4 (4) (Blank).

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

6 disposition for an eligible record under this subsection

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

8 right to have the records sealed and the procedures for

9 the sealing of the records.

10 (d) Procedure. The following procedures apply to

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

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

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

14 petition for the expungement or sealing of records under

15 this Section, the petitioner shall file a petition

16 requesting the expungement or sealing of records with the

17 clerk of the court where the arrests occurred or the

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

19 charges were brought in multiple jurisdictions, a petition

20 must be filed in each such jurisdiction. The petitioner

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

22 required if the petitioner has obtained a court order

23 waiving fees under Supreme Court Rule 298 or it is

24 otherwise waived.

25 (1.5) County fee waiver pilot program. From August 9,

26 2019 (the effective date of Public Act 101-306) through

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

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

3 petitioner if the records sought to be expunged or sealed

4 were arrests resulting in release without charging or

5 arrests or charges not initiated by arrest resulting in

6 acquittal, dismissal, or conviction when the conviction

7 was reversed or vacated, unless excluded by subsection

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

9 than this sentence, are inoperative on and after January

10 1, 2022.

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

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

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

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

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

16 the arresting authority, and such other information as the

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

18 the petitioner shall promptly notify the circuit court

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

20 petitioner has received a certificate of eligibility for

21 sealing from the Prisoner Review Board under paragraph

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

23 Code of Corrections, the certificate shall be attached to

24 the petition.

25 (3) (Blank).

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

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1 promptly serve a copy of the petition and documentation to

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

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

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

5 arresting agency, and, for municipal ordinance violations,

6 the chief legal officer of the unit of local government

7 effecting the arrest.

8 (5) Objections.

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

10 may file an objection to the petition. All objections

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

12 court clerk, and shall state with specificity the

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

14 convicted of an offense is granted a pardon by the

15 Governor which specifically authorizes expungement, an

16 objection to the petition may not be filed.

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

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

19 the petition.

20 (6) Entry of order.

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

22 charge was brought, any judge of that circuit

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

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

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

26 petition to expunge or seal as set forth in this

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1 subsection (d)(6).

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

3 Illinois State Police, the arresting agency, or the

4 chief legal officer files an objection to the petition

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

6 service of the petition, the court shall enter an

7 order granting or denying the petition.

8 (C) Notwithstanding any other provision of law,

9 the court shall not deny a petition for sealing under

10 this Section because the petitioner has not satisfied

11 an outstanding legal financial obligation established,

12 imposed, or originated by a court, law enforcement

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

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

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

16 legal financial obligation does not include any court

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

18 the Unified Code of Corrections, unless the

19 restitution has been converted to a civil judgment.

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

21 abrogates a legal financial obligation or otherwise

22 eliminates or affects the right of the holder of any

23 financial obligation to pursue collection under

24 applicable federal, State, or local law.

25 (D) (Blank).

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

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

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

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

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

5 the Illinois State Police as to the appropriateness of the

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

7 hearing, the court shall hear evidence on whether the

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

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

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

11 consider the following:

12 (A) the strength of the evidence supporting the

13 defendant's conviction;

14 (B) the reasons for retention of the conviction

15 records by the State;

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

17 and employment history;

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

19 arrest on the charge resulting in the conviction and

20 the filing of the petition under this Section; and

21 (E) the specific adverse consequences the

22 petitioner may be subject to if the petition is

23 denied.

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

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

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

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1 manner prescribed by the Illinois State Police, to the

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

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

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

5 government effecting the arrest for municipal ordinance

6 violations, and to such other criminal justice agencies as

7 may be ordered by the court. The disposition information

8 for each case or record ordered expunged, sealed, or

9 impounded shall be attached to the order provided to the

10 Illinois State Police.

11 (9) Implementation of order.

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

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

14 both:

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

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

17 the Illinois State Police, and any other agency as

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

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

20 modify, or reconsider the order is filed pursuant

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

22 Section;

23 (ii) the records of the circuit court clerk

24 shall be impounded until further order of the

25 court upon good cause shown and the name of the

26 petitioner obliterated on the official index

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1 required to be kept by the circuit court clerk

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

3 the order shall not affect any index issued by the

4 circuit court clerk before the entry of the order;

5 and

6 (iii) in response to an inquiry for expunged

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

8 the agency receiving such inquiry, shall reply as

9 it does in response to inquiries when no records

10 ever existed.

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

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

13 both:

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

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

16 and any other agency as ordered by the court,

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

18 unless a motion to vacate, modify, or reconsider

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

20 subsection (d) of this Section;

21 (ii) the records of the circuit court clerk

22 shall be impounded until further order of the

23 court upon good cause shown and the name of the

24 petitioner obliterated on the official index

25 required to be kept by the circuit court clerk

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

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1 the order shall not affect any index issued by the

2 circuit court clerk before the entry of the order;

3 (iii) the records shall be impounded by the

4 Illinois State Police within 60 days of the date

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

6 unless a motion to vacate, modify, or reconsider

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

8 subsection (d) of this Section;

9 (iv) records impounded by the Illinois State

10 Police may be disseminated by the Illinois State

11 Police only as required by law or to the arresting

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

13 upon a later arrest for the same or a similar

14 offense or for the purpose of sentencing for any

15 subsequent felony, and to the Department of

16 Corrections upon conviction for any offense; and

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

18 from anyone not authorized by law to access such

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

20 the agency receiving such inquiry shall reply as

21 it does in response to inquiries when no records

22 ever existed.

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

24 under subsection (e-6):

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

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

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1 and any other agency as ordered by the court,

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

3 unless a motion to vacate, modify, or reconsider

4 the order is filed under paragraph (12) of

5 subsection (d) of this Section;

6 (ii) the records of the circuit court clerk

7 shall be impounded until further order of the

8 court upon good cause shown and the name of the

9 petitioner obliterated on the official index

10 required to be kept by the circuit court clerk

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

12 the order shall not affect any index issued by the

13 circuit court clerk before the entry of the order;

14 (iii) the records shall be impounded by the

15 Illinois State Police within 60 days of the date

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

17 unless a motion to vacate, modify, or reconsider

18 the order is filed under paragraph (12) of

19 subsection (d) of this Section;

20 (iv) records impounded by the Illinois State

21 Police may be disseminated by the Illinois State

22 Police only as required by law or to the arresting

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

24 upon a later arrest for the same or a similar

25 offense or for the purpose of sentencing for any

26 subsequent felony, and to the Department of

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1 Corrections upon conviction for any offense; and

2 (v) in response to an inquiry for these

3 records from anyone not authorized by law to

4 access the records, the court, the Illinois State

5 Police, or the agency receiving the inquiry shall

6 reply as it does in response to inquiries when no

7 records ever existed.

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

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

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

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

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

13 such records, from anyone not authorized by law to

14 access such records, the court, the Illinois State

15 Police, or the agency receiving such inquiry shall

16 reply as it does in response to inquiries when no

17 records ever existed.

18 (D) The Illinois State Police shall send written

19 notice to the petitioner of its compliance with each

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

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

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

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

24 order requires the Illinois State Police to expunge or

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

26 circuit court order, the Illinois State Police shall

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1 send written notice to the petitioner of its

2 compliance with an Appellate Court or Supreme Court

3 judgment to expunge or seal records within 60 days of

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

5 required while any motion to vacate, modify, or

6 reconsider, or any appeal or petition for

7 discretionary appellate review, is pending.

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

9 judgment or other court record necessary to

10 demonstrate the amount of any legal financial

11 obligation due and owing be made available for the

12 limited purpose of collecting any legal financial

13 obligations owed by the petitioner that were

14 established, imposed, or originated in the criminal

15 proceeding for which those records have been sealed.

16 The records made available under this subparagraph (E)

17 shall not be entered into the official index required

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

19 of the Clerks of Courts Act and shall be immediately

20 re-impounded upon the collection of the outstanding

21 financial obligations.

22 (F) Notwithstanding any other provision of this

23 Section, a circuit court clerk may access a sealed

24 record for the limited purpose of collecting payment

25 for any legal financial obligations that were

26 established, imposed, or originated in the criminal

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1 proceedings for which those records have been sealed.

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

3 petitioner a fee equivalent to the cost of processing any

4 order to expunge or seal records. Notwithstanding any

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

6 circuit court clerk may charge a fee equivalent to the

7 cost associated with the sealing or expungement of records

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

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

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

11 Operation and Administrative Fund, to be used to offset

12 the costs incurred by the circuit court clerk in

13 performing the additional duties required to serve the

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

15 court clerk shall collect and remit the Illinois State

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

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

18 the record brought under an expungement petition was

19 previously sealed under this Section, the fee for the

20 expungement petition for that same record shall be waived.

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

22 expungement or sealing provisions of this Section shall

23 become final for purposes of appeal until 30 days after

24 service of the order on the petitioner and all parties

25 entitled to notice of the petition.

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

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

2 petitioner or any party entitled to notice may file a

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

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

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

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

7 reconsider shall comply with subsection (c) of Section

8 2-1401 of the Code of Civil Procedure. Upon filing of a

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

10 motion shall be served upon the petitioner and all parties

11 entitled to notice of the petition.

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

13 under the expungement or sealing provisions of this

14 Section shall not be considered void because it fails to

15 comply with the provisions of this Section or because of

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

17 reconsider. The circuit court retains jurisdiction to

18 determine whether the order is voidable and to vacate,

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

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

21 (14) Compliance with Order Granting Petition to Seal

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

23 granting a petition to seal, all parties entitled to

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

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

26 party is seeking relief from the order through a motion

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

2 appealing the order.

3 (15) Compliance with Order Granting Petition to

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

5 order granting the petition to expunge through a motion

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

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

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

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

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

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

12 mandate.

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

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

15 2013 (the effective date of Public Act 98-163) and to all

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

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

18 (17) Upon request, and without court order, the

19 circuit court clerk shall provide the disposition

20 information for any record that was ordered to be sealed

21 or impounded pursuant to this Section to the Illinois

22 State Police.

23 (e) Whenever a person who has been convicted of an offense

24 is granted a pardon by the Governor which specifically

25 authorizes expungement, he or she may, upon verified petition

26 to the Chief Judge of the circuit where the person had been

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1 convicted, any judge of the circuit designated by the Chief

2 Judge, or in counties of less than 3,000,000 inhabitants, the

3 presiding trial judge at the defendant's trial, have a court

4 order entered expunging the record of arrest from the official

5 records of the arresting authority and order that the records

6 of the circuit court clerk and the Illinois State Police be

7 sealed until further order of the court upon good cause shown

8 or as otherwise provided herein, and the name of the defendant

9 obliterated from the official index requested to be kept by

10 the circuit court clerk under Section 16 of the Clerks of

11 Courts Act in connection with the arrest and conviction for

12 the offense for which he or she had been pardoned but the order

13 shall not affect any index issued by the circuit court clerk

14 before the entry of the order. All records sealed by the

15 Illinois State Police may be disseminated by the Illinois

16 State Police only to the arresting authority, the State's

17 Attorney, and the court upon a later arrest for the same or

18 similar offense or for the purpose of sentencing for any

19 subsequent felony. Upon conviction for any subsequent offense,

20 the Department of Corrections shall have access to all sealed

21 records of the Illinois State Police pertaining to that

22 individual. Upon entry of the order of expungement, the

23 circuit court clerk shall promptly mail a copy of the order to

24 the person who was pardoned.

25 (e-5) Whenever a person who has been convicted of an

26 offense is granted a certificate of eligibility for sealing by

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1 the Prisoner Review Board which specifically authorizes

2 sealing, he or she may, upon verified petition to the Chief

3 Judge of the circuit where the person had been convicted, any

4 judge of the circuit designated by the Chief Judge, or in

5 counties of less than 3,000,000 inhabitants, the presiding

6 trial judge at the petitioner's trial, have a court order

7 entered sealing the record of arrest from the official records

8 of the arresting authority and order that the records of the

9 circuit court clerk and the Illinois State Police be sealed

10 until further order of the court upon good cause shown or as

11 otherwise provided herein, and the name of the petitioner

12 obliterated from the official index requested to be kept by

13 the circuit court clerk under Section 16 of the Clerks of

14 Courts Act in connection with the arrest and conviction for

15 the offense for which he or she had been granted the

16 certificate but the order shall not affect any index issued by

17 the circuit court clerk before the entry of the order. All

18 records sealed by the Illinois State Police may be

19 disseminated by the Illinois State Police only as required by

20 this Act or to the arresting authority, a law enforcement

21 agency, the State's Attorney, and the court upon a later

22 arrest for the same or similar offense or for the purpose of

23 sentencing for any subsequent felony. Upon conviction for any

24 subsequent offense, the Department of Corrections shall have

25 access to all sealed records of the Illinois State Police

26 pertaining to that individual. Upon entry of the order of

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1 sealing, the circuit court clerk shall promptly mail a copy of

2 the order to the person who was granted the certificate of

3 eligibility for sealing.

4 (e-6) Whenever a person who has been convicted of an

5 offense is granted a certificate of eligibility for

6 expungement by the Prisoner Review Board which specifically

7 authorizes expungement, he or she may, upon verified petition

8 to the Chief Judge of the circuit where the person had been

9 convicted, any judge of the circuit designated by the Chief

10 Judge, or in counties of less than 3,000,000 inhabitants, the

11 presiding trial judge at the petitioner's trial, have a court

12 order entered expunging the record of arrest from the official

13 records of the arresting authority and order that the records

14 of the circuit court clerk and the Illinois State Police be

15 sealed until further order of the court upon good cause shown

16 or as otherwise provided herein, and the name of the

17 petitioner obliterated from the official index requested to be

18 kept by the circuit court clerk under Section 16 of the Clerks

19 of Courts Act in connection with the arrest and conviction for

20 the offense for which he or she had been granted the

21 certificate but the order shall not affect any index issued by

22 the circuit court clerk before the entry of the order. All

23 records sealed by the Illinois State Police may be

24 disseminated by the Illinois State Police only as required by

25 this Act or to the arresting authority, a law enforcement

26 agency, the State's Attorney, and the court upon a later

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1 arrest for the same or similar offense or for the purpose of

2 sentencing for any subsequent felony. Upon conviction for any

3 subsequent offense, the Department of Corrections shall have

4 access to all expunged records of the Illinois State Police

5 pertaining to that individual. Upon entry of the order of

6 expungement, the circuit court clerk shall promptly mail a

7 copy of the order to the person who was granted the certificate

8 of eligibility for expungement.

9 (f) Subject to available funding, the Illinois Department

10 of Corrections shall conduct a study of the impact of sealing,

11 especially on employment and recidivism rates, utilizing a

12 random sample of those who apply for the sealing of their

13 criminal records under Public Act 93-211. At the request of

14 the Illinois Department of Corrections, records of the

15 Illinois Department of Employment Security shall be utilized

16 as appropriate to assist in the study. The study shall not

17 disclose any data in a manner that would allow the

18 identification of any particular individual or employing unit.

19 The study shall be made available to the General Assembly no

20 later than September 1, 2010.

21 (g) Immediate Sealing.

22 (1) Applicability. Notwithstanding any other provision

23 of this Act to the contrary, and cumulative with any

24 rights to expungement or sealing of criminal records, this

25 subsection authorizes the immediate sealing of criminal

26 records of adults and of minors prosecuted as adults.

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1 (2) Eligible Records. Arrests or charges not initiated

2 by arrest resulting in acquittal or dismissal with

3 prejudice, except as excluded by subsection (a)(3)(B),

4 that occur on or after January 1, 2018 (the effective date

5 of Public Act 100-282), may be sealed immediately if the

6 petition is filed with the circuit court clerk on the same

7 day and during the same hearing in which the case is

8 disposed.

9 (3) When Records are Eligible to be Immediately

10 Sealed. Eligible records under paragraph (2) of this

11 subsection (g) may be sealed immediately after entry of

12 the final disposition of a case, notwithstanding the

13 disposition of other charges in the same case.

14 (4) Notice of Eligibility for Immediate Sealing. Upon

15 entry of a disposition for an eligible record under this

16 subsection (g), the defendant shall be informed by the

17 court of his or her right to have eligible records

18 immediately sealed and the procedure for the immediate

19 sealing of these records.

20 (5) Procedure. The following procedures apply to

21 immediate sealing under this subsection (g).

22 (A) Filing the Petition. Upon entry of the final

23 disposition of the case, the defendant's attorney may

24 immediately petition the court, on behalf of the

25 defendant, for immediate sealing of eligible records

26 under paragraph (2) of this subsection (g) that are

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1 entered on or after January 1, 2018 (the effective

2 date of Public Act 100-282). The immediate sealing

3 petition may be filed with the circuit court clerk

4 during the hearing in which the final disposition of

5 the case is entered. If the defendant's attorney does

6 not file the petition for immediate sealing during the

7 hearing, the defendant may file a petition for sealing

8 at any time as authorized under subsection (c)(3)(A).

9 (B) Contents of Petition. The immediate sealing

10 petition shall be verified and shall contain the

11 petitioner's name, date of birth, current address, and

12 for each eligible record, the case number, the date of

13 arrest if applicable, the identity of the arresting

14 authority if applicable, and other information as the

15 court may require.

16 (C) Drug Test. The petitioner shall not be

17 required to attach proof that he or she has passed a

18 drug test.

19 (D) Service of Petition. A copy of the petition

20 shall be served on the State's Attorney in open court.

21 The petitioner shall not be required to serve a copy of

22 the petition on any other agency.

23 (E) Entry of Order. The presiding trial judge

24 shall enter an order granting or denying the petition

25 for immediate sealing during the hearing in which it

26 is filed. Petitions for immediate sealing shall be

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1 ruled on in the same hearing in which the final

2 disposition of the case is entered.

3 (F) Hearings. The court shall hear the petition

4 for immediate sealing on the same day and during the

5 same hearing in which the disposition is rendered.

6 (G) Service of Order. An order to immediately seal

7 eligible records shall be served in conformance with

8 subsection (d)(8).

9 (H) Implementation of Order. An order to

10 immediately seal records shall be implemented in

11 conformance with subsections (d)(9)(C) and (d)(9)(D).

12 (I) Fees. The fee imposed by the circuit court

13 clerk and the Illinois State Police shall comply with

14 paragraph (1) of subsection (d) of this Section.

15 (J) Final Order. No court order issued under this

16 subsection (g) shall become final for purposes of

17 appeal until 30 days after service of the order on the

18 petitioner and all parties entitled to service of the

19 order in conformance with subsection (d)(8).

20 (K) Motion to Vacate, Modify, or Reconsider. Under

21 Section 2-1203 of the Code of Civil Procedure, the

22 petitioner, State's Attorney, or the Illinois State

23 Police may file a motion to vacate, modify, or

24 reconsider the order denying the petition to

25 immediately seal within 60 days of service of the

26 order. If filed more than 60 days after service of the

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1 order, a petition to vacate, modify, or reconsider

2 shall comply with subsection (c) of Section 2-1401 of

3 the Code of Civil Procedure.

4 (L) Effect of Order. An order granting an

5 immediate sealing petition shall not be considered

6 void because it fails to comply with the provisions of

7 this Section or because of an error asserted in a

8 motion to vacate, modify, or reconsider. The circuit

9 court retains jurisdiction to determine whether the

10 order is voidable, and to vacate, modify, or

11 reconsider its terms based on a motion filed under

12 subparagraph (L) of this subsection (g).

13 (M) Compliance with Order Granting Petition to

14 Seal Records. Unless a court has entered a stay of an

15 order granting a petition to immediately seal, all

16 parties entitled to service of the order must fully

17 comply with the terms of the order within 60 days of

18 service of the order.

19 (h) Sealing or vacation and expungement of trafficking

20 victims' crimes.

21 (1) A trafficking victim, as defined by paragraph (10)

22 of subsection (a) of Section 10-9 of the Criminal Code of

23 2012, may petition for vacation and expungement or

24 immediate sealing of his or her criminal record upon the

25 completion of his or her last sentence if his or her

26 participation in the underlying offense was a result of

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1 human trafficking under Section 10-9 of the Criminal Code

2 of 2012 or a severe form of trafficking under the federal

3 Trafficking Victims Protection Act.

4 (1.5) A petition under paragraph (1) shall be

5 prepared, signed, and filed in accordance with Supreme

6 Court Rule 9. The court may allow the petitioner to attend

7 any required hearing remotely in accordance with local

8 rules. The court may allow a petition to be filed under

9 seal if the public filing of the petition would constitute

10 a risk of harm to the petitioner.

11 (2) A petitioner under this subsection (h), in

12 addition to the requirements provided under paragraph (4)

13 of subsection (d) of this Section, shall include in his or

14 her petition a clear and concise statement that: (A) he or

15 she was a victim of human trafficking at the time of the

16 offense; and (B) that his or her participation in the

17 offense was a result of human trafficking under Section

18 10-9 of the Criminal Code of 2012 or a severe form of

19 trafficking under the federal Trafficking Victims

20 Protection Act.

21 (3) If an objection is filed alleging that the

22 petitioner is not entitled to vacation and expungement or

23 immediate sealing under this subsection (h), the court

24 shall conduct a hearing under paragraph (7) of subsection

25 (d) of this Section and the court shall determine whether

26 the petitioner is entitled to vacation and expungement or

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1 immediate sealing under this subsection (h). A petitioner

2 is eligible for vacation and expungement or immediate

3 relief under this subsection (h) if he or she shows, by a

4 preponderance of the evidence, that: (A) he or she was a

5 victim of human trafficking at the time of the offense;

6 and (B) that his or her participation in the offense was a

7 result of human trafficking under Section 10-9 of the

8 Criminal Code of 2012 or a severe form of trafficking

9 under the federal Trafficking Victims Protection Act.

10 (i) Minor Cannabis Offenses under the Cannabis Control

11 Act.

12 (1) Expungement of Arrest Records of Minor Cannabis

13 Offenses.

14 (A) The Illinois State Police and all law

15 enforcement agencies within the State shall

16 automatically expunge all criminal history records of

17 an arrest, charge not initiated by arrest, order of

18 supervision, or order of qualified probation for a

19 Minor Cannabis Offense committed prior to June 25,

20 2019 (the effective date of Public Act 101-27) if:

21 (i) One year or more has elapsed since the

22 date of the arrest or law enforcement interaction

23 documented in the records; and

24 (ii) No criminal charges were filed relating

25 to the arrest or law enforcement interaction or

26 criminal charges were filed and subsequently

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1 dismissed or vacated or the arrestee was

2 acquitted.

