IllinoisHB1836104th General Assembly (2025–2026)HouseWALLET

EAVESDROP-STATEWIDE GRAND JURY

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.

judiciary - criminalassignments

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 11 benefits, 2 costs, 0 mixed.

Automatic sealing for eligible criminal records

Beginning January 1, 2029, Illinois State Police must automatically seal eligible records created on or after January 1, 1970. No petition is needed, but agency duties depend on required funding. Waiting periods generally run from sentence completion: two years for misdemeanors, supervision, or qualified probation, and three years for felonies. All of a person’s eligible felony records must meet the timing rules. Active Illinois sentences or supervision and pending filed charges block relief; offense exclusions also apply. When a case’s outcome cannot be determined, misdemeanor charges stop counting as pending after one year, and felony charges after seven years. Eligible nonconviction records created from January 1, 2029 forward are sealed after final disposition. State Police must process eligible records at least quarterly; clerks generally have 90 days after notice to seal electronic records and must remove names from paper-record indexes. Older records have separate deadlines: July 1, 2005–December 31, 2028 records by January 1, 2030 for State Police and January 1, 2031 for clerks; July 1, 1990–June 30, 2005 records by January 1, 2031 and January 1, 2032; and July 1, 1970–June 30, 1990 records by January 1, 2032 and January 1, 2034.

Court relief for older cannabis cases

People arrested before June 25, 2019 for eligible minor cannabis offenses can ask to dismiss and expunge pending cases. The case must still be pending, with no sentence imposed. People can also seek cancellation and expungement of misdemeanor or Class 4 felony convictions under Cannabis Control Act Sections 4 or 5. For that conviction relief, all nonfinancial sentence requirements must be completed; prosecutors have 60 days to object. State’s Attorneys can also seek relief for misdemeanor or Class 4 felony Section 5 convictions. Courts weigh required record-retention and hardship factors when deciding these requests.

Automatic clearing of minor cannabis records

Police agencies must automatically expunge qualifying minor cannabis records for offenses committed before June 25, 2019. Minor offenses involve 30 grams or less, without the specified enhancement or associated violent crime. At least one year must have passed since arrest or the documented police interaction. Charges must have been unfiled, dismissed, vacated, or ended in acquittal; agencies must still expunge when they cannot verify that outcome. Records from 2013 through June 24, 2019 were due before January 1, 2021; 2000–2012 records before January 1, 2023; and pre-2000 records before January 1, 2025.

Automatic sealing for minor local cases

Beginning January 1, 2028, court clerks must seal qualifying municipal ordinance and Class C misdemeanor records without a petition. This covers arrests and charges not started by arrest. The case must have been closed for at least one year, as designated by the Illinois Supreme Court. Clerks must repeat the process every January 1 and July 1.

Challenge errors in your criminal record

You can submit a record challenge form to Illinois State Police to dispute errors or request correction or sealing. During its access-and-review process, State Police must seal records it identifies as eligible and electronically notify the originating court. State Police issues a final administrative decision. Appeals follow procedures set by the Illinois Criminal Justice Information Authority.

More access to criminal record sealing

More adult records qualify for sealing, including qualified probation records and misdemeanor convictions, including municipal ordinance violations. Covered probation or conditional-discharge convictions require completion without revocation; the wait is generally two years after the last sentence ends. Offense exclusions still apply. People can seek sealing of later felony records even after sealing earlier felonies, and a later felony no longer provides this basis for unsealing earlier records. Covered felony sealing and qualified-probation expungement petitions no longer require proof of a recent negative drug test.

Pardon route clears minor cannabis convictions

State Police had 180 days after June 25, 2019 to identify qualifying minor cannabis convictions and notify the Prisoner Review Board. The Board makes confidential pardon recommendations to the Governor. Convictions with the specified cannabis penalty enhancement or an associated violent-crime conviction are excluded. After a pardon specifically authorizes expungement, the Board petitions through the Attorney General. The court must enter an expungement order within 90 days after filing.