3 (B) If the law enforcement agency is unable to

4 verify satisfaction of condition (ii) in paragraph

5 (A), records that satisfy condition (i) in paragraph

6 (A) shall be automatically expunged.

7 (C) Records shall be expunged by the law

8 enforcement agency under the following timelines:

9 (i) Records created prior to June 25, 2019

10 (the effective date of Public Act 101-27), but on

11 or after January 1, 2013, shall be automatically

12 expunged prior to January 1, 2021;

13 (ii) Records created prior to January 1, 2013,

14 but on or after January 1, 2000, shall be

15 automatically expunged prior to January 1, 2023;

16 (iii) Records created prior to January 1, 2000

17 shall be automatically expunged prior to January

18 1, 2025.

19 In response to an inquiry for expunged records,

20 the law enforcement agency receiving such inquiry

21 shall reply as it does in response to inquiries when no

22 records ever existed; however, it shall provide a

23 certificate of disposition or confirmation that the

24 record was expunged to the individual whose record was

25 expunged if such a record exists.

26 (D) Nothing in this Section shall be construed to

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1 restrict or modify an individual's right to have that

2 individual's records expunged except as otherwise may

3 be provided in this Act, or diminish or abrogate any

4 rights or remedies otherwise available to the

5 individual.

6 (2) Pardons Authorizing Expungement of Minor Cannabis

7 Offenses.

8 (A) Upon June 25, 2019 (the effective date of

9 Public Act 101-27), the Department of State Police

10 shall review all criminal history record information

11 and identify all records that meet all of the

12 following criteria:

13 (i) one or more convictions for a Minor

14 Cannabis Offense;

15 (ii) the conviction identified in paragraph

16 (2)(A)(i) did not include a penalty enhancement

17 under Section 7 of the Cannabis Control Act; and

18 (iii) the conviction identified in paragraph

19 (2)(A)(i) is not associated with a conviction for

20 a violent crime as defined in subsection (c) of

21 Section 3 of the Rights of Crime Victims and

22 Witnesses Act.

23 (B) Within 180 days after June 25, 2019 (the

24 effective date of Public Act 101-27), the Department

25 of State Police shall notify the Prisoner Review Board

26 of all such records that meet the criteria established

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1 in paragraph (2)(A).

2 (i) The Prisoner Review Board shall notify the

3 State's Attorney of the county of conviction of

4 each record identified by State Police in

5 paragraph (2)(A) that is classified as a Class 4

6 felony. The State's Attorney may provide a written

7 objection to the Prisoner Review Board on the sole

8 basis that the record identified does not meet the

9 criteria established in paragraph (2)(A). Such an

10 objection must be filed within 60 days or by such

11 later date set by the Prisoner Review Board in the

12 notice after the State's Attorney received notice

13 from the Prisoner Review Board.

14 (ii) In response to a written objection from a

15 State's Attorney, the Prisoner Review Board is

16 authorized to conduct a non-public hearing to

17 evaluate the information provided in the

18 objection.

19 (iii) The Prisoner Review Board shall make a

20 confidential and privileged recommendation to the

21 Governor as to whether to grant a pardon

22 authorizing expungement for each of the records

23 identified by the Department of State Police as

24 described in paragraph (2)(A).

25 (C) If an individual has been granted a pardon

26 authorizing expungement as described in this Section,

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1 the Prisoner Review Board, through the Attorney

2 General, shall file a petition for expungement with

3 the Chief Judge of the circuit or any judge of the

4 circuit designated by the Chief Judge where the

5 individual had been convicted. Such petition may

6 include more than one individual. Whenever an

7 individual who has been convicted of an offense is

8 granted a pardon by the Governor that specifically

9 authorizes expungement, an objection to the petition

10 may not be filed. Petitions to expunge under this

11 subsection (i) may include more than one individual.

12 Within 90 days of the filing of such a petition, the

13 court shall enter an order expunging the records of

14 arrest from the official records of the arresting

15 authority and order that the records of the circuit

16 court clerk and the Illinois State Police be expunged

17 and the name of the defendant obliterated from the

18 official index requested to be kept by the circuit

19 court clerk under Section 16 of the Clerks of Courts

20 Act in connection with the arrest and conviction for

21 the offense for which the individual had received a

22 pardon but the order shall not affect any index issued

23 by the circuit court clerk before the entry of the

24 order. Upon entry of the order of expungement, the

25 circuit court clerk shall promptly provide a copy of

26 the order and a certificate of disposition to the

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1 individual who was pardoned to the individual's last

2 known address or by electronic means (if available) or

3 otherwise make it available to the individual upon

4 request.

5 (D) Nothing in this Section is intended to

6 diminish or abrogate any rights or remedies otherwise

7 available to the individual.

8 (3) Any individual may file a motion to vacate and

9 expunge a conviction for a misdemeanor or Class 4 felony

10 violation of Section 4 or Section 5 of the Cannabis

11 Control Act. Motions to vacate and expunge under this

12 subsection (i) may be filed with the circuit court, Chief

13 Judge of a judicial circuit or any judge of the circuit

14 designated by the Chief Judge. The circuit court clerk

15 shall promptly serve a copy of the motion to vacate and

16 expunge, and any supporting documentation, on the State's

17 Attorney or prosecutor charged with the duty of

18 prosecuting the offense. When considering such a motion to

19 vacate and expunge, a court shall consider the following:

20 the reasons to retain the records provided by law

21 enforcement, the petitioner's age, the petitioner's age at

22 the time of offense, the time since the conviction, and

23 the specific adverse consequences if denied. An individual

24 may file such a petition after the completion of any

25 non-financial sentence or non-financial condition imposed

26 by the conviction. Within 60 days of the filing of such

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1 motion, a State's Attorney may file an objection to such a

2 petition along with supporting evidence. If a motion to

3 vacate and expunge is granted, the records shall be

4 expunged in accordance with subparagraphs (d)(8) and

5 (d)(9)(A) of this Section. An agency providing civil legal

6 aid, as defined by Section 15 of the Public Interest

7 Attorney Assistance Act, assisting individuals seeking to

8 file a motion to vacate and expunge under this subsection

9 may file motions to vacate and expunge with the Chief

10 Judge of a judicial circuit or any judge of the circuit

11 designated by the Chief Judge, and the motion may include

12 more than one individual. Motions filed by an agency

13 providing civil legal aid concerning more than one

14 individual may be prepared, presented, and signed

15 electronically.

16 (4) Any State's Attorney may file a motion to vacate

17 and expunge a conviction for a misdemeanor or Class 4

18 felony violation of Section 4 or Section 5 of the Cannabis

19 Control Act. Motions to vacate and expunge under this

20 subsection (i) may be filed with the circuit court, Chief

21 Judge of a judicial circuit or any judge of the circuit

22 designated by the Chief Judge, and may include more than

23 one individual. Motions filed by a State's Attorney

24 concerning more than one individual may be prepared,

25 presented, and signed electronically. When considering

26 such a motion to vacate and expunge, a court shall

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1 consider the following: the reasons to retain the records

2 provided by law enforcement, the individual's age, the

3 individual's age at the time of offense, the time since

4 the conviction, and the specific adverse consequences if

5 denied. Upon entry of an order granting a motion to vacate

6 and expunge records pursuant to this Section, the State's

7 Attorney shall notify the Prisoner Review Board within 30

8 days. Upon entry of the order of expungement, the circuit

9 court clerk shall promptly provide a copy of the order and

10 a certificate of disposition to the individual whose

11 records will be expunged to the individual's last known

12 address or by electronic means (if available) or otherwise

13 make available to the individual upon request. If a motion

14 to vacate and expunge is granted, the records shall be

15 expunged in accordance with subparagraphs (d)(8) and

16 (d)(9)(A) of this Section.

17 (5) In the public interest, the State's Attorney of a

18 county has standing to file motions to vacate and expunge

19 pursuant to this Section in the circuit court with

20 jurisdiction over the underlying conviction.

21 (6) If a person is arrested for a Minor Cannabis

22 Offense as defined in this Section before June 25, 2019

23 (the effective date of Public Act 101-27) and the person's

24 case is still pending but a sentence has not been imposed,

25 the person may petition the court in which the charges are

26 pending for an order to summarily dismiss those charges

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1 against him or her, and expunge all official records of

2 his or her arrest, plea, trial, conviction, incarceration,

3 supervision, or expungement. If the court determines, upon

4 review, that: (A) the person was arrested before June 25,

5 2019 (the effective date of Public Act 101-27) for an

6 offense that has been made eligible for expungement; (B)

7 the case is pending at the time; and (C) the person has not

8 been sentenced of the minor cannabis violation eligible

9 for expungement under this subsection, the court shall

10 consider the following: the reasons to retain the records

11 provided by law enforcement, the petitioner's age, the

12 petitioner's age at the time of offense, the time since

13 the conviction, and the specific adverse consequences if

14 denied. If a motion to dismiss and expunge is granted, the

15 records shall be expunged in accordance with subparagraph

16 (d)(9)(A) of this Section.

17 (7) A person imprisoned solely as a result of one or

18 more convictions for Minor Cannabis Offenses under this

19 subsection (i) shall be released from incarceration upon

20 the issuance of an order under this subsection.

21 (8) The Illinois State Police shall allow a person to

22 use the access and review process, established in the

23 Illinois State Police, for verifying that his or her

24 records relating to Minor Cannabis Offenses of the

25 Cannabis Control Act eligible under this Section have been

26 expunged.

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1 (9) No conviction vacated pursuant to this Section

2 shall serve as the basis for damages for time unjustly

3 served as provided in the Court of Claims Act.

4 (10) Effect of Expungement. A person's right to

5 expunge an expungeable offense shall not be limited under

6 this Section. The effect of an order of expungement shall

7 be to restore the person to the status he or she occupied

8 before the arrest, charge, or conviction.

9 (11) Information. The Illinois State Police shall post

10 general information on its website about the expungement

11 process described in this subsection (i).

12 (j) Felony Prostitution Convictions.

13 (1) Automatic Sealing of Felony Prostitution Arrests.

14 (A) The Illinois State Police and local law

15 enforcement agencies within the State shall

16 automatically seal the law enforcement records

17 relating to a person's Class 4 felony arrests and

18 charges not initiated by arrest for prostitution if

19 that arrest or charge not initiated by arrest is

20 eligible for sealing under paragraph (2) of subsection

21 (c).

22 (B) In the absence of a court order or upon the

23 order of a court, the clerk of the circuit court shall

24 automatically seal the court records and case files

25 relating to a person's Class 4 felony arrests and

26 charges not initiated by arrest for prostitution if

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1 that arrest or charge not initiated by arrest is

2 eligible for sealing under paragraph (2) of subsection

3 (c).

4 (C) The automatic sealing described in this

5 paragraph (1) shall be completed no later than January

6 1, 2028.

7 (2) Automatic Sealing of Felony Prostitution

8 Convictions.

9 (A) The Illinois State Police and local law

10 enforcement agencies within the State shall

11 automatically seal the law enforcement records

12 relating to a person's Class 4 felony conviction for

13 prostitution if those records are eligible for sealing

14 under paragraph (2) of subsection (c).

15 (B) In the absence of a court order or upon the

16 order of a court, the clerk of the circuit court shall

17 automatically seal the court records relating to a

18 person's Class 4 felony conviction for prostitution if

19 those records are eligible for sealing under paragraph

20 (2) of subsection (c).

21 (C) The automatic sealing of records described in

22 this paragraph (2) shall be completed no later than

23 January 1, 2028.

24 (3) Motions to Vacate and Expunge Felony Prostitution

25 Convictions. Any individual may file a motion to vacate

26 and expunge a conviction for a prior Class 4 felony

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1 violation of prostitution. Motions to vacate and expunge

2 under this subsection (j) may be filed with the circuit

3 court, Chief Judge of a judicial circuit, or any judge of

4 the circuit designated by the Chief Judge. When

5 considering the motion to vacate and expunge, a court

6 shall consider the following:

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 and

12 (D) the time since the conviction, and the

13 specific adverse consequences if denied. An individual

14 may file the petition after the completion of any

15 sentence or condition imposed by the conviction.

16 Within 60 days of the filing of the motion, a State's

17 Attorney may file an objection to the petition along

18 with supporting evidence. If a motion to vacate and

19 expunge is granted, the records shall be expunged in

20 accordance with subparagraph (d)(9)(A) of this

21 Section. An agency providing civil legal aid, as

22 defined in Section 15 of the Public Interest Attorney

23 Assistance Act, assisting individuals seeking to file

24 a motion to vacate and expunge under this subsection

25 may file motions to vacate and expunge with the Chief

26 Judge of a judicial circuit or any judge of the circuit

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1 designated by the Chief Judge, and the motion may

2 include more than one individual.

3 (4) Any State's Attorney may file a motion to vacate

4 and expunge a conviction for a Class 4 felony violation of

5 prostitution. Motions to vacate and expunge under this

6 subsection (j) may be filed with the circuit court, Chief

7 Judge of a judicial circuit, or any judge of the circuit

8 court designated by the Chief Judge, and may include more

9 than one individual. When considering the motion to vacate

10 and expunge, a court shall consider the following reasons:

11 (A) the reasons to retain the records provided by

12 law enforcement;

13 (B) the petitioner's age;

14 (C) the petitioner's age at the time of offense;

15 (D) the time since the conviction; and

16 (E) the specific adverse consequences if denied.

17 If the State's Attorney files a motion to vacate and

18 expunge records for felony prostitution convictions

19 pursuant to this Section, the State's Attorney shall

20 notify the Prisoner Review Board within 30 days of the

21 filing. If a motion to vacate and expunge is granted, the

22 records shall be expunged in accordance with subparagraph

23 (d)(9)(A) of this Section.

24 (5) In the public interest, the State's Attorney of a

25 county has standing to file motions to vacate and expunge

26 pursuant to this Section in the circuit court with

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1 jurisdiction over the underlying conviction.

2 (6) The Illinois State Police shall allow a person to

3 ~~a~~ use the access and review process, established in the

4 Illinois State Police, for verifying that his or her

5 records relating to felony prostitution eligible under

6 this Section have been expunged.

7 (7) No conviction vacated pursuant to this Section

8 shall serve as the basis for damages for time unjustly

9 served as provided in the Court of Claims Act.

10 (8) Effect of Expungement. A person's right to expunge

11 an expungeable offense shall not be limited under this

12 Section. The effect of an order of expungement shall be to

13 restore the person to the status he or she occupied before

14 the arrest, charge, or conviction.

15 (9) Information. The Illinois State Police shall post

16 general information on its website about the expungement

17 or sealing process described in this subsection (j).

18 (k) Automatic Sealing.

19 (1) Applicability. Notwithstanding any other provision

20 of this Act, and cumulative with any rights to expungement

21 or sealing of criminal records, this subsection authorizes

22 the automatic sealing of criminal records of adults and of

23 minors prosecuted as adults. Any duties imposed upon the

24 Illinois State Police by this Act are subject to

25 appropriations being made for that purpose to the State

26 Police Services Fund. Any duties imposed upon circuit

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1 clerks by this Act are subject to appropriations being

2 made for that purpose to the Circuit Court Clerk Operation

3 and Administrative Fund.

4 (2) Beginning January 1, 2029, records created on or

5 after January 1, 1970 that meet the eligibility criteria

6 in paragraph (k)(3) and timing criteria in paragraph

7 (k)(4) or (k)(5) shall be automatically sealed without the

8 filing of a petition. The Illinois State Police shall

9 identify eligible records, automatically seal eligible

10 records, and provide an electronic notice to circuit

11 clerks, by means of the applicable e-filing system.

12 Commencing January 1, 2029, the Illinois State Police

13 shall, at least quarterly, seal all records identified as

14 subject to automatic sealing in paragraph (k)(3) and

15 meeting time requirements under paragraph (k)(5). At least

16 quarterly, the Illinois State Police shall electronically

17 notify each circuit court of all previously unidentified

18 records originating in that county for which a record is

19 subject to automatic sealing pursuant to this subsection.

20 Upon receipt of notice from the Illinois State Police,

21 circuit clerks shall seal records as that term is defined

22 in subsection (a)(1)(K)(ii). For records held

23 electronically, circuit clerks shall seal records within

24 90 days of notice from the Illinois State Police. For

25 records not held electronically, circuit clerks shall

26 ensure that the individual's name is obliterated from the

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1 official index required to be kept by the circuit court

2 clerk under Section 16 of the Clerks of Courts Act and

3 shall also ensure that the permanent record, as defined by

4 the Supreme Court, is sealed as defined in subsection

5 (a)(1)(K)(ii) before anyone not authorized by law is able

6 to access the physical records.

7 For all records created before January 1, 2029, the

8 following timelines shall apply:

9 (A) Records created prior to January 1, 2029 but

10 on or after July 1, 2005 shall be identified and sealed

11 by the Illinois State Police, with notice provided to

12 circuit clerks by means of the applicable e-filing

13 system, by January 1, 2030. Circuit clerks shall seal

14 records in accordance with the procedures established

15 in this Section by January 1, 2031.

16 (B) Records created prior to July 1, 2005 but on or

17 after July 1, 1990 shall be identified and sealed by

18 the Illinois State Police, with notice provided to

19 circuit clerks by means of the applicable e-filing

20 system, by January 1, 2031. Circuit clerks shall seal

21 records in accordance with the procedures established

22 in this Section by January 1, 2032.

23 (C) Records created prior to July 1, 1990 but on or

24 after July 1, 1970 shall be identified and sealed by

25 the Illinois State Police, with notice provided to

26 circuit clerks by means of the applicable e-filing

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1 system, by January 1, 2032. Circuit clerks shall seal

2 records in accordance with the procedures established

3 in this Section by January 1, 2034.

4 (3) Records listed in subsection (c)(2) are eligible

5 for automatic record sealing unless excluded by subsection

6 (a)(3) or in this paragraph (3):

7 (A) Records are not eligible for automatic sealing

8 while the subject of the record is serving a sentence,

9 order of supervision, or order of qualified probation

10 for a criminal offense in this State. Records are not

11 eligible for automatic sealing if the subject of the

12 record has pending filed charges. For the purposes of

13 determining if a charge is pending, if the Illinois

14 State Police is otherwise unable to determine

15 disposition status, misdemeanor charges shall not be

16 considered pending if one year has elapsed since the

17 filing of charges and felony charges shall not be

18 considered pending if 7 years have elapsed since the

19 filing of charges.

20 (B) Records of conviction for offenses included in

21 Article 9 or 11 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, for felonies designated as

23 Class X, and for felonies that require public

24 registration under the Sex Offender Registration Act

25 are not eligible for automatic sealing.

26 Notwithstanding this subparagraph, offenses included

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1 in Section 11-14 of the Criminal Code of 1961 or the

2 Criminal Code of 2012 are eligible for automatic

3 sealing. A conviction of a crime of violence, as that

4 term is defined in Section 20 of the Drug Court

5 Treatment Act, is not eligible for automatic sealing.

6 A conviction of trafficking in persons, involuntary

7 servitude, or involuntary sexual servitude of a minor,

8 a conviction of organized retail crime, a conviction

9 of robbery, a conviction of vehicular hijacking, a

10 conviction of burglary that is a Class 1 or 2 felony,

11 or a conviction of residential burglary, as those

12 terms are used in Sections 10-9, 16-25.1, 18-1, 18-3,

13 19-1, and 19-3 of the Criminal Code of 2012, is not

14 eligible for automatic sealing. Convictions requiring

15 public registration under the Arsonist Registration

16 Act or the Murderer and Violent Offender Against Youth

17 Registration Act are not eligible for automatic

18 sealing until the petitioner is no longer required to

19 register under the relevant Act.

20 (C) Records with the same case number as a

21 conviction listed in subparagraph (B) are not eligible

22 for automatic sealing.

23 (D) Felony conviction records are not eligible for

24 automatic sealing until all felony conviction records

25 eligible for automatic sealing for the subject of the

26 record have met the time requirements in paragraph

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1 (5).

2 (4) Automatic Sealing of Nonconviction Records.

3 Arrests or charges not initiated by arrest resulting in

4 acquittal or dismissal, except as excluded by subsection

5 (a)(3)(B), that occur on or after January 1, 2029 shall be

6 sealed immediately after entry of the final disposition of

7 a case, except as provided in subsection (k)(3)(C). Upon

8 entry of a disposition for an eligible record under this

9 paragraph, the defendant shall be informed by the court

10 that the defendant's eligible records will be immediately

11 sealed and the procedure for the immediate sealing of

12 these records. The court shall enter an order sealing the

13 record after entry of the final disposition of a case.

14 After sealing records pursuant to this paragraph, the

15 circuit court clerk must provide notice of sealing to the

16 Illinois State Police and to the arresting agency in a

17 form and manner prescribed by the Supreme Court. The

18 circuit clerk shall provide this notice within 30 days of

19 sealing the record and may do so electronically. An order

20 to immediately seal records shall be implemented in

21 conformance with paragraph (8).

22 (5) When Records are Subject to Automatic Sealing.

23 (A) Records of arrest resulting in release without

24 charging and records of arrests or charges not

25 initiated by arrest resulting in acquittal, dismissal,

26 or conviction when the conviction was reversed or

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1 vacated are subject to automatic sealing immediately.

2 (B) Records of arrests or charges not initiated by

3 arrest resulting in orders of supervision, including

4 orders of supervision for municipal ordinance

5 violations, resulting in orders of qualified

6 probation, are subject to automatic sealing if 2 years

7 have elapsed since the termination of the order of

8 supervision or qualified probation.

9 (C) Arrests or charges not initiated by arrest

10 resulting in misdemeanor convictions are subject to

11 automatic sealing if two years have elapsed since the

12 termination of the sentence associated with the

13 record.

14 (D) Arrests or charges not initiated by arrest

15 resulting in convictions for felony offenses are

16 subject to automatic sealing if 3 years have elapsed

17 since the termination of the sentence associated with

18 the record.

19 (E) For the purposes of determining if the

20 timelines in this paragraph (5) have been met, the

21 Illinois State Police shall consider records in its

22 possession and, in the absence of disposition or

23 sentence termination records, shall deem sentences

24 terminated based on the sentence or supervision term

25 length information in its possession. In the absence

26 of a known term length of probation or conditional

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1 discharge, the Illinois State Police shall deem a term

2 completed if the maximum probation or conditional

3 discharge term length for the statutory class of the

4 offense has elapsed since the disposition date.

5 (6) Notice. At least monthly, the circuit court clerk

6 shall provide notice to each arresting agency of all

7 records sealed under this subsection. The circuit court

8 clerk may provide this notice electronically.

9 (7) Implementation.

10 (A) Upon notice of sealing provided by the circuit

11 court clerk, the arresting agency and any other agency

12 receiving notice of sealing shall seal the records

13 under the procedures in subsections (a)(1)(K) and

14 (d)(9)(C).

15 (B) In response to an inquiry for the sealed

16 records from anyone not authorized by law to access

17 the records, the court, the Illinois State Police, the

18 arresting agency, or the prosecuting agency receiving

19 the inquiry shall reply as it does in response to

20 inquiries when no records ever existed.

21 (C) Each circuit court that has sealed a record

22 shall make those records available to the subject of

23 the record, or an attorney representing the subject of

24 the record, without court order within 7 days.

25 (8) Upon request, the circuit court clerk shall

26 provide disposition information for any record sealed

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1 pursuant to this subsection to the Illinois State Police,

2 the arresting agency, the State's Attorney, or prosecutor

3 that prosecuted the offense. If the Illinois State Police,

4 arresting agency, State's Attorney, or prosecutor that

5 prosecuted the offense determine a record has been

6 improperly sealed pursuant to this subsection, the

7 Illinois State Police, arresting agency, State's Attorney,

8 or prosecutor that prosecuted the offense may file a

9 petition to unseal the record with the court that entered

10 the original record. If the court determines the record

11 was improperly sealed, the court shall enter an order

12 unsealing the record.

13 (9) Records sealed under this subsection shall be used

14 and disseminated by the Illinois State Police only as

15 required or authorized by a federal or State law, rule, or

16 regulation that requires inquiry into and release of

17 criminal records. The Department of Corrections shall have

18 access to all sealed records of the Illinois State Police

19 pertaining to individuals committed or confined within or

20 sentenced to a term of imprisonment within a correctional

21 institution or facility.

22 (10) The Illinois State Police shall allow a person to

23 use the access and review process, established by the

24 Illinois State Police, for verifying that the person's

25 records eligible under this subsection have been sealed.

26 As part of the access and review process, upon request,

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1 the Illinois State Police shall provide the subject of the

2 record written confirmation that the record was sealed

3 under this subsection.

4 (11) An individual may challenge the individual's

5 record and request corrections, including the sealing of

6 records eligible under this subsection, by completing and

7 submitting a record challenge form to the Illinois State

8 Police. The Illinois State Police shall automatically seal

9 all records identified as eligible under this subsection

10 based on the access and review process. The Illinois State

11 Police shall include any records identified as eligible

12 under this process in the next electronic notification of

13 the circuit court in which the case originated. The

14 Illinois State Police shall render a final administrative

15 decision with respect to the record challenge, which shall

16 be subject to administrative appeal procedures established

17 by the Illinois Criminal Justice Information Authority.

18 (12) Nothing in this Section shall be construed to

19 restrict or modify an individual's right to have that

20 individual's records expunged or sealed except as

21 otherwise may be provided in this Act or diminish or

22 abrogate any rights or remedies otherwise available to the

23 individual.

24 (13) The State or the county, or an official or

25 employee of the State or the county acting in the course of

26 the official's or employee's duties, is not liable for an

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1 injury or loss a person might receive due to an act or

2 omission of a person in the commission of the person's

3 duties under this Act, except for willful, wanton

4 misconduct or gross negligence on the part of the

5 governmental unit or on the part of the official or

6 employee.

7 (l) Municipal ordinance violations and Class C

8 misdemeanors. Notwithstanding any other provision of this Act

9 to the contrary and cumulative with any rights to expungement

10 of criminal records, this subsection requires the sealing of

11 criminal records of municipal ordinance violations and Class C

12 misdemeanors without petition. Beginning January 1, 2028, and

13 on January 1 and July 1 of each year thereafter, circuit court

14 clerks shall seal any criminal records of arrests or charges

15 not initiated by arrest resulting in charges or convictions

16 for municipal ordinance violations or Class C misdemeanors if

17 one year has elapsed since the case was closed as designated by

18 the Supreme Court.

19 (Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;

20 103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.

21 7-1-25; 104-417, eff. 8-15-25; 104-459, eff. 6-1-26; revised

22 1-20-26.)

23 Section 110. The State Finance Act is amended by changing

24 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

22 Article 99, including, but not limited to, any covenant

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1 entered into with respect to any revenue bonds or similar

2 instruments. All procurements for which contracts are

3 solicited between the effective date of Articles 50 and 99 and

4 July 1, 1998 shall be substantially in accordance with this

5 Code and its intent.

6 (b) This Code shall apply regardless of the source of the

7 funds with which the contracts are paid, including federal

8 assistance moneys. This Code shall not apply to:

9 (1) Contracts between the State and its political

10 subdivisions or other governments, or between State

11 governmental bodies, except as specifically provided in

12 this Code.

13 (2) Grants, except for the filing requirements of

14 Section 20-80.

15 (3) Purchase of care, except as provided in Section

16 5-30.6 of the Illinois Public Aid Code and this Section.

17 (4) Hiring of an individual as an employee and not as

18 an independent contractor, whether pursuant to an

19 employment code or policy or by contract directly with

20 that individual.

21 (5) Collective bargaining contracts.

22 (6) Purchase of real estate, except that notice of

23 this type of contract with a value of more than $25,000

24 must be published in the Procurement Bulletin within 10

25 calendar days after the deed is recorded in the county of

26 jurisdiction. The notice shall identify the real estate

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1 purchased, the names of all parties to the contract, the

2 value of the contract, and the effective date of the

3 contract.

4 (7) Contracts necessary to prepare for anticipated

5 litigation, enforcement actions, or investigations,

6 provided that the chief legal counsel to the Governor

7 shall give his or her prior approval when the procuring

8 agency is one subject to the jurisdiction of the Governor,

9 and provided that the chief legal counsel of any other

10 procuring entity subject to this Code shall give his or

11 her prior approval when the procuring entity is not one

12 subject to the jurisdiction of the Governor.

13 (8) (Blank).

14 (9) Procurement expenditures by the Illinois

15 Conservation Foundation when only private funds are used.

16 (10) (Blank).

17 (11) Public-private agreements entered into according

18 to the procurement requirements of Section 20 of the

19 Public-Private Partnerships for Transportation Act and

20 design-build agreements entered into according to the

21 procurement requirements of Section 25 of the

22 Public-Private Partnerships for Transportation Act.

23 (12) (A) Contracts for legal, financial, and other

24 professional and artistic services entered into by the

25 Illinois Finance Authority in which the State of Illinois

26 is not obligated. Such contracts shall be awarded through

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1 a competitive process authorized by the members of the

2 Illinois Finance Authority and are subject to Sections

3 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

4 as well as the final approval by the members of the

5 Illinois Finance Authority of the terms of the contract.

6 (B) Contracts for legal and financial services entered

7 into by the Illinois Housing Development Authority in

8 connection with the issuance of bonds in which the State

9 of Illinois is not obligated. Such contracts shall be

10 awarded through a competitive process authorized by the

11 members of the Illinois Housing Development Authority and

12 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

13 and 50-37 of this Code, as well as the final approval by

14 the members of the Illinois Housing Development Authority

15 of the terms of the contract.

16 (13) Contracts for services, commodities, and

17 equipment to support the delivery of timely forensic

18 science services in consultation with and subject to the

19 approval of the Chief Procurement Officer as provided in

20 subsection (d) of Section 5-4-3a of the Unified Code of

21 Corrections, except for the requirements of Sections

22 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

23 Code; however, the Chief Procurement Officer may, in

24 writing with justification, waive any certification

25 required under Article 50 of this Code. For any contracts

26 for services which are currently provided by members of a

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1 collective bargaining agreement, the applicable terms of

2 the collective bargaining agreement concerning

3 subcontracting shall be followed.

4 On and after January 1, 2019, this paragraph (13),

5 except for this sentence, is inoperative.

6 (14) Contracts for participation expenditures required

7 by a domestic or international trade show or exhibition of

8 an exhibitor, member, or sponsor.

9 (15) Contracts with a railroad or utility that

10 requires the State to reimburse the railroad or utilities

11 for the relocation of utilities for construction or other

12 public purpose. Contracts included within this paragraph

13 (15) shall include, but not be limited to, those

14 associated with: relocations, crossings, installations,

15 and maintenance. For the purposes of this paragraph (15),

16 "railroad" means any form of non-highway ground

17 transportation that runs on rails or electromagnetic

18 guideways and "utility" means: (1) public utilities as

19 defined in Section 3-105 of the Public Utilities Act, (2)

20 telecommunications carriers as defined in Section 13-202

21 of the Public Utilities Act, (3) electric cooperatives as

22 defined in Section 3.4 of the Electric Supplier Act, (4)

23 telephone or telecommunications cooperatives as defined in

24 Section 13-212 of the Public Utilities Act, (5) rural

25 water or wastewater ~~waste water~~ systems with 10,000

26 connections or less, (6) a holder as defined in Section

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1 21-201 of the Public Utilities Act, and (7) municipalities

2 owning or operating utility systems consisting of public

3 utilities as that term is defined in Section 11-117-2 of

4 the Illinois Municipal Code.

5 (16) Procurement expenditures necessary for the

6 Department of Public Health to provide the delivery of

7 timely newborn screening services in accordance with the

8 Newborn Metabolic Screening Act.

9 (17) Procurement expenditures necessary for the

10 Department of Agriculture, the Department of Financial and

11 Professional Regulation, the Department of Human Services,

12 and the Department of Public Health to implement the

13 Compassionate Use of Medical Cannabis Program and Opioid

14 Alternative Pilot Program requirements and ensure access

15 to medical cannabis for patients with debilitating medical

16 conditions in accordance with the Compassionate Use of

17 Medical Cannabis Program Act.

18 (18) This Code does not apply to any procurements

19 necessary for the Department of Agriculture or ~~,~~ the

20 Department of Financial and Professional Regulation~~, the~~

21 ~~Department of Human Services, the Department of Commerce~~

22 ~~and Economic Opportunity, and the Department of Public~~

23 ~~Health~~ to implement the Cannabis Regulation and Tax Act

24 and for the Department of Agriculture to implement the

25 Illinois Hemp Act if the applicable agency has made a good

26 faith determination that it is necessary and appropriate

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1 for the expenditure to fall within this exemption and if

2 the process is conducted in a manner substantially in

3 accordance with the requirements of Sections 20-160,

4 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,

5 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of

6 this Code; however, for Section 50-35, compliance applies

7 only to contracts or subcontracts over $100,000. Notice of

8 each contract entered into under this paragraph (18) that

9 is related to the procurement of goods and services

10 identified in paragraph (1) through (9) of this subsection

11 shall be published in the Procurement Bulletin within 14

12 calendar days after contract execution. The Chief

13 Procurement Officer shall prescribe the form and content

14 of the notice. Each agency shall provide the Chief

15 Procurement Officer, on a monthly basis, in the form and

16 content prescribed by the Chief Procurement Officer, a

17 report of contracts that are related to the procurement of

18 goods and services identified in this subsection. At a

19 minimum, this report shall include the name of the

20 contractor, a description of the supply or service

21 provided, the total amount of the contract, the term of

22 the contract, and the exception to this Code utilized. A

23 copy of any or all of these contracts shall be made

24 available to the Chief Procurement Officer immediately

25 upon request. The Chief Procurement Officer shall submit a

26 report to the Governor and General Assembly no later than

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1 November 1 of each year that includes, at a minimum, an

2 annual summary of the monthly information reported to the

3 Chief Procurement Officer. This exemption becomes

4 inoperative 10 ~~5~~ years after June 25, 2019 (the effective

5 date of Public Act 101-27).

6 (19) Acquisition of modifications or adjustments,

7 limited to assistive technology devices and assistive

8 technology services, adaptive equipment, repairs, and

9 replacement parts to provide reasonable accommodations (i)

10 that enable a qualified applicant with a disability to

11 complete the job application process and be considered for

12 the position such qualified applicant desires, (ii) that

13 modify or adjust the work environment to enable a

14 qualified current employee with a disability to perform

15 the essential functions of the position held by that

16 employee, (iii) to enable a qualified current employee

17 with a disability to enjoy equal benefits and privileges

18 of employment as are enjoyed by other similarly situated

19 employees without disabilities, and (iv) that allow a

20 customer, client, claimant, or member of the public

21 seeking State services full use and enjoyment of and

22 access to its programs, services, or benefits.

23 For purposes of this paragraph (19):

24 "Assistive technology devices" means any item, piece

25 of equipment, or product system, whether acquired

26 commercially off the shelf, modified, or customized, that

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1 is used to increase, maintain, or improve functional

2 capabilities of individuals with disabilities.

3 "Assistive technology services" means any service that

4 directly assists an individual with a disability in

5 selection, acquisition, or use of an assistive technology

6 device.

7 "Qualified" has the same meaning and use as provided

8 under the federal Americans with Disabilities Act when

9 describing an individual with a disability.

10 (20) Procurement expenditures necessary for the

11 Illinois Commerce Commission to hire third-party

12 facilitators pursuant to Sections 16-105.17 and 16-108.18

13 of the Public Utilities Act or an ombudsman pursuant to

14 Section 16-107.5 of the Public Utilities Act, a

15 facilitator pursuant to Section 16-105.17 of the Public

16 Utilities Act, or a grid auditor pursuant to Section

17 16-105.10 of the Public Utilities Act.

18 (21) Procurement expenditures for the purchase,

19 renewal, and expansion of software, software licenses, or

20 software maintenance agreements that support the efforts

21 of the Illinois State Police to enforce, regulate, and

22 administer the Firearm Owners Identification Card Act, the

23 Firearm Concealed Carry Act, the Firearms Restraining

24 Order Act, the Firearm Dealer License Certification Act,

25 the Law Enforcement Agencies Data System (LEADS), the

26 Uniform Crime Reporting Act, the Criminal Identification

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1 Act, the Illinois Uniform Conviction Information Act, and

2 the Gun Trafficking Information Act, or establish or

3 maintain record management systems necessary to conduct

4 human trafficking investigations or gun trafficking or

5 other stolen firearm investigations. This paragraph (21)

6 applies to contracts entered into on or after January 10,

7 2023 (the effective date of Public Act 102-1116) and the

8 renewal of contracts that are in effect on January 10,

9 2023 (the effective date of Public Act 102-1116).

10 (22) Contracts for project management services and

11 system integration services required for the completion of

12 the State's enterprise resource planning project. This

13 exemption becomes inoperative 5 years after June 7, 2023

14 (the effective date of the changes made to this Section by

15 Public Act 103-8). This paragraph (22) applies to

16 contracts entered into on or after June 7, 2023 (the

17 effective date of the changes made to this Section by

18 Public Act 103-8) and the renewal of contracts that are in

19 effect on June 7, 2023 (the effective date of the changes

20 made to this Section by Public Act 103-8).

21 (23) Procurements necessary for the Department of

22 Insurance to implement the Illinois Health Benefits

23 Exchange Law if the Department of Insurance has made a

24 good faith determination that it is necessary and

25 appropriate for the expenditure to fall within this

26 exemption. The procurement process shall be conducted in a

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1 manner substantially in accordance with the requirements

2 of Sections 20-160 and 25-60 and Article 50 of this Code. A

3 copy of these contracts shall be made available to the

4 Chief Procurement Officer immediately upon request. This

5 paragraph is inoperative 5 years after June 27, 2023 (the

6 effective date of Public Act 103-103).

7 (24) Contracts for public education programming,

8 noncommercial sustaining announcements, public service

9 announcements, and public awareness and education

10 messaging with the nonprofit trade associations of the

11 providers of those services that inform the public on

12 immediate and ongoing health and safety risks and hazards.

13 (25) Procurements necessary for the Department of

14 Early Childhood to implement the Department of Early

15 Childhood Act if the Department has made a good faith

16 determination that it is necessary and appropriate for the

17 expenditure to fall within this exemption. This exemption

18 shall only be used for products and services procured

19 solely for use by the Department of Early Childhood. The

20 procurements may include those necessary to design and

21 build integrated, operational systems of programs and

22 services. The procurements may include, but are not

23 limited to, those necessary to align and update program

24 standards, integrate funding systems, design and establish

25 data and reporting systems, align and update models for

26 technical assistance and professional development, design

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1 systems to manage grants and ensure compliance, design and

2 implement management and operational structures, and

3 establish new means of engaging with families, educators,

4 providers, and stakeholders. The procurement processes

5 shall be conducted in a manner substantially in accordance

6 with the requirements of Article 50 (ethics) and Sections

7 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

8 and Inclusion), 20-80 (contract files), 20-120

9 (subcontractors), 20-155 (paperwork), 20-160

10 (ethics/campaign contribution prohibitions), 25-60

11 (prevailing wage), and 25-90 (prohibited and authorized

12 cybersecurity) of this Code. Beginning January 1, 2025,

13 the Department of Early Childhood shall provide a

14 quarterly report to the General Assembly detailing a list

15 of expenditures and contracts for which the Department

16 uses this exemption. This paragraph is inoperative on and

17 after July 1, 2027.

18 (26) Procurements that are necessary for increasing

19 the recruitment and retention of State employees,

20 particularly minority candidates for employment,

21 including:

22 (A) procurements related to registration fees for

23 job fairs and other outreach and recruitment events;

24 (B) production of recruitment materials; and

25 (C) other services related to recruitment and

26 retention of State employees.

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1 The exemption under this paragraph (26) applies only

2 if the State agency has made a good faith determination

3 that it is necessary and appropriate for the expenditure

4 to fall within this paragraph (26). The procurement

5 process under this paragraph (26) 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.

10 Nothing in this paragraph (26) authorizes the replacement

11 or diminishment of State responsibilities in hiring or the

12 positions that effectuate that hiring. This paragraph (26)

13 is inoperative on and after June 30, 2029.

14 (27) Procurements necessary for the Department of

15 Healthcare and Family Services to implement changes to the

16 State's Integrated Eligibility System to ensure the

17 system's compliance with federal implementation mandates

18 and deadlines, if the Department of Healthcare and Family

19 Services has made a good faith determination that it is

20 necessary and appropriate for the procurement to fall

21 within this exemption.

22 Notwithstanding any other provision of law, for contracts

23 with an annual value of more than $100,000 entered into on or

24 after October 1, 2017 under an exemption provided in any

25 paragraph of this subsection (b), except paragraph (1), (2),

26 or (5), each State agency shall post to the appropriate

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1 procurement bulletin the name of the contractor, a description

2 of the supply or service provided, the total amount of the

3 contract, the term of the contract, and the exception to the

4 Code utilized. The chief procurement officer shall submit a

5 report to the Governor and General Assembly no later than

6 November 1 of each year that shall include, at a minimum, an

7 annual summary of the monthly information reported to the

8 chief procurement officer.

9 (c) This Code does not apply to the electric power

10 procurement process provided for under Section 1-75 of the

11 Illinois Power Agency Act and Section 16-111.5 of the Public

12 Utilities Act. This Code does not apply to the procurement of

13 technical and policy experts pursuant to Section 1-129 of the

14 Illinois Power Agency Act.

15 (d) Except for Section 20-160 and Article 50 of this Code,

16 and as expressly required by Section 9.1 of the Illinois

17 Lottery Law, the provisions of this Code do not apply to the

18 procurement process provided for under Section 9.1 of the

19 Illinois Lottery Law.

20 (e) This Code does not apply to the process used by the

21 Capital Development Board to retain a person or entity to

22 assist the Capital Development Board with its duties related

23 to the determination of costs of a clean coal SNG brownfield

24 facility, as defined by Section 1-10 of the Illinois Power

25 Agency Act, as required in subsection (h-3) of Section 9-220

26 of the Public Utilities Act, including calculating the range

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1 of capital costs, the range of operating and maintenance

2 costs, or the sequestration costs or monitoring the

3 construction of clean coal SNG brownfield facility for the

4 full duration of construction.

5 (f) (Blank).

6 (g) (Blank).

7 (h) This Code does not apply to the process to procure or

8 contracts entered into in accordance with Sections 11-5.2 and

9 11-5.3 of the Illinois Public Aid Code.

10 (i) Each chief procurement officer may access records

11 necessary to review whether a contract, purchase, or other

12 expenditure is or is not subject to the provisions of this

13 Code, unless such records would be subject to attorney-client

14 privilege.

15 (j) This Code does not apply to the process used by the

16 Capital Development Board to retain an artist or work or works

17 of art as required in Section 14 of the Capital Development

18 Board Act.

19 (k) This Code does not apply to the process to procure

20 contracts, or contracts entered into, by the State Board of

21 Elections or the State Electoral Board for hearing officers

22 appointed pursuant to the Election Code.

23 (l) This Code does not apply to the processes used by the

24 Illinois Student Assistance Commission to procure supplies and

25 services paid for from the private funds of the Illinois

26 Prepaid Tuition Fund. As used in this subsection (l), "private

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1 funds" means funds derived from deposits paid into the

2 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

3 (m) This Code shall apply regardless of the source of

4 funds with which contracts are paid, including federal

5 assistance moneys. Except as specifically provided in this

6 Code, this Code shall not apply to procurement expenditures

7 necessary for the Department of Public Health to conduct the

8 Healthy Illinois Survey in accordance with Section 2310-431 of

9 the Department of Public Health Powers and Duties Law of the

10 Civil Administrative Code of Illinois.

11 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;

12 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.

13 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,

14 eff. 6-16-25; 104-417, eff. 8-15-25)

15 (Text of Section after amendment by P.A. 104-458)

16 Sec. 1-10. Application.

17 (a) This Code applies only to procurements for which

18 bidders, offerors, potential contractors, or contractors were

19 first solicited on or after July 1, 1998. This Code shall not

20 be construed to affect or impair any contract, or any

21 provision of a contract, entered into based on a solicitation

22 prior to the implementation date of this Code as described in

23 Article 99, including, but not limited to, any covenant

24 entered into with respect to any revenue bonds or similar

25 instruments. All procurements for which contracts are

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1 solicited between the effective date of Articles 50 and 99 and

2 July 1, 1998 shall be substantially in accordance with this

3 Code and its intent.

4 (b) This Code shall apply regardless of the source of the

5 funds with which the contracts are paid, including federal

6 assistance moneys. This Code shall not apply to:

7 (1) Contracts between the State and its political

8 subdivisions or other governments, or between State

9 governmental bodies, except as specifically provided in

10 this Code.

11 (2) Grants, except for the filing requirements of

12 Section 20-80.

13 (3) Purchase of care, except as provided in Section

14 5-30.6 of the Illinois Public Aid Code and this Section.

15 (4) Hiring of an individual as an employee and not as

16 an independent contractor, whether pursuant to an

17 employment code or policy or by contract directly with

18 that individual.

19 (5) Collective bargaining contracts.

20 (6) Purchase of real estate, except that notice of

21 this type of contract with a value of more than $25,000

22 must be published in the Procurement Bulletin within 10

23 calendar days after the deed is recorded in the county of

24 jurisdiction. The notice shall identify the real estate

25 purchased, the names of all parties to the contract, the

26 value of the contract, and the effective date of the

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1 contract.

2 (7) Contracts necessary to prepare for anticipated

3 litigation, enforcement actions, or investigations,

4 provided that the chief legal counsel to the Governor

5 shall give his or her prior approval when the procuring

6 agency is one subject to the jurisdiction of the Governor,

7 and provided that the chief legal counsel of any other

8 procuring entity subject to this Code shall give his or

9 her prior approval when the procuring entity is not one

10 subject to the jurisdiction of the Governor.

11 (8) (Blank).

12 (9) Procurement expenditures by the Illinois

13 Conservation Foundation when only private funds are used.

14 (10) (Blank).

15 (11) Public-private agreements entered into according

16 to the procurement requirements of Section 20 of the

17 Public-Private Partnerships for Transportation Act and

18 design-build agreements entered into according to the

19 procurement requirements of Section 25 of the

20 Public-Private Partnerships for Transportation Act.

21 (12) (A) Contracts for legal, financial, and other

22 professional and artistic services entered into by the

23 Illinois Finance Authority in which the State of Illinois

24 is not obligated. Such contracts shall be awarded through

25 a competitive process authorized by the members of the

26 Illinois Finance Authority and are subject to Sections

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1 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

2 as well as the final approval by the members of the

3 Illinois Finance Authority of the terms of the contract.

4 (B) Contracts for legal and financial services entered

5 into by the Illinois Housing Development Authority in

6 connection with the issuance of bonds in which the State

7 of Illinois is not obligated. Such contracts shall be

8 awarded through a competitive process authorized by the

9 members of the Illinois Housing Development Authority and

10 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

11 and 50-37 of this Code, as well as the final approval by

12 the members of the Illinois Housing Development Authority

13 of the terms of the contract.

14 (13) Contracts for services, commodities, and

15 equipment to support the delivery of timely forensic

16 science services in consultation with and subject to the

17 approval of the Chief Procurement Officer as provided in

18 subsection (d) of Section 5-4-3a of the Unified Code of

19 Corrections, except for the requirements of Sections

20 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

21 Code; however, the Chief Procurement Officer may, in

22 writing with justification, waive any certification

23 required under Article 50 of this Code. For any contracts

24 for services which are currently provided by members of a

25 collective bargaining agreement, the applicable terms of

26 the collective bargaining agreement concerning

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1 subcontracting shall be followed.

2 On and after January 1, 2019, this paragraph (13),

3 except for this sentence, is inoperative.

4 (14) Contracts for participation expenditures required

5 by a domestic or international trade show or exhibition of

6 an exhibitor, member, or sponsor.

7 (15) Contracts with a railroad or utility that

8 requires the State to reimburse the railroad or utilities

9 for the relocation of utilities for construction or other

10 public purpose. Contracts included within this paragraph

11 (15) shall include, but not be limited to, those

12 associated with: relocations, crossings, installations,

13 and maintenance. For the purposes of this paragraph (15),

14 "railroad" means any form of non-highway ground

15 transportation that runs on rails or electromagnetic

16 guideways and "utility" means: (1) public utilities as

17 defined in Section 3-105 of the Public Utilities Act, (2)

18 telecommunications carriers as defined in Section 13-202

19 of the Public Utilities Act, (3) electric cooperatives as

20 defined in Section 3.4 of the Electric Supplier Act, (4)

21 telephone or telecommunications cooperatives as defined in

22 Section 13-212 of the Public Utilities Act, (5) rural

23 water or wastewater ~~waste water~~ systems with 10,000

24 connections or less, (6) a holder as defined in Section

25 21-201 of the Public Utilities Act, and (7) municipalities

26 owning or operating utility systems consisting of public

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1 utilities as that term is defined in Section 11-117-2 of

2 the Illinois Municipal Code.

3 (16) Procurement expenditures necessary for the

4 Department of Public Health to provide the delivery of

5 timely newborn screening services in accordance with the

6 Newborn Metabolic Screening Act.

7 (17) Procurement expenditures necessary for the

8 Department of Agriculture, the Department of Financial and

9 Professional Regulation, the Department of Human Services,

10 and the Department of Public Health to implement the

11 Compassionate Use of Medical Cannabis Program and Opioid

12 Alternative Pilot Program requirements and ensure access

13 to medical cannabis for patients with debilitating medical

14 conditions in accordance with the Compassionate Use of

15 Medical Cannabis Program Act.

16 (18) This Code does not apply to any procurements

17 necessary for the Department of Agriculture or ~~,~~ the

18 Department of Financial and Professional Regulation~~, the~~

19 ~~Department of Human Services, the Department of Commerce~~

20 ~~and Economic Opportunity, and the Department of Public~~

21 ~~Health~~ to implement the Cannabis Regulation and Tax Act

22 and for the Department of Agriculture to implement the

23 Illinois Hemp Act if the applicable agency has made a good

24 faith determination that it is necessary and appropriate

25 for the expenditure to fall within this exemption and if

26 the process is conducted in a manner substantially in

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1 accordance with the requirements of Sections 20-160,

2 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,

3 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of

4 this Code; however, for Section 50-35, compliance applies

5 only to contracts or subcontracts over $100,000. Notice of

6 each contract entered into under this paragraph (18) that

7 is related to the procurement of goods and services

8 identified in paragraph (1) through (9) of this subsection

9 shall be published in the Procurement Bulletin within 14

10 calendar days after contract execution. The Chief

11 Procurement Officer shall prescribe the form and content

12 of the notice. Each agency shall provide the Chief

13 Procurement Officer, on a monthly basis, in the form and

14 content prescribed by the Chief Procurement Officer, a

15 report of contracts that are related to the procurement of

16 goods and services identified in this subsection. At a

17 minimum, this report shall include the name of the

18 contractor, a description of the supply or service

19 provided, the total amount of the contract, the term of

20 the contract, and the exception to this Code utilized. A

21 copy of any or all of these contracts shall be made

22 available to the Chief Procurement Officer immediately

23 upon request. The Chief Procurement Officer shall submit a

24 report to the Governor and General Assembly no later than

25 November 1 of each year that includes, at a minimum, an

26 annual summary of the monthly information reported to the

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1 Chief Procurement Officer. This exemption becomes

2 inoperative 10 ~~5~~ years after June 25, 2019 (the effective

3 date of Public Act 101-27).

4 (19) Acquisition of modifications or adjustments,

5 limited to assistive technology devices and assistive

6 technology services, adaptive equipment, repairs, and

7 replacement parts to provide reasonable accommodations (i)

8 that enable a qualified applicant with a disability to

9 complete the job application process and be considered for

10 the position such qualified applicant desires, (ii) that

11 modify or adjust the work environment to enable a

12 qualified current employee with a disability to perform

13 the essential functions of the position held by that

14 employee, (iii) to enable a qualified current employee

15 with a disability to enjoy equal benefits and privileges

16 of employment as are enjoyed by other similarly situated

17 employees without disabilities, and (iv) that allow a

18 customer, client, claimant, or member of the public

19 seeking State services full use and enjoyment of and

20 access to its programs, services, or benefits.

21 For purposes of this paragraph (19):

22 "Assistive technology devices" means any item, piece

23 of equipment, or product system, whether acquired

24 commercially off the shelf, modified, or customized, that

25 is used to increase, maintain, or improve functional

26 capabilities of individuals with disabilities.

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1 "Assistive technology services" means any service that

2 directly assists an individual with a disability in

3 selection, acquisition, or use of an assistive technology

4 device.

5 "Qualified" has the same meaning and use as provided

6 under the federal Americans with Disabilities Act when

7 describing an individual with a disability.

8 (20) Procurement expenditures necessary for the

9 Illinois Commerce Commission to hire third-party

10 facilitators pursuant to Sections 16-105.17 and 16-108.18

11 of the Public Utilities Act or an ombudsman pursuant to

12 Section 16-107.5 of the Public Utilities Act, a

13 facilitator pursuant to Section 16-105.17 of the Public

14 Utilities Act, a grid auditor pursuant to Section

15 16-105.10 of the Public Utilities Act, a facilitator,

16 expert, or consultant pursuant to Sections 16-126.2 and

17 16-202 of the Public Utilities Act, a procurement monitor

18 pursuant to Section 16-111.5 of the Public Utilities Act,

19 an ombudsperson pursuant to Section 20-145 of the Public

20 Utilities Act, or consultants and experts pursuant to

21 Section 5-15 of the Utility Data Access Act.

22 (21) Procurement expenditures for the purchase,

23 renewal, and expansion of software, software licenses, or

24 software maintenance agreements that support the efforts

25 of the Illinois State Police to enforce, regulate, and

26 administer the Firearm Owners Identification Card Act, the

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1 Firearm Concealed Carry Act, the Firearms Restraining

2 Order Act, the Firearm Dealer License Certification Act,

3 the Law Enforcement Agencies Data System (LEADS), the

4 Uniform Crime Reporting Act, the Criminal Identification

5 Act, the Illinois Uniform Conviction Information Act, and

6 the Gun Trafficking Information Act, or establish or

7 maintain record management systems necessary to conduct

8 human trafficking investigations or gun trafficking or

9 other stolen firearm investigations. This paragraph (21)

10 applies to contracts entered into on or after January 10,

11 2023 (the effective date of Public Act 102-1116) and the

12 renewal of contracts that are in effect on January 10,

13 2023 (the effective date of Public Act 102-1116).

14 (22) Contracts for project management services and

15 system integration services required for the completion of

16 the State's enterprise resource planning project. This

17 exemption becomes inoperative 5 years after June 7, 2023

18 (the effective date of the changes made to this Section by

19 Public Act 103-8). This paragraph (22) applies to

20 contracts entered into on or after June 7, 2023 (the

21 effective date of the changes made to this Section by

22 Public Act 103-8) and the renewal of contracts that are in

23 effect on June 7, 2023 (the effective date of the changes

24 made to this Section by Public Act 103-8).

25 (23) Procurements necessary for the Department of

26 Insurance to implement the Illinois Health Benefits

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1 Exchange Law if the Department of Insurance has made a

2 good faith determination that it is necessary and

3 appropriate for the expenditure to fall within this

4 exemption. The procurement process shall be conducted in a

5 manner substantially in accordance with the requirements

6 of Sections 20-160 and 25-60 and Article 50 of this Code. A

7 copy of these contracts shall be made available to the

8 Chief Procurement Officer immediately upon request. This

9 paragraph is inoperative 5 years after June 27, 2023 (the

10 effective date of Public Act 103-103).

11 (24) Contracts for public education programming,

12 noncommercial sustaining announcements, public service

13 announcements, and public awareness and education

14 messaging with the nonprofit trade associations of the

15 providers of those services that inform the public on

16 immediate and ongoing health and safety risks and hazards.

17 (25) Procurements necessary for the Department of

18 Early Childhood to implement the Department of Early

19 Childhood Act if the Department has made a good faith

20 determination that it is necessary and appropriate for the

21 expenditure to fall within this exemption. This exemption

22 shall only be used for products and services procured

23 solely for use by the Department of Early Childhood. The

24 procurements may include those necessary to design and

25 build integrated, operational systems of programs and

26 services. The procurements may include, but are not

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1 limited to, those necessary to align and update program

2 standards, integrate funding systems, design and establish

3 data and reporting systems, align and update models for

4 technical assistance and professional development, design

5 systems to manage grants and ensure compliance, design and

6 implement management and operational structures, and

7 establish new means of engaging with families, educators,

8 providers, and stakeholders. The procurement processes

9 shall be conducted in a manner substantially in accordance

10 with the requirements of Article 50 (ethics) and Sections

11 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

12 and Inclusion), 20-80 (contract files), 20-120

13 (subcontractors), 20-155 (paperwork), 20-160

14 (ethics/campaign contribution prohibitions), 25-60

15 (prevailing wage), and 25-90 (prohibited and authorized

16 cybersecurity) of this Code. Beginning January 1, 2025,

17 the Department of Early Childhood shall provide a

18 quarterly report to the General Assembly detailing a list

19 of expenditures and contracts for which the Department

20 uses this exemption. This paragraph is inoperative on and

21 after July 1, 2027.

22 (26) Procurements that are necessary for increasing

23 the recruitment and retention of State employees,

24 particularly minority candidates for employment,

25 including:

26 (A) procurements related to registration fees for

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1 job fairs and other outreach and recruitment events;

2 (B) production of recruitment materials; and

3 (C) other services related to recruitment and

4 retention of State employees.

5 The exemption under this paragraph (26) applies only

6 if the State agency has made a good faith determination

7 that it is necessary and appropriate for the expenditure

8 to fall within this paragraph (26). The procurement

9 process under this paragraph (26) shall be conducted in a

10 manner substantially in accordance with the requirements

11 of Sections 20-160 and 25-60 and Article 50 of this Code. A

12 copy of these contracts shall be made available to the

13 Chief Procurement Officer immediately upon request.

14 Nothing in this paragraph (26) authorizes the replacement

15 or diminishment of State responsibilities in hiring or the

16 positions that effectuate that hiring. This paragraph (26)

17 is inoperative on and after June 30, 2029.

18 (27) Procurements necessary for the Department of

19 Healthcare and Family Services to implement changes to the

20 State's Integrated Eligibility System to ensure the

21 system's compliance with federal implementation mandates

22 and deadlines, if the Department of Healthcare and Family

23 Services has made a good faith determination that it is

24 necessary and appropriate for the procurement to fall

25 within this exemption.

26 Notwithstanding any other provision of law, for contracts

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1 with an annual value of more than $100,000 entered into on or

2 after October 1, 2017 under an exemption provided in any

3 paragraph of this subsection (b), except paragraph (1), (2),

4 or (5), each State agency shall post to the appropriate

5 procurement bulletin the name of the contractor, a description

6 of the supply or service provided, the total amount of the

7 contract, the term of the contract, and the exception to the

8 Code utilized. The chief procurement officer shall submit a

9 report to the Governor and General Assembly no later than

10 November 1 of each year that shall include, at a minimum, an

11 annual summary of the monthly information reported to the

12 chief procurement officer.

13 (c) This Code does not apply to the electric power

14 procurement process provided for under Section 1-75 of the

15 Illinois Power Agency Act and Section 16-111.5 of the Public

16 Utilities Act. This Code does not apply to the procurement of

17 technical and policy experts pursuant to Section 1-129 of the

18 Illinois Power Agency Act.

19 (d) Except for Section 20-160 and Article 50 of this Code,

20 and as expressly required by Section 9.1 of the Illinois

21 Lottery Law, the provisions of this Code do not apply to the

22 procurement process provided for under Section 9.1 of the

23 Illinois Lottery Law.

24 (e) This Code does not apply to the process used by the

25 Capital Development Board to retain a person or entity to

26 assist the Capital Development Board with its duties related

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1 to the determination of costs of a clean coal SNG brownfield

2 facility, as defined by Section 1-10 of the Illinois Power

3 Agency Act, as required in subsection (h-3) of Section 9-220

4 of the Public Utilities Act, including calculating the range

5 of capital costs, the range of operating and maintenance

6 costs, or the sequestration costs or monitoring the

7 construction of clean coal SNG brownfield facility for the

8 full duration of construction.

9 (f) (Blank).

10 (g) (Blank).

11 (h) This Code does not apply to the process to procure or

12 contracts entered into in accordance with Sections 11-5.2 and

13 11-5.3 of the Illinois Public Aid Code.

14 (i) Each chief procurement officer may access records

15 necessary to review whether a contract, purchase, or other

16 expenditure is or is not subject to the provisions of this

17 Code, unless such records would be subject to attorney-client

18 privilege.

19 (j) This Code does not apply to the process used by the

20 Capital Development Board to retain an artist or work or works

21 of art as required in Section 14 of the Capital Development

22 Board Act.

23 (k) This Code does not apply to the process to procure

24 contracts, or contracts entered into, by the State Board of

25 Elections or the State Electoral Board for hearing officers

26 appointed pursuant to the Election Code.

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1 (l) This Code does not apply to the processes used by the

2 Illinois Student Assistance Commission to procure supplies and

3 services paid for from the private funds of the Illinois

4 Prepaid Tuition Fund. As used in this subsection (l), "private

5 funds" means funds derived from deposits paid into the

6 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

7 (m) This Code shall apply regardless of the source of

8 funds with which contracts are paid, including federal

9 assistance moneys. Except as specifically provided in this

10 Code, this Code shall not apply to procurement expenditures

11 necessary for the Department of Public Health to conduct the

12 Healthy Illinois Survey in accordance with Section 2310-431 of

13 the Department of Public Health Powers and Duties Law of the

14 Civil Administrative Code of Illinois.

15 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;

16 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.

17 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,

18 eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;

19 revised 1-12-26.)

20 Section 120. The Use Tax Act is amended by changing

21 Sections 3-5 and 3-10 as follows:

22 (35 ILCS 105/3-5)

23 Sec. 3-5. Exemptions. Use, which, on and after January 1,

24 2025, includes use by a lessee, of the following tangible

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1 personal property is exempt from the tax imposed by this Act:

2 (1) Personal property purchased from a corporation,

3 society, association, foundation, institution, or

4 organization, other than a limited liability company, that is

5 organized and operated as a not-for-profit service enterprise

6 for the benefit of persons 65 years of age or older if the

7 personal property was not purchased by the enterprise for the

8 purpose of resale by the enterprise.

9 (2) Personal property purchased by a not-for-profit

10 Illinois county fair association for use in conducting,

11 operating, or promoting the county fair.

12 (3) Personal property purchased by a not-for-profit arts

13 or cultural organization that establishes, by proof required

14 by the Department by rule, that it has received an exemption

15 under Section 501(c)(3) of the Internal Revenue Code and that

16 is organized and operated primarily for the presentation or

17 support of arts or cultural programming, activities, or

18 services. These organizations include, but are not limited to,

19 music and dramatic arts organizations such as symphony

20 orchestras and theatrical groups, arts and cultural service

21 organizations, local arts councils, visual arts organizations,

22 and media arts organizations. On and after July 1, 2001 (the

23 effective date of Public Act 92-35), however, an entity

24 otherwise eligible for this exemption shall not make tax-free

25 purchases unless it has an active identification number issued

26 by the Department.

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1 (4) Except as otherwise provided in this Act, personal

2 property purchased by a governmental body, by a corporation,

3 society, association, foundation, or institution organized and

4 operated exclusively for charitable, religious, or educational

5 purposes, or by a not-for-profit corporation, society,

6 association, foundation, institution, or organization that has

7 no compensated officers or employees and that is organized and

8 operated primarily for the recreation of persons 55 years of

9 age or older. A limited liability company may qualify for the

10 exemption under this paragraph only if the limited liability

11 company is organized and operated exclusively for educational

12 purposes. On and after July 1, 1987, however, no entity

13 otherwise eligible for this exemption shall make tax-free

14 purchases unless it has an active exemption identification

15 number issued by the Department.

16 (5) Until July 1, 2003, a passenger car that is a

17 replacement vehicle to the extent that the purchase price of

18 the car is subject to the Replacement Vehicle Tax.

19 (6) Until July 1, 2003 and beginning again on September 1,

20 2004 through August 30, 2014, graphic arts machinery and

21 equipment, including repair and replacement parts, both new

22 and used, and including that manufactured on special order,

23 certified by the purchaser to be used primarily for graphic

24 arts production, and including machinery and equipment

25 purchased for lease. Equipment includes chemicals or chemicals

26 acting as catalysts but only if the chemicals or chemicals

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1 acting as catalysts effect a direct and immediate change upon

2 a graphic arts product. Beginning on July 1, 2017, graphic

3 arts machinery and equipment is included in the manufacturing

4 and assembling machinery and equipment exemption under

5 paragraph (18).

6 (7) Farm chemicals.

7 (8) Legal tender, currency, medallions, or gold or silver

8 coinage issued by the State of Illinois, the government of the

9 United States of America, or the government of any foreign

10 country, and bullion.

11 (9) Personal property purchased from a teacher-sponsored

12 student organization affiliated with an elementary or

13 secondary school located in Illinois.

14 (10) A motor vehicle that is used for automobile renting,

15 as defined in the Automobile Renting Occupation and Use Tax

16 Act.

17 (11) Farm machinery and equipment, both new and used,

18 including that manufactured on special order, certified by the

19 purchaser to be used primarily for production agriculture or

20 State or federal agricultural programs, including individual

21 replacement parts for the machinery and equipment, including

22 machinery and equipment purchased for lease, and including

23 implements of husbandry defined in Section 1-130 of the

24 Illinois Vehicle Code, farm machinery and agricultural

25 chemical and fertilizer spreaders, and nurse wagons required

26 to be registered under Section 3-809 of the Illinois Vehicle

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1 Code, but excluding other motor vehicles required to be

2 registered under the Illinois Vehicle Code. Horticultural

3 polyhouses or hoop houses used for propagating, growing, or

4 overwintering plants shall be considered farm machinery and

5 equipment under this item (11). Agricultural chemical tender

6 tanks and dry boxes shall include units sold separately from a

7 motor vehicle required to be licensed and units sold mounted

8 on a motor vehicle required to be licensed if the selling price

9 of the tender is separately stated.

10 Farm machinery and equipment shall include precision

11 farming equipment that is installed or purchased to be

12 installed on farm machinery and equipment, including, but not

13 limited to, tractors, harvesters, sprayers, planters, seeders,

14 or spreaders. Precision farming equipment includes, but is not

15 limited to, soil testing sensors, computers, monitors,

16 software, global positioning and mapping systems, and other

17 such equipment.

18 Farm machinery and equipment also includes computers,

19 sensors, software, and related equipment used primarily in the

20 computer-assisted operation of production agriculture

21 facilities, equipment, and activities such as, but not limited

22 to, the collection, monitoring, and correlation of animal and

23 crop data for the purpose of formulating animal diets and

24 agricultural chemicals.

25 Beginning on January 1, 2024, farm machinery and equipment

26 also includes electrical power generation equipment used

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1 primarily for production agriculture.

2 This item (11) is exempt from the provisions of Section

3 3-90.

4 (12) Until June 30, 2013, fuel and petroleum products sold

5 to or used by an air common carrier, certified by the carrier

6 to be used for consumption, shipment, or storage in the

7 conduct of its business as an air common carrier, for a flight

8 destined for or returning from a location or locations outside

9 the United States without regard to previous or subsequent

10 domestic stopovers.

11 Beginning July 1, 2013, fuel and petroleum products sold

12 to or used by an air carrier, certified by the carrier to be

13 used for consumption, shipment, or storage in the conduct of

14 its business as an air common carrier, for a flight that (i) is

15 engaged in foreign trade or is engaged in trade between the

16 United States and any of its possessions and (ii) transports

17 at least one individual or package for hire from the city of

18 origination to the city of final destination on the same

19 aircraft, without regard to a change in the flight number of

20 that aircraft.

21 (13) Proceeds of mandatory service charges separately

22 stated on customers' bills for the purchase and consumption of

23 food and beverages purchased at retail from a retailer, to the

24 extent that the proceeds of the service charge are in fact

25 turned over as tips or as a substitute for tips to the

26 employees who participate directly in preparing, serving,

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1 hosting or cleaning up the food or beverage function with

2 respect to which the service charge is imposed.

3 (14) Until July 1, 2003, oil field exploration, drilling,

4 and production equipment, including (i) rigs and parts of

5 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

6 pipe and tubular goods, including casing and drill strings,

7 (iii) pumps and pump-jack units, (iv) storage tanks and flow

8 lines, (v) any individual replacement part for oil field

9 exploration, drilling, and production equipment, and (vi)

10 machinery and equipment purchased for lease; but excluding

11 motor vehicles required to be registered under the Illinois

12 Vehicle Code.

13 (15) Photoprocessing machinery and equipment, including

14 repair and replacement parts, both new and used, including

15 that manufactured on special order, certified by the purchaser

16 to be used primarily for photoprocessing, and including

17 photoprocessing machinery and equipment purchased for lease.

18 (16) Until July 1, 2028, coal and aggregate exploration,

19 mining, off-highway hauling, processing, maintenance, and

20 reclamation equipment, including replacement parts and

21 equipment, and including equipment purchased for lease, but

22 excluding motor vehicles required to be registered under the

23 Illinois Vehicle Code. The changes made to this Section by

24 Public Act 97-767 apply on and after July 1, 2003, but no claim

25 for credit or refund is allowed on or after August 16, 2013

26 (the effective date of Public Act 98-456) for such taxes paid

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1 during the period beginning July 1, 2003 and ending on August

2 16, 2013 (the effective date of Public Act 98-456).

3 (17) Until July 1, 2003, distillation machinery and

4 equipment, sold as a unit or kit, assembled or installed by the

5 retailer, certified by the user to be used only for the

6 production of ethyl alcohol that will be used for consumption

7 as motor fuel or as a component of motor fuel for the personal

8 use of the user, and not subject to sale or resale.

9 (18) Manufacturing and assembling machinery and equipment

10 used primarily in the process of manufacturing or assembling

11 tangible personal property for wholesale or retail sale or

12 lease, whether that sale or lease is made directly by the

13 manufacturer or by some other person, whether the materials

14 used in the process are owned by the manufacturer or some other

15 person, or whether that sale or lease is made apart from or as

16 an incident to the seller's engaging in the service occupation

17 of producing machines, tools, dies, jigs, patterns, gauges, or

18 other similar items of no commercial value on special order

19 for a particular purchaser. The exemption provided by this

20 paragraph (18) includes production related tangible personal

21 property, as defined in Section 3-50, purchased on or after

22 July 1, 2019. The exemption provided by this paragraph (18)

23 does not include machinery and equipment used in (i) the

24 generation of electricity for wholesale or retail sale; (ii)

25 the generation or treatment of natural or artificial gas for

26 wholesale or retail sale that is delivered to customers

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1 through pipes, pipelines, or mains; or (iii) the treatment of

2 water for wholesale or retail sale that is delivered to

3 customers through pipes, pipelines, or mains. The provisions

4 of Public Act 98-583 are declaratory of existing law as to the

5 meaning and scope of this exemption. Beginning on July 1,

6 2017, the exemption provided by this paragraph (18) includes,

7 but is not limited to, graphic arts machinery and equipment,

8 as defined in paragraph (6) of this Section.

9 (19) Personal property delivered to a purchaser or

10 purchaser's donee inside Illinois when the purchase order for

11 that personal property was received by a florist located

12 outside Illinois who has a florist located inside Illinois

13 deliver the personal property.

14 (20) Semen used for artificial insemination of livestock

15 for direct agricultural production.

16 (21) Horses, or interests in horses, registered with and

17 meeting the requirements of any of the Arabian Horse Club

18 Registry of America, Appaloosa Horse Club, American Quarter

19 Horse Association, United States Trotting Association, or

20 Jockey Club, as appropriate, used for purposes of breeding or

21 racing for prizes. This item (21) is exempt from the

22 provisions of Section 3-90, and the exemption provided for

23 under this item (21) applies for all periods beginning May 30,

24 1995, but no claim for credit or refund is allowed on or after

25 January 1, 2008 for such taxes paid during the period

26 beginning May 30, 2000 and ending on January 1, 2008.

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1 (22) Computers and communications equipment utilized for

2 any hospital purpose and equipment used in the diagnosis,

3 analysis, or treatment of hospital patients purchased by a

4 lessor who leases the equipment, under a lease of one year or

5 longer executed or in effect at the time the lessor would

6 otherwise be subject to the tax imposed by this Act, to a

7 hospital that has been issued an active tax exemption

8 identification number by the Department under Section 1g of

9 the Retailers' Occupation Tax Act. If the equipment is leased

10 in a manner that does not qualify for this exemption or is used

11 in any other non-exempt manner, the lessor shall be liable for

12 the tax imposed under this Act or the Service Use Tax Act, as

13 the case may be, based on the fair market value of the property

14 at the time the non-qualifying use occurs. No lessor shall

15 collect or attempt to collect an amount (however designated)

16 that purports to reimburse that lessor for the tax imposed by

17 this Act or the Service Use Tax Act, as the case may be, if the

18 tax has not been paid by the lessor. If a lessor improperly

19 collects any such amount from the lessee, the lessee shall

20 have a legal right to claim a refund of that amount from the

21 lessor. If, however, that amount is not refunded to the lessee

22 for any reason, the lessor is liable to pay that amount to the

23 Department.

24 (23) Personal property purchased by a lessor who leases

25 the property, under a lease of one year or longer executed or

26 in effect at the time the lessor would otherwise be subject to

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1 the tax imposed by this Act, to a governmental body that has

2 been issued an active sales tax exemption identification

3 number by the Department under Section 1g of the Retailers'

4 Occupation Tax Act. If the property is leased in a manner that

5 does not qualify for this exemption or used in any other

6 non-exempt manner, the lessor shall be liable for the tax

7 imposed under this Act or the Service Use Tax Act, as the case

8 may be, based on the fair market value of the property at the

9 time the non-qualifying use occurs. No lessor shall collect or

10 attempt to collect an amount (however designated) that

11 purports to reimburse that lessor for the tax imposed by this

12 Act or the Service Use Tax Act, as the case may be, if the tax

13 has not been paid by the lessor. If a lessor improperly

14 collects any such amount from the lessee, the lessee shall

15 have a legal right to claim a refund of that amount from the

16 lessor. If, however, that amount is not refunded to the lessee

17 for any reason, the lessor is liable to pay that amount to the

18 Department.

19 (24) Beginning with taxable years ending on or after

20 December 31, 1995 and ending with taxable years ending on or

21 before December 31, 2004, personal property that is donated

22 for disaster relief to be used in a State or federally declared

23 disaster area in Illinois or bordering Illinois by a

24 manufacturer or retailer that is registered in this State to a

25 corporation, society, association, foundation, or institution

26 that has been issued a sales tax exemption identification

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1 number by the Department that assists victims of the disaster

2 who reside within the declared disaster area.

3 (25) Beginning with taxable years ending on or after

4 December 31, 1995 and ending with taxable years ending on or

5 before December 31, 2004, personal property that is used in

6 the performance of infrastructure repairs in this State,

7 including, but not limited to, municipal roads and streets,

8 access roads, bridges, sidewalks, waste disposal systems,

9 water and sewer line extensions, water distribution and

10 purification facilities, storm water drainage and retention

11 facilities, and sewage treatment facilities, resulting from a

12 State or federally declared disaster in Illinois or bordering

13 Illinois when such repairs are initiated on facilities located

14 in the declared disaster area within 6 months after the

15 disaster.

16 (26) Beginning July 1, 1999, game or game birds purchased

17 at a "game breeding and hunting preserve area" as that term is

18 used in the Wildlife Code. This paragraph is exempt from the

19 provisions of Section 3-90.

20 (27) A motor vehicle, as that term is defined in Section

21 1-146 of the Illinois Vehicle Code, that is donated to a

22 corporation, limited liability company, society, association,

23 foundation, or institution that is determined by the

24 Department to be organized and operated exclusively for

25 educational purposes. For purposes of this exemption, "a

26 corporation, limited liability company, society, association,

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1 foundation, or institution organized and operated exclusively

2 for educational purposes" means all tax-supported public

3 schools, private schools that offer systematic instruction in

4 useful branches of learning by methods common to public

5 schools and that compare favorably in their scope and

6 intensity with the course of study presented in tax-supported

7 schools, and vocational or technical schools or institutes

8 organized and operated exclusively to provide a course of

9 study of not less than 6 weeks duration and designed to prepare

10 individuals to follow a trade or to pursue a manual,

11 technical, mechanical, industrial, business, or commercial

12 occupation.

13 (28) Beginning January 1, 2000, personal property,

14 including food, purchased through fundraising events for the

15 benefit of a public or private elementary or secondary school,

16 a group of those schools, or one or more school districts if

17 the events are sponsored by an entity recognized by the school

18 district that consists primarily of volunteers and includes

19 parents and teachers of the school children. This paragraph

20 does not apply to fundraising events (i) for the benefit of

21 private home instruction or (ii) for which the fundraising

22 entity purchases the personal property sold at the events from

23 another individual or entity that sold the property for the

24 purpose of resale by the fundraising entity and that profits

25 from the sale to the fundraising entity. This paragraph is

26 exempt from the provisions of Section 3-90.

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1 (29) Beginning January 1, 2000 and through December 31,

2 2001, new or used automatic vending machines that prepare and

3 serve hot food and beverages, including coffee, soup, and

4 other items, and replacement parts for these machines.

5 Beginning January 1, 2002 and through June 30, 2003, machines

6 and parts for machines used in commercial, coin-operated

7 amusement and vending business if a use or occupation tax is

8 paid on the gross receipts derived from the use of the

9 commercial, coin-operated amusement and vending machines. This

10 paragraph is exempt from the provisions of Section 3-90.

11 (30) Beginning January 1, 2001 and through June 30, 2016,

12 food for human consumption that is to be consumed off the

13 premises where it is sold (other than alcoholic beverages,

14 soft drinks, and food that has been prepared for immediate

15 consumption) and prescription and nonprescription medicines,

16 drugs, medical appliances, and insulin, urine testing

17 materials, syringes, and needles used by diabetics, for human

18 use, when purchased for use by a person receiving medical

19 assistance under Article V of the Illinois Public Aid Code who

20 resides in a licensed long-term care facility, as defined in

21 the Nursing Home Care Act, or in a licensed facility as defined

22 in the ID/DD Community Care Act, the MC/DD Act, or the

23 Specialized Mental Health Rehabilitation Act of 2013.

24 (31) Beginning on August 2, 2001 (the effective date of

25 Public Act 92-227), computers and communications equipment

26 utilized for any hospital purpose and equipment used in the

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1 diagnosis, analysis, or treatment of hospital patients

2 purchased by a lessor who leases the equipment, under a lease

3 of one year or longer executed or in effect at the time the

4 lessor would otherwise be subject to the tax imposed by this

5 Act, to a hospital that has been issued an active tax exemption

6 identification number by the Department under Section 1g of

7 the Retailers' Occupation Tax Act. If the equipment is leased

8 in a manner that does not qualify for this exemption or is used

9 in any other nonexempt manner, the lessor shall be liable for

10 the tax imposed under this Act or the Service Use Tax Act, as

11 the case may be, based on the fair market value of the property

12 at the time the nonqualifying use occurs. No lessor shall

13 collect or attempt to collect an amount (however designated)

14 that purports to reimburse that lessor for the tax imposed by

15 this Act or the Service Use Tax Act, as the case may be, if the

16 tax has not been paid by the lessor. If a lessor improperly

17 collects any such amount from the lessee, the lessee shall

18 have a legal right to claim a refund of that amount from the

19 lessor. If, however, that amount is not refunded to the lessee

20 for any reason, the lessor is liable to pay that amount to the

21 Department. This paragraph is exempt from the provisions of

22 Section 3-90.

23 (32) Beginning on August 2, 2001 (the effective date of

24 Public Act 92-227), personal property purchased by a lessor

25 who leases the property, under a lease of one year or longer

26 executed or in effect at the time the lessor would otherwise be

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1 subject to the tax imposed by this Act, to a governmental body

2 that has been issued an active sales tax exemption

3 identification number by the Department under Section 1g of

4 the Retailers' Occupation Tax Act. If the property is leased

5 in a manner that does not qualify for this exemption or used in

6 any other nonexempt manner, the lessor shall be liable for the

7 tax imposed under this Act or the Service Use Tax Act, as the

8 case may be, based on the fair market value of the property at

9 the time the nonqualifying use occurs. No lessor shall collect

10 or attempt to collect an amount (however designated) that

11 purports to reimburse that lessor for the tax imposed by this

12 Act or the Service Use Tax Act, as the case may be, if the tax

13 has not been paid by the lessor. If a lessor improperly

14 collects any such amount from the lessee, the lessee shall

15 have a legal right to claim a refund of that amount from the

16 lessor. If, however, that amount is not refunded to the lessee

17 for any reason, the lessor is liable to pay that amount to the

18 Department. This paragraph is exempt from the provisions of

19 Section 3-90.

20 (33) On and after July 1, 2003 and through June 30, 2004,

21 the use in this State of motor vehicles of the second division

22 with a gross vehicle weight in excess of 8,000 pounds and that

23 are subject to the commercial distribution fee imposed under

24 Section 3-815.1 of the Illinois Vehicle Code. Beginning on

25 July 1, 2004 and through June 30, 2005, the use in this State

26 of motor vehicles of the second division: (i) with a gross

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1 vehicle weight rating in excess of 8,000 pounds; (ii) that are

2 subject to the commercial distribution fee imposed under

3 Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

4 are primarily used for commercial purposes. Through June 30,

5 2005, this exemption applies to repair and replacement parts

6 added after the initial purchase of such a motor vehicle if

7 that motor vehicle is used in a manner that would qualify for

8 the rolling stock exemption otherwise provided for in this

9 Act. For purposes of this paragraph, the term "used for

10 commercial purposes" means the transportation of persons or

11 property in furtherance of any commercial or industrial

12 enterprise, whether for-hire or not.

13 (34) Beginning January 1, 2008, tangible personal property

14 used in the construction or maintenance of a community water

15 supply, as defined under Section 3.145 of the Environmental

16 Protection Act, that is operated by a not-for-profit

17 corporation that holds a valid water supply permit issued

18 under Title IV of the Environmental Protection Act. This

19 paragraph is exempt from the provisions of Section 3-90.

20 (35) Beginning January 1, 2010 and continuing through

21 December 31, 2029, materials, parts, equipment, components,

22 and furnishings incorporated into or upon an aircraft as part

23 of the modification, refurbishment, completion, replacement,

24 repair, or maintenance of the aircraft. This exemption

25 includes consumable supplies used in the modification,

26 refurbishment, completion, replacement, repair, and

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1 maintenance of aircraft. However, until January 1, 2024, this

2 exemption excludes any materials, parts, equipment,

3 components, and consumable supplies used in the modification,

4 replacement, repair, and maintenance of aircraft engines or

5 power plants, whether such engines or power plants are

6 installed or uninstalled upon any such aircraft. "Consumable

7 supplies" include, but are not limited to, adhesive, tape,

8 sandpaper, general purpose lubricants, cleaning solution,

9 latex gloves, and protective films.

10 Beginning January 1, 2010 and continuing through December

11 31, 2023, this exemption applies only to the use of qualifying

12 tangible personal property by persons who modify, refurbish,

13 complete, repair, replace, or maintain aircraft and who (i)

14 hold an Air Agency Certificate and are empowered to operate an

15 approved repair station by the Federal Aviation

16 Administration, (ii) have a Class IV Rating, and (iii) conduct

17 operations in accordance with Part 145 of the Federal Aviation

18 Regulations. From January 1, 2024 through December 31, 2029,

19 this exemption applies only to the use of qualifying tangible

20 personal property by: (A) persons who modify, refurbish,

21 complete, repair, replace, or maintain aircraft and who (i)

22 hold an Air Agency Certificate and are empowered to operate an

23 approved repair station by the Federal Aviation

24 Administration, (ii) have a Class IV Rating, and (iii) conduct

25 operations in accordance with Part 145 of the Federal Aviation

26 Regulations; and (B) persons who engage in the modification,

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1 replacement, repair, and maintenance of aircraft engines or

2 power plants without regard to whether or not those persons

3 meet the qualifications of item (A).

4 The exemption does not include aircraft operated by a

5 commercial air carrier providing scheduled passenger air

6 service pursuant to authority issued under Part 121 or Part

7 129 of the Federal Aviation Regulations. The changes made to

8 this paragraph (35) by Public Act 98-534 are declarative of

9 existing law. It is the intent of the General Assembly that the

10 exemption under this paragraph (35) applies continuously from

11 January 1, 2010 through December 31, 2024; however, no claim

12 for credit or refund is allowed for taxes paid as a result of

13 the disallowance of this exemption on or after January 1, 2015

14 and prior to February 5, 2020 (the effective date of Public Act

15 101-629).

16 (36) Tangible personal property purchased by a

17 public-facilities corporation, as described in Section

18 11-65-10 of the Illinois Municipal Code, for purposes of

19 constructing or furnishing a municipal convention hall, but

20 only if the legal title to the municipal convention hall is

21 transferred to the municipality without any further

22 consideration by or on behalf of the municipality at the time

23 of the completion of the municipal convention hall or upon the

24 retirement or redemption of any bonds or other debt

25 instruments issued by the public-facilities corporation in

26 connection with the development of the municipal convention

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1 hall. This exemption includes existing public-facilities

2 corporations as provided in Section 11-65-25 of the Illinois

3 Municipal Code. This paragraph is exempt from the provisions

4 of Section 3-90.

5 (37) Beginning January 1, 2017 and through December 31,

6 2026, menstrual pads, tampons, and menstrual cups.

7 (38) Merchandise that is subject to the Rental Purchase

8 Agreement Occupation and Use Tax. The purchaser must certify

9 that the item is purchased to be rented subject to a

10 rental-purchase agreement, as defined in the Rental-Purchase

11 Agreement Act, and provide proof of registration under the

12 Rental Purchase Agreement Occupation and Use Tax Act. This

13 paragraph is exempt from the provisions of Section 3-90.

14 (39) Tangible personal property purchased by a purchaser

15 who is exempt from the tax imposed by this Act by operation of

16 federal law. This paragraph is exempt from the provisions of

17 Section 3-90.

18 (40) Qualified tangible personal property used in the

19 construction or operation of a data center that has been

20 granted a certificate of exemption by the Department of

21 Commerce and Economic Opportunity, whether that tangible

22 personal property is purchased by the owner, operator, or

23 tenant of the data center or by a contractor or subcontractor

24 of the owner, operator, or tenant. Data centers that would

25 have qualified for a certificate of exemption prior to January

26 1, 2020 had Public Act 101-31 been in effect may apply for and

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1 obtain an exemption for subsequent purchases of computer

2 equipment or enabling software purchased or leased to upgrade,

3 supplement, or replace computer equipment or enabling software

4 purchased or leased in the original investment that would have

5 qualified.

6 The Department of Commerce and Economic Opportunity shall

7 grant a certificate of exemption under this item (40) to

8 qualified data centers as defined by Section 605-1025 of the

9 Department of Commerce and Economic Opportunity Law of the

10 Civil Administrative Code of Illinois.

11 For the purposes of this item (40):

12 "Data center" means a building or a series of

13 buildings rehabilitated or constructed to house working

14 servers in one physical location or multiple sites within

15 the State of Illinois.

16 "Qualified tangible personal property" means:

17 electrical systems and equipment; climate control and

18 chilling equipment and systems; mechanical systems and

19 equipment; monitoring and secure systems; emergency

20 generators; hardware; computers; servers; data storage

21 devices; network connectivity equipment; racks; cabinets;

22 telecommunications cabling infrastructure; raised floor

23 systems; peripheral components or systems; software;

24 mechanical, electrical, or plumbing systems; battery

25 systems; cooling systems and towers; temperature control

26 systems; other cabling; and other data center

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1 infrastructure equipment and systems necessary to operate

2 qualified tangible personal property, including fixtures;

3 and component parts of any of the foregoing, including

4 installation, maintenance, repair, refurbishment, and

5 replacement of qualified tangible personal property to

6 generate, transform, transmit, distribute, or manage

7 electricity necessary to operate qualified tangible

8 personal property; and all other tangible personal

9 property that is essential to the operations of a computer

10 data center. The term "qualified tangible personal

11 property" also includes building materials physically

12 incorporated into the qualifying data center. To document

13 the exemption allowed under this Section, the retailer

14 must obtain from the purchaser a copy of the certificate

15 of eligibility issued by the Department of Commerce and

16 Economic Opportunity.

17 This item (40) is exempt from the provisions of Section

18 3-90.

19 (41) Beginning July 1, 2022, breast pumps, breast pump

20 collection and storage supplies, and breast pump kits. This

21 item (41) is exempt from the provisions of Section 3-90. As

22 used in this item (41):

23 "Breast pump" means an electrically controlled or

24 manually controlled pump device designed or marketed to be

25 used to express milk from a human breast during lactation,

26 including the pump device and any battery, AC adapter, or

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1 other power supply unit that is used to power the pump

2 device and is packaged and sold with the pump device at the

3 time of sale.

4 "Breast pump collection and storage supplies" means

5 items of tangible personal property designed or marketed

6 to be used in conjunction with a breast pump to collect

7 milk expressed from a human breast and to store collected

8 milk until it is ready for consumption.

9 "Breast pump collection and storage supplies"

10 includes, but is not limited to: breast shields and breast

11 shield connectors; breast pump tubes and tubing adapters;

12 breast pump valves and membranes; backflow protectors and

13 backflow protector adaptors; bottles and bottle caps

14 specific to the operation of the breast pump; and breast

15 milk storage bags.

16 "Breast pump collection and storage supplies" does not

17 include: (1) bottles and bottle caps not specific to the

18 operation of the breast pump; (2) breast pump travel bags

19 and other similar carrying accessories, including ice

20 packs, labels, and other similar products; (3) breast pump

21 cleaning supplies; (4) nursing bras, bra pads, breast

22 shells, and other similar products; and (5) creams,

23 ointments, and other similar products that relieve

24 breastfeeding-related symptoms or conditions of the

25 breasts or nipples, unless sold as part of a breast pump

26 kit that is pre-packaged by the breast pump manufacturer

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1 or distributor.

2 "Breast pump kit" means a kit that: (1) contains no

3 more than a breast pump, breast pump collection and

4 storage supplies, a rechargeable battery for operating the

5 breast pump, a breastmilk cooler, bottle stands, ice

6 packs, and a breast pump carrying case; and (2) is

7 pre-packaged as a breast pump kit by the breast pump

8 manufacturer or distributor.

9 (42) Tangible personal property sold by or on behalf of

10 the State Treasurer pursuant to the Revised Uniform Unclaimed

11 Property Act. This item (42) is exempt from the provisions of

12 Section 3-90.

13 (43) Beginning on January 1, 2024, tangible personal

14 property purchased by an active duty member of the armed

15 forces of the United States who presents valid military

16 identification and purchases the property using a form of

17 payment where the federal government is the payor. The member

18 of the armed forces must complete, at the point of sale, a form

19 prescribed by the Department of Revenue documenting that the

20 transaction is eligible for the exemption under this

21 paragraph. Retailers must keep the form as documentation of

22 the exemption in their records for a period of not less than 6

23 years. "Armed forces of the United States" means the United

24 States Army, Navy, Air Force, Space Force, Marine Corps, or

25 Coast Guard. This paragraph is exempt from the provisions of

26 Section 3-90.

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1 (44) Beginning July 1, 2024, home-delivered meals provided

2 to Medicare or Medicaid recipients when payment is made by an

3 intermediary, such as a Medicare Administrative Contractor, a

4 Managed Care Organization, or a Medicare Advantage

5 Organization, pursuant to a government contract. This item

6 (44) is exempt from the provisions of Section 3-90.

7 (45) Beginning on January 1, 2026, as further defined in

8 Section 3-10, food for human consumption that is to be

9 consumed off the premises where it is sold (other than

10 alcoholic beverages, food consisting of or infused with adult

11 use cannabis, soft drinks, candy, ~~and~~ food that has been

12 prepared for immediate consumption, and, beginning on November

13 12, 2026, food that is a final consumer hemp cannabinoid

14 product as defined in the Illinois Hemp Act). This item (45) is

15 exempt from the provisions of Section 3-90.

16 (46) Use by the lessee of the following leased tangible

17 personal property:

18 (1) software transferred subject to a license that

19 meets the following requirements:

20 (A) it is evidenced by a written agreement signed

21 by the licensor and the customer;

22 (i) an electronic agreement in which the

23 customer accepts the license by means of an

24 electronic signature that is verifiable and can be

25 authenticated and is attached to or made part of

26 the license will comply with this requirement;

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1 (ii) a license agreement in which the customer

2 electronically accepts the terms by clicking "I

3 agree" does not comply with this requirement;

4 (B) it restricts the customer's duplication and

5 use of the software;

6 (C) it prohibits the customer from licensing,

7 sublicensing, or transferring the software to a third

8 party (except to a related party) without the

9 permission and continued control of the licensor;

10 (D) the licensor has a policy of providing another

11 copy at minimal or no charge if the customer loses or

12 damages the software, or of permitting the licensee to

13 make and keep an archival copy, and such policy is

14 either stated in the license agreement, supported by

15 the licensor's books and records, or supported by a

16 notarized statement made under penalties of perjury by

17 the licensor; and

18 (E) the customer must destroy or return all copies

19 of the software to the licensor at the end of the

20 license period; this provision is deemed to be met, in

21 the case of a perpetual license, without being set

22 forth in the license agreement; and

23 (2) property that is subject to a tax on lease

24 receipts imposed by a home rule unit of local government

25 if the ordinance imposing that tax was adopted prior to

26 January 1, 2023.

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1 (Source: P.A. 103-9, Article 5, Section 5-5, eff. 6-7-23;

2 103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff.

3 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

4 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

5 103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)

6 (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10

7 Sec. 3-10. Rate of tax. Unless otherwise provided in this

8 Section, the tax imposed by this Act is at the rate of 6.25% of

9 either the selling price or the fair market value, if any, of

10 the tangible personal property, which, on and after January 1,

11 2025, includes leases of tangible personal property. In all

12 cases where property functionally used or consumed is the same

13 as the property that was purchased at retail, then the tax is

14 imposed on the selling price of the property. In all cases

15 where property functionally used or consumed is a by-product

16 or waste product that has been refined, manufactured, or

17 produced from property purchased at retail, then the tax is

18 imposed on the lower of the fair market value, if any, of the

19 specific property so used in this State or on the selling price

20 of the property purchased at retail. For purposes of this

21 Section "fair market value" means the price at which property

22 would change hands between a willing buyer and a willing

23 seller, neither being under any compulsion to buy or sell and

24 both having reasonable knowledge of the relevant facts. The

25 fair market value shall be established by Illinois sales by

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1 the taxpayer of the same property as that functionally used or

2 consumed, or if there are no such sales by the taxpayer, then

3 comparable sales or purchases of property of like kind and

4 character in Illinois.

5 Beginning on July 1, 2000 and through December 31, 2000,

6 with respect to motor fuel, as defined in Section 1.1 of the

7 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

8 the Use Tax Act, the tax is imposed at the rate of 1.25%.

9 Beginning on August 6, 2010 through August 15, 2010, and

10 beginning again on August 5, 2022 through August 14, 2022,

11 with respect to sales tax holiday items as defined in Section

12 3-6 of this Act, the tax is imposed at the rate of 1.25%.

13 With respect to gasohol, the tax imposed by this Act

14 applies to (i) 70% of the proceeds of sales made on or after

15 January 1, 1990, and before July 1, 2003, (ii) 80% of the

16 proceeds of sales made on or after July 1, 2003 and on or

17 before July 1, 2017, (iii) 100% of the proceeds of sales made

18 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

19 the proceeds of sales made on or after January 1, 2024 and on

20 or before December 31, 2028, and (v) 100% of the proceeds of

21 sales made after December 31, 2028. If, at any time, however,

22 the tax under this Act on sales of gasohol is imposed at the

23 rate of 1.25%, then the tax imposed by this Act applies to 100%

24 of the proceeds of sales of gasohol made during that time.

25 With respect to mid-range ethanol blends, the tax imposed

26 by this Act applies to (i) 80% of the proceeds of sales made on

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1 or after January 1, 2024 and on or before December 31, 2028 and

2 (ii) 100% of the proceeds of sales made thereafter. If, at any

3 time, however, the tax under this Act on sales of mid-range

4 ethanol blends is imposed at the rate of 1.25%, then the tax

5 imposed by this Act applies to 100% of the proceeds of sales of

6 mid-range ethanol blends made during that time.

7 With respect to majority blended ethanol fuel, the tax

8 imposed by this Act does not apply to the proceeds of sales

9 made on or after July 1, 2003 and on or before December 31,

10 2028 but applies to 100% of the proceeds of sales made

11 thereafter.

12 With respect to biodiesel blends with no less than 1% and

13 no more than 10% biodiesel, the tax imposed by this Act applies

14 to (i) 80% of the proceeds of sales made on or after July 1,

15 2003 and on or before December 31, 2018 and (ii) 100% of the

16 proceeds of sales made after December 31, 2018 and before

17 January 1, 2024. On and after January 1, 2024 and on or before

18 December 31, 2030, the taxation of biodiesel, renewable

19 diesel, and biodiesel blends shall be as provided in Section

20 3-5.1. If, at any time, however, the tax under this Act on

21 sales of biodiesel blends with no less than 1% and no more than

22 10% biodiesel is imposed at the rate of 1.25%, then the tax

23 imposed by this Act applies to 100% of the proceeds of sales of

24 biodiesel blends with no less than 1% and no more than 10%

25 biodiesel made during that time.

26 With respect to biodiesel and biodiesel blends with more

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1 than 10% but no more than 99% biodiesel, the tax imposed by

2 this Act does not apply to the proceeds of sales made on or

3 after July 1, 2003 and on or before December 31, 2023. On and

4 after January 1, 2024 and on or before December 31, 2030, the

5 taxation of biodiesel, renewable diesel, and biodiesel blends

6 shall be as provided in Section 3-5.1.

7 Until July 1, 2022 and from July 1, 2023 through December

8 31, 2025, with respect to food for human consumption that is to

9 be consumed off the premises where it is sold (other than

10 alcoholic beverages, food consisting of or infused with adult

11 use cannabis, soft drinks, ~~and~~ food that has been prepared for

12 immediate consumption, and, beginning on November 12, 2026,

13 food that is a final consumer hemp cannabinoid product as

14 defined in the Illinois Hemp Act), the tax is imposed at the

15 rate of 1%. Beginning on July 1, 2022 and until July 1, 2023,

16 with respect to food for human consumption that is to be

17 consumed off the premises where it is sold (other than

18 alcoholic beverages, food consisting of or infused with adult

19 use cannabis, soft drinks, and food that has been prepared for

20 immediate consumption), the tax is imposed at the rate of 0%.

21 On and after January 1, 2026, food for human consumption that

22 is to be consumed off the premises where it is sold (other than

23 alcoholic beverages, food consisting of or infused with adult

24 use cannabis, soft drinks, candy, and food that has been

25 prepared for immediate consumption) is exempt from the tax

26 imposed by this Act.

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1 With respect to prescription and nonprescription

2 medicines, drugs, medical appliances, products classified as

3 Class III medical devices by the United States Food and Drug

4 Administration that are used for cancer treatment pursuant to

5 a prescription, as well as any accessories and components

6 related to those devices, modifications to a motor vehicle for

7 the purpose of rendering it usable by a person with a

8 disability, and insulin, blood sugar testing materials,

9 syringes, and needles used by human diabetics, the tax is

10 imposed at the rate of 1%. For the purposes of this Section,

11 until September 1, 2009: the term "soft drinks" means any

12 complete, finished, ready-to-use, non-alcoholic drink, whether

13 carbonated or not, including, but not limited to, soda water,

14 cola, fruit juice, vegetable juice, carbonated water, and all

15 other preparations commonly known as soft drinks of whatever

16 kind or description that are contained in any closed or sealed

17 bottle, can, carton, or container, regardless of size; but

18 "soft drinks" does not include coffee, tea, non-carbonated

19 water, infant formula, milk or milk products as defined in the

20 Grade A Pasteurized Milk and Milk Products Act, or drinks

21 containing 50% or more natural fruit or vegetable juice.

22 Notwithstanding any other provisions of this Act,

23 beginning September 1, 2009, "soft drinks" means non-alcoholic

24 beverages that contain natural or artificial sweeteners. "Soft

25 drinks" does not include beverages that contain milk or milk

26 products, soy, rice or similar milk substitutes, or greater

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1 than 50% of vegetable or fruit juice by volume.

2 Until August 1, 2009, and notwithstanding any other

3 provisions of this Act, "food for human consumption that is to

4 be consumed off the premises where it is sold" includes all

5 food sold through a vending machine, except soft drinks and

6 food products that are dispensed hot from a vending machine,

7 regardless of the location of the vending machine. Beginning

8 August 1, 2009, and notwithstanding any other provisions of

9 this Act, "food for human consumption that is to be consumed

10 off the premises where it is sold" includes all food sold

11 through a vending machine, except soft drinks, candy, and food

12 products that are dispensed hot from a vending machine,

13 regardless of the location of the vending machine.

14 Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "food for human consumption that

16 is to be consumed off the premises where it is sold" does not

17 include candy. For purposes of this Section, "candy" means a

18 preparation of sugar, honey, or other natural or artificial

19 sweeteners in combination with chocolate, fruits, nuts or

20 other ingredients or flavorings in the form of bars, drops, or

21 pieces. "Candy" does not include any preparation that contains

22 flour or requires refrigeration.

23 Notwithstanding any other provisions of this Act,

24 beginning September 1, 2009, "nonprescription medicines and

25 drugs" does not include grooming and hygiene products. For

26 purposes of this Section, "grooming and hygiene products"

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1 includes, but is not limited to, soaps and cleaning solutions,

2 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

3 lotions and screens, unless those products are available by

4 prescription only, regardless of whether the products meet the

5 definition of "over-the-counter-drugs". For the purposes of

6 this paragraph, "over-the-counter-drug" means a drug for human

7 use that contains a label that identifies the product as a drug

8 as required by 21 CFR 201.66. The "over-the-counter-drug"

9 label includes:

10 (A) a "Drug Facts" panel; or

11 (B) a statement of the "active ingredient(s)" with a

12 list of those ingredients contained in the compound,

13 substance or preparation.

14 Beginning on January 1, 2014 (the effective date of Public

15 Act 98-122), "prescription and nonprescription medicines and

16 drugs" includes medical cannabis purchased from a registered

17 dispensing organization under the Compassionate Use of Medical

18 Cannabis Program Act.

19 Beginning 90 days after the effective date of this

20 amendatory Act of the 104th General Assembly, "prescription

21 and nonprescription medicines and drugs" includes cannabis or

22 cannabis-infused products purchased by a qualified patient,

23 provisional patient, designated caregiver, or Opioid

24 Alternative Patient Program participant as part of that

25 individual's adequate medical supply from any dispensary that

26 has been issued a Medical Cannabis Dispensing Organization

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1 license, as these terms are defined under the Cannabis

2 Regulation and Tax Act.

3 Beginning on the November 12, 2026, "prescription and

4 nonprescription medicines and drugs" does not include a final

5 consumer hemp cannabinoid product as defined in the Illinois

6 Hemp Act.

7 As used in this Section, "adult use cannabis" means

8 cannabis subject to tax under the Cannabis Cultivation

9 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

10 and does not include cannabis subject to tax under the

11 Compassionate Use of Medical Cannabis Program Act.

12 Beginning 90 days after the effective date of this

13 amendatory Act of the 104th General Assembly, as used in this

14 Section, "adult use cannabis" does not include 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.

21 If the property that is purchased at retail from a

22 retailer is acquired outside Illinois and used outside

23 Illinois before being brought to Illinois for use here and is

24 taxable under this Act, the "selling price" on which the tax is

25 computed shall be reduced by an amount that represents a

26 reasonable allowance for depreciation for the period of prior

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1 out-of-state use. No depreciation is allowed in cases where

2 the tax under this Act is imposed on lease receipts.

3 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

4 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.

5 8-15-25.)

6 Section 125. The Service Use Tax Act is amended by

7 changing Sections 3-5 and 3-10 as follows:

8 (35 ILCS 110/3-5)

9 Sec. 3-5. Exemptions. Use of the following tangible

10 personal property is exempt from the tax imposed by this Act:

11 (1) Personal property purchased from a corporation,

12 society, association, foundation, institution, or

13 organization, other than a limited liability company, that is

14 organized and operated as a not-for-profit service enterprise

15 for the benefit of persons 65 years of age or older if the

16 personal property was not purchased by the enterprise for the

17 purpose of resale by the enterprise.

18 (2) Personal property purchased by a non-profit Illinois

19 county fair association for use in conducting, operating, or

20 promoting the county fair.

21 (3) Personal property purchased by a not-for-profit arts

22 or cultural organization that establishes, by proof required

23 by the Department by rule, that it has received an exemption

24 under Section 501(c)(3) of the Internal Revenue Code and that

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1 is organized and operated primarily for the presentation or

2 support of arts or cultural programming, activities, or

3 services. These organizations include, but are not limited to,

4 music and dramatic arts organizations such as symphony

5 orchestras and theatrical groups, arts and cultural service

6 organizations, local arts councils, visual arts organizations,

7 and media arts organizations. On and after July 1, 2001 (the

8 effective date of Public Act 92-35), however, an entity

9 otherwise eligible for this exemption shall not make tax-free

10 purchases unless it has an active identification number issued

11 by the Department.

12 (4) Legal tender, currency, medallions, or gold or silver

13 coinage issued by the State of Illinois, the government of the

14 United States of America, or the government of any foreign

15 country, and bullion.

16 (5) Until July 1, 2003 and beginning again on September 1,

17 2004 through August 30, 2014, graphic arts machinery and

18 equipment, including repair and replacement parts, both new

19 and used, and including that manufactured on special order or

20 purchased for lease, certified by the purchaser to be used

21 primarily for graphic arts production. Equipment includes

22 chemicals or chemicals acting as catalysts but only if the

23 chemicals or chemicals acting as catalysts effect a direct and

24 immediate change upon a graphic arts product. Beginning on

25 July 1, 2017, graphic arts machinery and equipment is included

26 in the manufacturing and assembling machinery and equipment

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1 exemption under Section 2 of this Act.

2 (6) Personal property purchased from a teacher-sponsored

3 student organization affiliated with an elementary or

4 secondary school located in Illinois.

5 (7) Farm machinery and equipment, both new and used,

6 including that manufactured on special order, certified by the

7 purchaser to be used primarily for production agriculture or

8 State or federal agricultural programs, including individual

9 replacement parts for the machinery and equipment, including

10 machinery and equipment purchased for lease, and including

11 implements of husbandry defined in Section 1-130 of the

12 Illinois Vehicle Code, farm machinery and agricultural

13 chemical and fertilizer spreaders, and nurse wagons required

14 to be registered under Section 3-809 of the Illinois Vehicle

15 Code, but excluding other motor vehicles required to be

16 registered under the Illinois Vehicle Code. Horticultural

17 polyhouses or hoop houses used for propagating, growing, or

18 overwintering plants shall be considered farm machinery and

19 equipment under this item (7). Agricultural chemical tender

20 tanks and dry boxes shall include units sold separately from a

21 motor vehicle required to be licensed and units sold mounted

22 on a motor vehicle required to be licensed if the selling price

23 of the tender is separately stated.

24 Farm machinery and equipment shall include precision

25 farming equipment that is installed or purchased to be

26 installed on farm machinery and equipment, including, but not

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1 limited to, tractors, harvesters, sprayers, planters, seeders,

2 or spreaders. Precision farming equipment includes, but is not

3 limited to, soil testing sensors, computers, monitors,

4 software, global positioning and mapping systems, and other

5 such equipment.

6 Farm machinery and equipment also includes computers,

7 sensors, software, and related equipment used primarily in the

8 computer-assisted operation of production agriculture

9 facilities, equipment, and activities such as, but not limited

10 to, the collection, monitoring, and correlation of animal and

11 crop data for the purpose of formulating animal diets and

12 agricultural chemicals.

13 Beginning on January 1, 2024, farm machinery and equipment

14 also includes electrical power generation equipment used

15 primarily for production agriculture.

16 This item (7) is exempt from the provisions of Section

17 3-75.

18 (8) Until June 30, 2013, fuel and petroleum products sold

19 to or used by an air common carrier, certified by the carrier

20 to be used for consumption, shipment, or storage in the

21 conduct of its business as an air common carrier, for a flight

22 destined for or returning from a location or locations outside

23 the United States without regard to previous or subsequent

24 domestic stopovers.

25 Beginning July 1, 2013, fuel and petroleum products sold

26 to or used by an air carrier, certified by the carrier to be

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1 used for consumption, shipment, or storage in the conduct of

2 its business as an air common carrier, for a flight that (i) is

3 engaged in foreign trade or is engaged in trade between the

4 United States and any of its possessions and (ii) transports

5 at least one individual or package for hire from the city of

6 origination to the city of final destination on the same

7 aircraft, without regard to a change in the flight number of

8 that aircraft.

9 (9) Proceeds of mandatory service charges separately

10 stated on customers' bills for the purchase and consumption of

11 food and beverages acquired as an incident to the purchase of a

12 service from a serviceman, to the extent that the proceeds of

13 the service charge are in fact turned over as tips or as a

14 substitute for tips to the employees who participate directly

15 in preparing, serving, hosting or cleaning up the food or

16 beverage function with respect to which the service charge is

17 imposed.

18 (10) Until July 1, 2003, oil field exploration, drilling,

19 and production equipment, including (i) rigs and parts of

20 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

21 pipe and tubular goods, including casing and drill strings,

22 (iii) pumps and pump-jack units, (iv) storage tanks and flow

23 lines, (v) any individual replacement part for oil field

24 exploration, drilling, and production equipment, and (vi)

25 machinery and equipment purchased for lease; but excluding

26 motor vehicles required to be registered under the Illinois

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1 Vehicle Code.

2 (11) Proceeds from the sale of photoprocessing machinery

3 and equipment, including repair and replacement parts, both

4 new and used, including that manufactured on special order,

5 certified by the purchaser to be used primarily for

6 photoprocessing, and including photoprocessing machinery and

7 equipment purchased for lease.

8 (12) Until July 1, 2028, coal and aggregate exploration,

9 mining, off-highway hauling, processing, maintenance, and

10 reclamation equipment, including replacement parts and

11 equipment, and including equipment purchased for lease, but

12 excluding motor vehicles required to be registered under the

13 Illinois Vehicle Code. The changes made to this Section by

14 Public Act 97-767 apply on and after July 1, 2003, but no claim

15 for credit or refund is allowed on or after August 16, 2013

16 (the effective date of Public Act 98-456) for such taxes paid

17 during the period beginning July 1, 2003 and ending on August

18 16, 2013 (the effective date of Public Act 98-456).

19 (13) Semen used for artificial insemination of livestock

20 for direct agricultural production.

21 (14) Horses, or interests in horses, registered with and

22 meeting the requirements of any of the Arabian Horse Club

23 Registry of America, Appaloosa Horse Club, American Quarter

24 Horse Association, United States Trotting Association, or

25 Jockey Club, as appropriate, used for purposes of breeding or

26 racing for prizes. This item (14) is exempt from the

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1 provisions of Section 3-75, and the exemption provided for

2 under this item (14) applies for all periods beginning May 30,

3 1995, but no claim for credit or refund is allowed on or after

4 January 1, 2008 (the effective date of Public Act 95-88) for

5 such taxes paid during the period beginning May 30, 2000 and

6 ending on January 1, 2008 (the effective date of Public Act

7 95-88).

8 (15) Computers and communications equipment utilized for

9 any hospital purpose and equipment used in the diagnosis,

10 analysis, or treatment of hospital patients purchased by a

11 lessor who leases the equipment, under a lease of one year or

12 longer executed or in effect at the time the lessor would

13 otherwise be subject to the tax imposed by this Act, to a

14 hospital that has been issued an active tax exemption

15 identification number by the Department under Section 1g of

16 the Retailers' Occupation Tax Act. If the equipment is leased

17 in a manner that does not qualify for this exemption or is used

18 in any other non-exempt manner, the lessor shall be liable for

19 the tax imposed under this Act or the Use Tax Act, as the case

20 may be, based on the fair market value of the property at the

21 time the non-qualifying use occurs. No lessor shall collect or

22 attempt to collect an amount (however designated) that

23 purports to reimburse that lessor for the tax imposed by this

24 Act or the Use Tax Act, as the case may be, if the tax has not

25 been paid by the lessor. If a lessor improperly collects any

26 such amount from the lessee, the lessee shall have a legal

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1 right to claim a refund of that amount from the lessor. If,

2 however, that amount is not refunded to the lessee for any

3 reason, the lessor is liable to pay that amount to the

4 Department.

5 (16) Personal property purchased by a lessor who leases

6 the property, under a lease of one year or longer executed or

7 in effect at the time the lessor would otherwise be subject to

8 the tax imposed by this Act, to a governmental body that has

9 been issued an active tax exemption identification number by

10 the Department under Section 1g of the Retailers' Occupation

11 Tax Act. If the property is leased in a manner that does not

12 qualify for this exemption or is used in any other non-exempt

13 manner, the lessor shall be liable for the tax imposed under

14 this Act or the Use Tax Act, as the case may be, based on the

15 fair market value of the property at the time the

16 non-qualifying 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.

25 (17) Beginning with taxable years ending on or after

26 December 31, 1995 and ending with taxable years ending on or

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1 before December 31, 2004, personal property that is donated

2 for disaster relief to be used in a State or federally declared

3 disaster area in Illinois or bordering Illinois by a

4 manufacturer or retailer that is registered in this State to a

5 corporation, society, association, foundation, or institution

6 that has been issued a sales tax exemption identification

7 number by the Department that assists victims of the disaster

8 who reside within the declared disaster area.

9 (18) Beginning with taxable years ending on or after

10 December 31, 1995 and ending with taxable years ending on or

11 before December 31, 2004, personal property that is used in

12 the performance of infrastructure repairs in this State,

13 including, but not limited to, municipal roads and streets,

14 access roads, bridges, sidewalks, waste disposal systems,

15 water and sewer line extensions, water distribution and

16 purification facilities, storm water drainage and retention

17 facilities, and sewage treatment facilities, resulting from a

18 State or federally declared disaster in Illinois or bordering

19 Illinois when such repairs are initiated on facilities located

20 in the declared disaster area within 6 months after the

21 disaster.

22 (19) Beginning July 1, 1999, game or game birds purchased

23 at a "game breeding and hunting preserve area" as that term is

24 used in the Wildlife Code. This paragraph is exempt from the

25 provisions of Section 3-75.

26 (20) A motor vehicle, as that term is defined in Section

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1 1-146 of the Illinois Vehicle Code, that is donated to a

2 corporation, limited liability company, society, association,

3 foundation, or institution that is determined by the

4 Department to be organized and operated exclusively for

5 educational purposes. For purposes of this exemption, "a

6 corporation, limited liability company, society, association,

7 foundation, or institution organized and operated exclusively

8 for educational purposes" means all tax-supported public

9 schools, private schools that offer systematic instruction in

10 useful branches of learning by methods common to public

11 schools and that compare favorably in their scope and

12 intensity with the course of study presented in tax-supported

13 schools, and vocational or technical schools or institutes

14 organized and operated exclusively to provide a course of

15 study of not less than 6 weeks duration and designed to prepare

16 individuals to follow a trade or to pursue a manual,

17 technical, mechanical, industrial, business, or commercial

18 occupation.

19 (21) Beginning January 1, 2000, personal property,

20 including food, purchased through fundraising events for the

21 benefit of a public or private elementary or secondary school,

22 a group of those schools, or one or more school districts if

23 the events are sponsored by an entity recognized by the school

24 district that consists primarily of volunteers and includes

25 parents and teachers of the school children. This paragraph

26 does not apply to fundraising events (i) for the benefit of

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1 private home instruction or (ii) for which the fundraising

2 entity purchases the personal property sold at the events from

3 another individual or entity that sold the property for the

4 purpose of resale by the fundraising entity and that profits

5 from the sale to the fundraising entity. This paragraph is

6 exempt from the provisions of Section 3-75.

7 (22) Beginning January 1, 2000 and through December 31,

8 2001, new or used automatic vending machines that prepare and

9 serve hot food and beverages, including coffee, soup, and

10 other items, and replacement parts for these machines.

11 Beginning January 1, 2002 and through June 30, 2003, machines

12 and parts for machines used in commercial, coin-operated

13 amusement and vending business if a use or occupation tax is

14 paid on the gross receipts derived from the use of the

15 commercial, coin-operated amusement and vending machines. This

16 paragraph is exempt from the provisions of Section 3-75.

17 (23) Beginning August 23, 2001 and through June 30, 2016,

18 food for human consumption that is to be consumed off the

19 premises where it is sold (other than alcoholic beverages,

20 soft drinks, and food that has been prepared for immediate

21 consumption) and prescription and nonprescription medicines,

22 drugs, medical appliances, and insulin, urine testing

23 materials, syringes, and needles used by diabetics, for human

24 use, when purchased for use by a person receiving medical

25 assistance under Article V of the Illinois Public Aid Code who

26 resides in a licensed long-term care facility, as defined in

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1 the Nursing Home Care Act, or in a licensed facility as defined

2 in the ID/DD Community Care Act, the MC/DD Act, or the

3 Specialized Mental Health Rehabilitation Act of 2013.

4 (24) Beginning on August 2, 2001 (the effective date of

5 Public Act 92-227), computers and communications equipment

6 utilized for any hospital purpose and equipment used in the

7 diagnosis, analysis, or treatment of hospital patients

8 purchased by a lessor who leases the equipment, under a lease

9 of one year or longer executed or in effect at the time the

10 lessor would otherwise be subject to the tax imposed by this

11 Act, to a hospital that has been issued an active tax exemption

12 identification number by the Department under Section 1g of

13 the Retailers' Occupation Tax Act. If the equipment is leased

14 in a manner that does not qualify for this exemption or is used

15 in any other nonexempt manner, the lessor shall be liable for

16 the tax imposed under this Act or the Use Tax Act, as the case

17 may be, based on the fair market value of the property at the

18 time the nonqualifying use occurs. No lessor shall collect or

19 attempt to collect an amount (however designated) that

20 purports to reimburse that lessor for the tax imposed by this

21 Act or the Use Tax Act, as the case may be, if the tax has not

22 been paid by the lessor. If a lessor improperly collects any

23 such amount from the lessee, the lessee shall have a legal

24 right to claim a refund of that amount from the lessor. If,

25 however, that amount is not refunded to the lessee for any

26 reason, the lessor is liable to pay that amount to the

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1 Department. This paragraph is exempt from the provisions of

2 Section 3-75.

3 (25) Beginning on August 2, 2001 (the effective date of

4 Public Act 92-227), personal property purchased by a lessor

5 who leases the property, under a lease of one year or longer

6 executed or in effect at the time the lessor would otherwise be

7 subject to the tax imposed by this Act, to a governmental body

8 that has been issued an active tax exemption identification

9 number by the Department under Section 1g of the Retailers'

10 Occupation Tax Act. If the property is leased in a manner that

11 does not qualify for this exemption or is used in any other

12 nonexempt manner, the lessor shall be liable for the tax

13 imposed under this Act or the Use Tax Act, as the case may be,

14 based on the fair market value of the property at the time the

15 nonqualifying use occurs. No lessor shall collect or attempt

16 to collect an amount (however designated) that purports to

17 reimburse that lessor for the tax imposed by this Act or the

18 Use Tax Act, as the case may be, if the tax has not been paid

19 by the lessor. If a lessor improperly collects any such amount

20 from the lessee, the lessee shall have a legal right to claim a

21 refund of that amount from the lessor. If, however, that

22 amount is not refunded to the lessee for any reason, the lessor

23 is liable to pay that amount to the Department. This paragraph

24 is exempt from the provisions of Section 3-75.

25 (26) Beginning January 1, 2008, tangible personal property

26 used in the construction or maintenance of a community water

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1 supply, as defined under Section 3.145 of the Environmental

2 Protection Act, that is operated by a not-for-profit

3 corporation that holds a valid water supply permit issued

4 under Title IV of the Environmental Protection Act. This

5 paragraph is exempt from the provisions of Section 3-75.

6 (27) Beginning January 1, 2010 and continuing through

7 December 31, 2029, materials, parts, equipment, components,

8 and furnishings incorporated into or upon an aircraft as part

9 of the modification, refurbishment, completion, replacement,

10 repair, or maintenance of the aircraft. This exemption

11 includes consumable supplies used in the modification,

12 refurbishment, completion, replacement, repair, and

13 maintenance of aircraft. However, until January 1, 2024, this

14 exemption excludes any materials, parts, equipment,

15 components, and consumable supplies used in the modification,

16 replacement, repair, and maintenance of aircraft engines or

17 power plants, whether such engines or power plants are

18 installed or uninstalled upon any such aircraft. "Consumable

19 supplies" include, but are not limited to, adhesive, tape,

20 sandpaper, general purpose lubricants, cleaning solution,

21 latex gloves, and protective films.

22 Beginning January 1, 2010 and continuing through December

23 31, 2023, this exemption applies only to the use of qualifying

24 tangible personal property transferred incident to the

25 modification, refurbishment, completion, replacement, repair,

26 or maintenance of aircraft by persons who (i) hold an Air

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1 Agency Certificate and are empowered to operate an approved

2 repair station by the Federal Aviation Administration, (ii)

3 have a Class IV Rating, and (iii) conduct operations in

4 accordance with Part 145 of the Federal Aviation Regulations.

5 From January 1, 2024 through December 31, 2029, this exemption

6 applies only to the use of qualifying tangible personal

7 property transferred incident to: (A) the modification,

8 refurbishment, completion, repair, replacement, or maintenance

9 of an aircraft by persons who (i) hold an Air Agency

10 Certificate and are empowered to operate an approved repair

11 station by the Federal Aviation Administration, (ii) have a

12 Class IV Rating, and (iii) conduct operations in accordance

13 with Part 145 of the Federal Aviation Regulations; and (B) the

14 modification, replacement, repair, and maintenance of aircraft

15 engines or power plants without regard to whether or not those

16 persons meet the qualifications of item (A).

17 The exemption does not include aircraft operated by a

18 commercial air carrier providing scheduled passenger air

19 service pursuant to authority issued under Part 121 or Part

20 129 of the Federal Aviation Regulations. The changes made to

21 this paragraph (27) by Public Act 98-534 are declarative of

22 existing law. It is the intent of the General Assembly that the

23 exemption under this paragraph (27) applies continuously from

24 January 1, 2010 through December 31, 2024; however, no claim

25 for credit or refund is allowed for taxes paid as a result of

26 the disallowance of this exemption on or after January 1, 2015

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1 and prior to February 5, 2020 (the effective date of Public Act

2 101-629).

3 (28) Tangible personal property purchased by a

4 public-facilities corporation, as described in Section

5 11-65-10 of the Illinois Municipal Code, for purposes of

6 constructing or furnishing a municipal convention hall, but

7 only if the legal title to the municipal convention hall is

8 transferred to the municipality without any further

9 consideration by or on behalf of the municipality at the time

10 of the completion of the municipal convention hall or upon the

11 retirement or redemption of any bonds or other debt

12 instruments issued by the public-facilities corporation in

13 connection with the development of the municipal convention

14 hall. This exemption includes existing public-facilities

15 corporations as provided in Section 11-65-25 of the Illinois

16 Municipal Code. This paragraph is exempt from the provisions

17 of Section 3-75.

18 (29) Beginning January 1, 2017 and through December 31,

19 2026, menstrual pads, tampons, and menstrual cups.

20 (30) Tangible personal property transferred to a purchaser

21 who is exempt from the tax imposed by this Act by operation of

22 federal law. This paragraph is exempt from the provisions of

23 Section 3-75.

24 (31) Qualified tangible personal property used in the

25 construction or operation of a data center that has been

26 granted a certificate of exemption by the Department of

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1 Commerce and Economic Opportunity, whether that tangible

2 personal property is purchased by the owner, operator, or

3 tenant of the data center or by a contractor or subcontractor

4 of the owner, operator, or tenant. Data centers that would

5 have qualified for a certificate of exemption prior to January

6 1, 2020 had Public Act 101-31 been in effect, may apply for and

7 obtain an exemption for subsequent purchases of computer

8 equipment or enabling software purchased or leased to upgrade,

9 supplement, or replace computer equipment or enabling software

10 purchased or leased in the original investment that would have

11 qualified.

12 The Department of Commerce and Economic Opportunity shall

13 grant a certificate of exemption under this item (31) to

14 qualified data centers as defined by Section 605-1025 of the

15 Department of Commerce and Economic Opportunity Law of the

16 Civil Administrative Code of Illinois.

17 For the purposes of this item (31):

18 "Data center" means a building or a series of

19 buildings rehabilitated or constructed to house working

20 servers in one physical location or multiple sites within

21 the State of Illinois.

22 "Qualified tangible personal property" means:

23 electrical systems and equipment; climate control and

24 chilling equipment and systems; mechanical systems and

25 equipment; monitoring and secure systems; emergency

26 generators; hardware; computers; servers; data storage

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1 devices; network connectivity equipment; racks; cabinets;

2 telecommunications cabling infrastructure; raised floor

3 systems; peripheral components or systems; software;

4 mechanical, electrical, or plumbing systems; battery

5 systems; cooling systems and towers; temperature control

6 systems; other cabling; and other data center

7 infrastructure equipment and systems necessary to operate

8 qualified tangible personal property, including fixtures;

9 and component parts of any of the foregoing, including

10 installation, maintenance, repair, refurbishment, and

11 replacement of qualified tangible personal property to

12 generate, transform, transmit, distribute, or manage

13 electricity necessary to operate qualified tangible

14 personal property; and all other tangible personal

15 property that is essential to the operations of a computer

16 data center. The term "qualified tangible personal

17 property" also includes building materials physically

18 incorporated into the qualifying data center. To document

19 the exemption allowed under this Section, the retailer

20 must obtain from the purchaser a copy of the certificate

21 of eligibility issued by the Department of Commerce and

22 Economic Opportunity.

23 This item (31) is exempt from the provisions of Section

24 3-75.

25 (32) Beginning July 1, 2022, breast pumps, breast pump

26 collection and storage supplies, and breast pump kits. This

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1 item (32) is exempt from the provisions of Section 3-75. As

2 used in this item (32):

3 "Breast pump" means an electrically controlled or

4 manually controlled pump device designed or marketed to be

5 used to express milk from a human breast during lactation,

6 including the pump device and any battery, AC adapter, or

7 other power supply unit that is used to power the pump

8 device and is packaged and sold with the pump device at the

9 time of sale.

10 "Breast pump collection and storage supplies" means

11 items of tangible personal property designed or marketed

12 to be used in conjunction with a breast pump to collect

13 milk expressed from a human breast and to store collected

14 milk until it is ready for consumption.

15 "Breast pump collection and storage supplies"

16 includes, but is not limited to: breast shields and breast

17 shield connectors; breast pump tubes and tubing adapters;

18 breast pump valves and membranes; backflow protectors and

19 backflow protector adaptors; bottles and bottle caps

20 specific to the operation of the breast pump; and breast

21 milk storage bags.

22 "Breast pump collection and storage supplies" does not

23 include: (1) bottles and bottle caps not specific to the

24 operation of the breast pump; (2) breast pump travel bags

25 and other similar carrying accessories, including ice

26 packs, labels, and other similar products; (3) breast pump

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1 cleaning supplies; (4) nursing bras, bra pads, breast

2 shells, and other similar products; and (5) creams,

3 ointments, and other similar products that relieve

4 breastfeeding-related symptoms or conditions of the

5 breasts or nipples, unless sold as part of a breast pump

6 kit that is pre-packaged by the breast pump manufacturer

7 or distributor.

8 "Breast pump kit" means a kit that: (1) contains no

9 more than a breast pump, breast pump collection and

10 storage supplies, a rechargeable battery for operating the

11 breast pump, a breastmilk cooler, bottle stands, ice

12 packs, and a breast pump carrying case; and (2) is

13 pre-packaged as a breast pump kit by the breast pump

14 manufacturer or distributor.

15 (33) Tangible personal property sold by or on behalf of

16 the State Treasurer pursuant to the Revised Uniform Unclaimed

17 Property Act. This item (33) is exempt from the provisions of

18 Section 3-75.

19 (34) Beginning on January 1, 2024, tangible personal

20 property purchased by an active duty member of the armed

21 forces of the United States who presents valid military

22 identification and purchases the property using a form of

23 payment where the federal government is the payor. The member

24 of the armed forces must complete, at the point of sale, a form

25 prescribed by the Department of Revenue documenting that the

26 transaction is eligible for the exemption under this

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1 paragraph. Retailers must keep the form as documentation of

2 the exemption in their records for a period of not less than 6

3 years. "Armed forces of the United States" means the United

4 States Army, Navy, Air Force, Space Force, Marine Corps, or

5 Coast Guard. This paragraph is exempt from the provisions of

6 Section 3-75.

7 (35) Beginning July 1, 2024, home-delivered meals provided

8 to Medicare or Medicaid recipients when payment is made by an

9 intermediary, such as a Medicare Administrative Contractor, a

10 Managed Care Organization, or a Medicare Advantage

11 Organization, pursuant to a government contract. This

12 paragraph (35) is exempt from the provisions of Section 3-75.

13 (36) Beginning on January 1, 2026, as further defined in

14 Section 3-10, food prepared for immediate consumption and

15 transferred incident to a sale of service subject to this Act

16 or the Service Occupation Tax Act by an entity licensed under

17 the Hospital Licensing Act, the Nursing Home Care Act, the

18 Assisted Living and Shared Housing Act, the ID/DD Community

19 Care Act, the MC/DD Act, the Specialized Mental Health

20 Rehabilitation Act of 2013, or the Child Care Act of 1969 or by

21 an entity that holds a permit issued pursuant to the Life Care

22 Facilities Act. This item (36) is exempt from the provisions

23 of Section 3-75.

24 (37) Beginning on January 1, 2026, as further defined in

25 Section 3-10, food for human consumption that is to be

26 consumed off the premises where it is sold (other than

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1 alcoholic beverages, food consisting of or infused with adult

2 use cannabis, soft drinks, candy, ~~and~~ food that has been

3 prepared for immediate consumption, and, beginning on November

4 12, 2026, food that is a final consumer hemp cannabinoid

5 product as defined in the Illinois Hemp Act). This item (37) is

6 exempt from the provisions of Section 3-75.

7 (38) Use by a lessee of the following leased tangible

8 personal property:

9 (1) software transferred subject to a license that

10 meets the following requirements:

11 (A) it is evidenced by a written agreement signed

12 by the licensor and the customer;

13 (i) an electronic agreement in which the

14 customer accepts the license by means of an

15 electronic signature that is verifiable and can be

16 authenticated and is attached to or made part of

17 the license will comply with this requirement;

18 (ii) a license agreement in which the customer

19 electronically accepts the terms by clicking "I

20 agree" does not comply with this requirement;

21 (B) it restricts the customer's duplication and

22 use of the software;

23 (C) it prohibits the customer from licensing,

24 sublicensing, or transferring the software to a third

25 party (except to a related party) without the

26 permission and continued control of the licensor;

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1 (D) the licensor has a policy of providing another

2 copy at minimal or no charge if the customer loses or

3 damages the software, or of permitting the licensee to

4 make and keep an archival copy, and such policy is

5 either stated in the license agreement, supported by

6 the licensor's books and records, or supported by a

7 notarized statement made under penalties of perjury by

8 the licensor; and

9 (E) the customer must destroy or return all copies

10 of the software to the licensor at the end of the

11 license period; this provision is deemed to be met, in

12 the case of a perpetual license, without being set

13 forth in the license agreement; and

14 (2) property that is subject to a tax on lease

15 receipts imposed by a home rule unit of local government

16 if the ordinance imposing that tax was adopted prior to

17 January 1, 2023.

18 (Source: P.A. 103-9, Article 5, Section 5-10, eff. 6-7-23;

19 103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff.

20 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

21 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

22 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.

23 8-15-25.)

24 (35 ILCS 110/3-10)

25 Sec. 3-10. Rate of tax. Unless otherwise provided in this

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1 Section, the tax imposed by this Act is at the rate of 6.25% of

2 the selling price of tangible personal property transferred,

3 including, on and after January 1, 2025, transferred by lease,

4 as an incident to the sale of service, but, for the purpose of

5 computing this tax, in no event shall the selling price be less

6 than the cost price of the property to the serviceman.

7 Beginning on July 1, 2000 and through December 31, 2000,

8 with respect to motor fuel, as defined in Section 1.1 of the

9 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

10 the Use Tax Act, the tax is imposed at the rate of 1.25%.

11 With respect to gasohol, as defined in the Use Tax Act, the

12 tax imposed by this Act applies to (i) 70% of the selling price

13 of property transferred as an incident to the sale of service

14 on or after January 1, 1990, and before July 1, 2003, (ii) 80%

15 of the selling price of property transferred as an incident to

16 the sale of service on or after July 1, 2003 and on or before

17 July 1, 2017, (iii) 100% of the selling price of property

18 transferred as an incident to the sale of service after July 1,

19 2017 and before January 1, 2024, (iv) 90% of the selling price

20 of property transferred as an incident to the sale of service

21 on or after January 1, 2024 and on or before December 31, 2028,

22 and (v) 100% of the selling price of property transferred as an

23 incident to the sale of service after December 31, 2028. If, at

24 any time, however, the tax under this Act on sales of gasohol,

25 as defined in the Use Tax Act, is imposed at the rate of 1.25%,

26 then the tax imposed by this Act applies to 100% of the

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1 proceeds of sales of gasohol made during that time.

2 With respect to mid-range ethanol blends, as defined in

3 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

4 applies to (i) 80% of the selling price of property

5 transferred as an incident to the sale of service on or after

6 January 1, 2024 and on or before December 31, 2028 and (ii)

7 100% of the selling price of property transferred as an

8 incident to the sale of service after December 31, 2028. If, at

9 any time, however, the tax under this Act on sales of mid-range

10 ethanol blends is imposed at the rate of 1.25%, then the tax

11 imposed by this Act applies to 100% of the selling price of

12 mid-range ethanol blends transferred as an incident to the

13 sale of service during that time.

14 With respect to majority blended ethanol fuel, as defined

15 in the Use Tax Act, the tax imposed by this Act does not apply

16 to 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 December 31, 2028 but applies to 100% of the selling price

19 thereafter.

20 With respect to biodiesel blends, as defined in the Use

21 Tax Act, with no less than 1% and no more than 10% biodiesel,

22 the tax imposed by this Act applies to (i) 80% of the selling

23 price of property transferred as an incident to the sale of

24 service on or after July 1, 2003 and on or before December 31,

25 2018 and (ii) 100% of the proceeds of the selling price after

26 December 31, 2018 and before January 1, 2024. On and after

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1 January 1, 2024 and on or before December 31, 2030, the

2 taxation of biodiesel, renewable diesel, and biodiesel blends

3 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

4 at any time, however, the tax under this Act on sales of

5 biodiesel blends, as defined in the Use Tax Act, with no less

6 than 1% and no more than 10% biodiesel is imposed at the rate

7 of 1.25%, then the tax imposed by this Act applies to 100% of

8 the proceeds of sales of biodiesel blends with no less than 1%

9 and no more than 10% biodiesel made during that time.

10 With respect to biodiesel, as defined in the Use Tax Act,

11 and biodiesel blends, as defined in the Use Tax Act, with more

12 than 10% but no more than 99% biodiesel, the tax imposed by

13 this Act does not apply to the proceeds of the selling price of

14 property transferred as an incident to the sale of service on

15 or after July 1, 2003 and on or before December 31, 2023. On

16 and after January 1, 2024 and on or before December 31, 2030,

17 the taxation of biodiesel, renewable diesel, and biodiesel

18 blends shall be as provided in Section 3-5.1 of the Use Tax

19 Act.

20 At the election of any registered serviceman made for each

21 fiscal year, for whom the aggregate annual cost price of

22 tangible personal property transferred as an incident to the

23 sales of service is less than 35%, or 75% in the case of

24 servicemen transferring prescription drugs or servicemen

25 engaged in graphic arts production, of the aggregate annual

26 total gross receipts from all sales of service, the tax

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1 imposed by this Act shall be based on the serviceman's cost

2 price of the tangible personal property transferred as an

3 incident to the sale of those services. This election may also

4 be made by any serviceman maintaining a place of business in

5 this State who makes retail sales from outside of this State to

6 Illinois customers but is not required to be registered under

7 Section 2a of the Retailers' Occupation Tax Act. Beginning

8 January 1, 2026, this election shall not apply to any sale of

9 service made through a marketplace that has met the threshold

10 in subsection (b-5) of Section 2d of this Act.

11 Beginning January 1, 2026, the tax shall be imposed at the

12 rate of 6.25% of 50% of the entire billing to the service

13 customer for all sales of service made through a marketplace

14 that has met the threshold in subsection (b-5) of Section 2d of

15 this Act. In no event shall 50% of the entire billing be less

16 than the cost price of the property to the marketplace

17 serviceman or the marketplace facilitator on its own sales of

18 service.

19 Until July 1, 2022 and from July 1, 2023 through December

20 31, 2025, the tax shall be imposed at the rate of 1% on food

21 prepared for immediate consumption and transferred incident to

22 a sale of service subject to this Act or the Service Occupation

23 Tax Act by an entity licensed under the Hospital Licensing

24 Act, the Nursing Home Care Act, the Assisted Living and Shared

25 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

26 Specialized Mental Health Rehabilitation Act of 2013, or the

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1 Child Care Act of 1969, or an entity that holds a permit issued

2 pursuant to the Life Care Facilities Act. Until July 1, 2022

3 and from July 1, 2023 through December 31, 2025, the tax shall

4 also be imposed at the rate of 1% on food for human consumption

5 that is to be consumed off the premises where it is sold (other

6 than alcoholic beverages, food consisting of or infused with

7 adult use cannabis, soft drinks, and food that has been

8 prepared for immediate consumption and is not otherwise

9 included in this paragraph).

10 Beginning on July 1, 2022 and until July 1, 2023, the tax

11 shall be imposed at the rate of 0% on food prepared for

12 immediate consumption and transferred incident to a sale of

13 service subject to this Act or the Service Occupation Tax Act

14 by an entity licensed under the Hospital Licensing Act, the

15 Nursing Home Care Act, the Assisted Living and Shared Housing

16 Act, the ID/DD Community Care Act, the MC/DD Act, the

17 Specialized Mental Health Rehabilitation Act of 2013, or the

18 Child Care Act of 1969, or an entity that holds a permit issued

19 pursuant to the Life Care Facilities Act. Beginning on July 1,

20 2022 and until July 1, 2023, the tax shall also be imposed at

21 the rate of 0% on food for human consumption that is to be

22 consumed off the premises where it is sold (other than

23 alcoholic beverages, food consisting of or infused with adult

24 use cannabis, soft drinks, ~~and~~ food that has been prepared for

25 immediate consumption and is not otherwise included in this

26 paragraph, and, beginning on November 12, 2026, food that is a

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1 final consumer hemp cannabinoid product as defined in the

2 Illinois Hemp Act).

3 On and after January 1, 2026, food prepared for immediate

4 consumption and transferred incident to a sale of service

5 subject to this Act or the Service Occupation Tax Act by an

6 entity licensed under the Hospital Licensing Act, the Nursing

7 Home Care Act, the Assisted Living and Shared Housing Act, the

8 ID/DD Community Care Act, the MC/DD Act, the Specialized

9 Mental Health Rehabilitation Act of 2013, or the Child Care

10 Act of 1969, or by an entity that holds a permit issued

11 pursuant to the Life Care Facilities Act is exempt from the tax

12 under this Act. On and after January 1, 2026, food for human

13 consumption that is to be consumed off the premises where it is

14 sold (other than alcoholic beverages, food consisting of or

15 infused with adult use cannabis, soft drinks, candy, and food

16 that has been prepared for immediate consumption and is not

17 otherwise included in this paragraph) is exempt from the tax

18 under this Act.

19 The tax shall be imposed at the rate of 1% on prescription

20 and nonprescription medicines, drugs, medical appliances,

21 products classified as Class III medical devices by the United

22 States Food and Drug Administration that are used for cancer

23 treatment pursuant to a prescription, as well as any

24 accessories and components related to those devices,

25 modifications to a motor vehicle for the purpose of rendering

26 it usable by a person with a disability, and insulin, blood

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1 sugar testing materials, syringes, and needles used by human

2 diabetics. For the purposes of this Section, until September

3 1, 2009: the term "soft drinks" means any complete, finished,

4 ready-to-use, non-alcoholic drink, whether carbonated or not,

5 including, but not limited to, soda water, cola, fruit juice,

6 vegetable juice, carbonated water, and all other preparations

7 commonly known as soft drinks of whatever kind or description

8 that are contained in any closed or sealed bottle, can,

9 carton, or container, regardless of size; but "soft drinks"

10 does not include coffee, tea, non-carbonated water, infant

11 formula, milk or milk products as defined in the Grade A

12 Pasteurized Milk and Milk Products Act, or drinks containing

13 50% or more natural fruit or vegetable juice.

14 Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "soft drinks" means non-alcoholic

16 beverages that contain natural or artificial sweeteners. "Soft

17 drinks" does not include beverages that contain milk or milk

18 products, soy, rice or similar milk substitutes, or greater

19 than 50% of vegetable or fruit juice by volume.

20 Until August 1, 2009, and notwithstanding any other

21 provisions of this Act, "food for human consumption that is to

22 be consumed off the premises where it is sold" includes all

23 food sold through a vending machine, except soft drinks and

24 food products that are dispensed hot from a vending machine,

25 regardless of the location of the vending machine. Beginning

26 August 1, 2009, and notwithstanding any other provisions of

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1 this Act, "food for human consumption that is to be consumed

2 off the premises where it is sold" includes all food sold

3 through a vending machine, except soft drinks, candy, and food

4 products that are dispensed hot from a vending machine,

5 regardless of the location of the vending machine.

6 Notwithstanding any other provisions of this Act,

7 beginning September 1, 2009, "food for human consumption that

8 is to be consumed off the premises where it is sold" does not

9 include candy. For purposes of this Section, "candy" means a

10 preparation of sugar, honey, or other natural or artificial

11 sweeteners in combination with chocolate, fruits, nuts or

12 other ingredients or flavorings in the form of bars, drops, or

13 pieces. "Candy" does not include any preparation that contains

14 flour or requires refrigeration.

15 Notwithstanding any other provisions of this Act,

16 beginning September 1, 2009, "nonprescription medicines and

17 drugs" does not include grooming and hygiene products. For

18 purposes of this Section, "grooming and hygiene products"

19 includes, but is not limited to, soaps and cleaning solutions,

20 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

21 lotions and screens, unless those products are available by

22 prescription only, regardless of whether the products meet the

23 definition of "over-the-counter-drugs". For the purposes of

24 this paragraph, "over-the-counter-drug" means a drug for human

25 use that contains a label that identifies the product as a drug

26 as required by 21 CFR 201.66. The "over-the-counter-drug"

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1 label includes:

2 (A) a "Drug Facts" panel; or

3 (B) a statement of the "active ingredient(s)" with a

4 list of those ingredients contained in the compound,

5 substance or preparation.

6 Beginning on January 1, 2014 (the effective date of Public

7 Act 98-122), "prescription and nonprescription medicines and

8 drugs" includes medical cannabis purchased from a registered

9 dispensing organization under the Compassionate Use of Medical

10 Cannabis Program Act.

11 Beginning 90 days after the effective date of this

12 amendatory Act of the 104th General Assembly, "prescription

13 and nonprescription medicines and drugs" includes cannabis or

14 cannabis-infused products purchased by a qualified patient,

15 provisional patient, designated caregiver, or Opioid

16 Alternative Patient Program participant as part of that

17 individual's adequate medical supply from any dispensary that

18 has been issued a Medical Cannabis Dispensing Organization

19 license, as these terms are defined under the Cannabis

20 Regulation and Tax Act.

21 Beginning on the November 12, 2026, "prescription and

22 nonprescription medicines and drugs" does not include a final

23 consumer hemp cannabinoid product as defined in the Illinois

24 Hemp Act.

25 As used in this Section, "adult use cannabis" means

26 cannabis subject to tax under the Cannabis Cultivation

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1 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

2 and does not include cannabis subject to tax under the

3 Compassionate Use of Medical Cannabis Program Act.

4 Beginning 90 days after the effective date of this

5 amendatory Act of the 104th General Assembly, as used in this

6 Section, "adult use cannabis" does not include cannabis or

7 cannabis-infused products purchased by a qualified patient,

8 provisional patient, designated caregiver, or Opioid

9 Alternative Patient Program participant as part of that

10 individual's adequate medical supply from any dispensary that

11 has been issued a Medical Cannabis Dispensing Organization

12 license.

13 If the property that is acquired from a serviceman is

14 acquired outside Illinois and used outside Illinois before

15 being brought to Illinois for use here and is taxable under

16 this Act, the "selling price" on which the tax is computed

17 shall be reduced by an amount that represents a reasonable

18 allowance for depreciation for the period of prior

19 out-of-state use. No depreciation is allowed in cases where

20 the tax under this Act is imposed on lease receipts.

21 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

22 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.

23 6-16-25; 104-417, eff. 8-15-25.)

24 Section 130. The Service Occupation Tax Act is amended by

25 changing Sections 3-5 and 3-10 as follows:

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1 (35 ILCS 115/3-5)

2 Sec. 3-5. Exemptions. The following tangible personal

3 property is exempt from the tax imposed by this Act:

4 (1) Personal property sold by a corporation, society,

5 association, foundation, institution, or organization, other

6 than a limited liability company, that is organized and

7 operated as a not-for-profit service enterprise for the

8 benefit of persons 65 years of age or older if the personal

9 property was not purchased by the enterprise for the purpose

10 of resale by the enterprise.

11 (2) Personal property purchased by a not-for-profit

12 Illinois county fair association for use in conducting,

13 operating, or promoting the county fair.

14 (3) Personal property purchased by any not-for-profit arts

15 or cultural organization that establishes, by proof required

16 by the Department by rule, that it has received an exemption

17 under Section 501(c)(3) of the Internal Revenue Code and that

18 is organized and operated primarily for the presentation or

19 support of arts or cultural programming, activities, or

20 services. These organizations include, but are not limited to,

21 music and dramatic arts organizations such as symphony

22 orchestras and theatrical groups, arts and cultural service

23 organizations, local arts councils, visual arts organizations,

24 and media arts organizations. On and after July 1, 2001 (the

25 effective date of Public Act 92-35), however, an entity

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1 otherwise eligible for this exemption shall not make tax-free

2 purchases unless it has an active identification number issued

3 by the Department.

4 (4) Legal tender, currency, medallions, or gold or silver

5 coinage issued by the State of Illinois, the government of the

6 United States of America, or the government of any foreign

7 country, and bullion.

8 (5) Until July 1, 2003 and beginning again on September 1,

9 2004 through August 30, 2014, graphic arts machinery and

10 equipment, including repair and replacement parts, both new

11 and used, and including that manufactured on special order or

12 purchased for lease, certified by the purchaser to be used

13 primarily for graphic arts production. Equipment includes

14 chemicals or chemicals acting as catalysts but only if the

15 chemicals or chemicals acting as catalysts effect a direct and

16 immediate change upon a graphic arts product. Beginning on

17 July 1, 2017, graphic arts machinery and equipment is included

18 in the manufacturing and assembling machinery and equipment

19 exemption under Section 2 of this Act.

20 (6) Personal property sold by a teacher-sponsored student

21 organization affiliated with an elementary or secondary school

22 located in Illinois.

23 (7) Farm machinery and equipment, both new and used,

24 including that manufactured on special order, certified by the

25 purchaser to be used primarily for production agriculture or

26 State or federal agricultural programs, including individual

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1 replacement parts for the machinery and equipment, including

2 machinery and equipment purchased for lease, and including

3 implements of husbandry defined in Section 1-130 of the

4 Illinois Vehicle Code, farm machinery and agricultural

5 chemical and fertilizer spreaders, and nurse wagons required

6 to be registered under Section 3-809 of the Illinois Vehicle

7 Code, but excluding other motor vehicles required to be

8 registered under the Illinois Vehicle Code. Horticultural

9 polyhouses or hoop houses used for propagating, growing, or

10 overwintering plants shall be considered farm machinery and

11 equipment under this item (7). Agricultural chemical tender

12 tanks and dry boxes shall include units sold separately from a

13 motor vehicle required to be licensed and units sold mounted

14 on a motor vehicle required to be licensed if the selling price

15 of the tender is separately stated.

16 Farm machinery and equipment shall include precision

17 farming equipment that is installed or purchased to be

18 installed on farm machinery and equipment, including, but not

19 limited to, tractors, harvesters, sprayers, planters, seeders,

20 or spreaders. Precision farming equipment includes, but is not

21 limited to, soil testing sensors, computers, monitors,

22 software, global positioning and mapping systems, and other

23 such equipment.

24 Farm machinery and equipment also includes computers,

25 sensors, software, and related equipment used primarily in the

26 computer-assisted operation of production agriculture

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1 facilities, equipment, and activities such as, but not limited

2 to, the collection, monitoring, and correlation of animal and

3 crop data for the purpose of formulating animal diets and

4 agricultural chemicals.

5 Beginning on January 1, 2024, farm machinery and equipment

6 also includes electrical power generation equipment used

7 primarily for production agriculture.

8 This item (7) is exempt from the provisions of Section

9 3-55.

10 (8) Until June 30, 2013, fuel and petroleum products sold

11 to or used by an air common carrier, certified by the carrier

12 to be used for consumption, shipment, or storage in the

13 conduct of its business as an air common carrier, for a flight

14 destined for or returning from a location or locations outside

15 the United States without regard to previous or subsequent

16 domestic stopovers.

17 Beginning July 1, 2013, fuel and petroleum products sold

18 to or used by an air carrier, certified by the carrier to be

19 used for consumption, shipment, or storage in the conduct of

20 its business as an air common carrier, for a flight that (i) is

21 engaged in foreign trade or is engaged in trade between the

22 United States and any of its possessions and (ii) transports

23 at least one individual or package for hire from the city of

24 origination to the city of final destination on the same

25 aircraft, without regard to a change in the flight number of

26 that aircraft.

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1 (9) Proceeds of mandatory service charges separately

2 stated on customers' bills for the purchase and consumption of

3 food and beverages, to the extent that the proceeds of the

4 service charge are in fact turned over as tips or as a

5 substitute for tips to the employees who participate directly

6 in preparing, serving, hosting or cleaning up the food or

7 beverage function with respect to which the service charge is

8 imposed.

9 (10) Until July 1, 2003, oil field exploration, drilling,

10 and production equipment, including (i) rigs and parts of

11 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

12 pipe and tubular goods, including casing and drill strings,

13 (iii) pumps and pump-jack units, (iv) storage tanks and flow

14 lines, (v) any individual replacement part for oil field

15 exploration, drilling, and production equipment, and (vi)

16 machinery and equipment purchased for lease; but excluding

17 motor vehicles required to be registered under the Illinois

18 Vehicle Code.

19 (11) Photoprocessing machinery and equipment, including

20 repair and replacement parts, both new and used, including

21 that manufactured on special order, certified by the purchaser

22 to be used primarily for photoprocessing, and including

23 photoprocessing machinery and equipment purchased for lease.

24 (12) Until July 1, 2028, coal and aggregate exploration,

25 mining, off-highway hauling, processing, maintenance, and

26 reclamation equipment, including replacement parts and

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1 equipment, and including equipment purchased for lease, but

2 excluding motor vehicles required to be registered under the

3 Illinois Vehicle Code. The changes made to this Section by

4 Public Act 97-767 apply on and after July 1, 2003, but no claim

5 for credit or refund is allowed on or after August 16, 2013

6 (the effective date of Public Act 98-456) for such taxes paid

7 during the period beginning July 1, 2003 and ending on August

8 16, 2013 (the effective date of Public Act 98-456).

9 (13) Beginning January 1, 1992 and through June 30, 2016,

10 food for human consumption that is to be consumed off the

11 premises where it is sold (other than alcoholic beverages,

12 soft drinks and food that has been prepared for immediate

13 consumption) and prescription and non-prescription medicines,

14 drugs, medical appliances, and insulin, urine testing

15 materials, syringes, and needles used by diabetics, for human

16 use, when purchased for use by a person receiving medical

17 assistance under Article V of the Illinois Public Aid Code who

18 resides in a licensed long-term care facility, as defined in

19 the Nursing Home Care Act, or in a licensed facility as defined

20 in the ID/DD Community Care Act, the MC/DD Act, or the

21 Specialized Mental Health Rehabilitation Act of 2013.

22 (14) Semen used for artificial insemination of livestock

23 for direct agricultural production.

24 (15) Horses, or interests in horses, registered with and

25 meeting the requirements of any of the Arabian Horse Club

26 Registry of America, Appaloosa Horse Club, American Quarter

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1 Horse Association, United States Trotting Association, or

2 Jockey Club, as appropriate, used for purposes of breeding or

3 racing for prizes. This item (15) is exempt from the

4 provisions of Section 3-55, and the exemption provided for

5 under this item (15) applies for all periods beginning May 30,

6 1995, but no claim for credit or refund is allowed on or after

7 January 1, 2008 (the effective date of Public Act 95-88) for

8 such taxes paid during the period beginning May 30, 2000 and

9 ending on January 1, 2008 (the effective date of Public Act

10 95-88).

11 (16) Computers and communications equipment utilized for

12 any hospital purpose and equipment used in the diagnosis,

13 analysis, or treatment of hospital patients sold to a lessor

14 who leases the equipment, under a lease of one year or longer

15 executed or in effect at the time of the purchase, to a

16 hospital that has been issued an active tax exemption

17 identification number by the Department under Section 1g of

18 the Retailers' Occupation Tax Act.

19 (17) Personal property sold to a lessor who leases the

20 property, under a lease of one year or longer executed or in

21 effect at the time of the purchase, to a governmental body that

22 has been issued an active tax exemption identification number

23 by the Department under Section 1g of the Retailers'

24 Occupation Tax Act.

25 (18) Beginning with taxable years ending on or after

26 December 31, 1995 and ending with taxable years ending on or

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1 before December 31, 2004, personal property that is donated

2 for disaster relief to be used in a State or federally declared

3 disaster area in Illinois or bordering Illinois by a

4 manufacturer or retailer that is registered in this State to a

5 corporation, society, association, foundation, or institution

6 that has been issued a sales tax exemption identification

7 number by the Department that assists victims of the disaster

8 who reside within the declared disaster area.

9 (19) Beginning with taxable years ending on or after