Privacy and access for sealed records

For records covered by the automatic-sealing framework, sealing keeps records stored but restricts access and removes names from court indexes. Agencies must answer unauthorized inquiries as though sealed records never existed. Courts must provide your sealed record to you or your attorney within seven days, without a court order. State Police can use or share sealed records only as authorized or required by law and can request case outcomes from clerks. The Department of Corrections retains access to specified records about people confined or sentenced to imprisonment.

Record relief for human trafficking survivors

After completing their last sentence, trafficking survivors can ask a court to cancel and expunge or immediately seal their records. They must show that trafficking caused their participation in the offense and that they were victims at the time. The claim must meet Illinois trafficking law or federal law covering severe forms of trafficking. If eligibility is challenged, the court holds a hearing, and the survivor must show eligibility is more likely than not.

Sealing and clearing felony prostitution records

Police agencies and court clerks must automatically seal eligible Class 4 felony prostitution records by January 1, 2028. This covers arrests, charges not started by arrest, and convictions that qualify for sealing. After completing every sentence and condition, people can also ask a court to cancel and expunge a prior conviction. State’s Attorneys can file requests for one person or a group. Courts weigh record-retention and hardship factors; individual requests may be opposed within 60 days after filing.

Narrower education shortcut to record sealing

The law narrows education-based immediate sealing to the record category listed in subsection (c)(2)(F). It no longer covers the broader set of records previously listed. The shortcut requires earning a high school diploma, GED, associate’s or bachelor’s degree, career certificate, or vocational technical certification. The education must be completed during the sentence or mandatory supervised release, without having met that same goal earlier. For covered records, sealing is available when the last sentence ends.

Courts report case outcomes and firearms

When State Police has received the specified case information, court clerks must report judgments and orders ending probation or conditional discharge. In cases alleging firearm use, prosecutors must supply the firearm’s serial number at disposition, or report that it was obliterated. Clerks must pass that information to State Police.

Limits on claims over record handling

The law limits liability for Illinois, counties, and their officials and workers when carrying out duties under the Act. This can limit claims for injuries or losses caused by their actions or failures to act. The protection does not cover willful or wanton misconduct or gross negligence.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Aarón M. Ortíz

    Democratic • House

  • Abdelnasser Rashid

    Democratic • House

  • Adriane L. Johnson

    Democratic • Senate

  • Ann M. Williams

    Democratic • House

  • Anne Stava

    Democratic • House

  • Barbara Hernandez

    Democratic • House

  • Bill Cunningham

    Democratic • Senate

  • Camille Y. Lilly

    Democratic • House

  • Carol Ammons

    Democratic • House

  • Christopher Belt

    Democratic • Senate

  • Curtis J. Tarver, II

    Democratic • House

  • David Koehler

    Democratic • Senate

  • Debbie Meyers-Martin

    Democratic • House

  • Edgar González, Jr.

    Democratic • House

  • Elgie R. Sims, Jr.

    Democratic • Senate

  • Elizabeth "Lisa" Hernandez

    Democratic • House

  • Emil Jones, III

    Democratic • Senate

  • Graciela Guzmán

    Democratic • Senate

  • Gregg Johnson

    Democratic • House

  • Harry Benton

    Democratic • House

  • Jaime M. Andrade, Jr.

    Democratic • House

  • Javier L. Cervantes

    Democratic • Senate

  • Jehan Gordon-Booth

    Democratic • House

  • Justin Slaughter

    Democratic • House

  • Kam Buckner

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Kelly M. Cassidy

    Democratic • House

  • Kevin John Olickal

    Democratic • House

  • Kimberly A. Lightford

    Democratic • Senate

  • Kimberly Du Buclet

    Democratic • House

  • La Shawn K. Ford

    Democratic • House

  • Lakesia Collins

    Democratic • Senate

  • Laura Faver Dias

    Democratic • House

  • Lisa Davis

    Democratic • House

  • Margaret A. DeLaRosa

    Democratic • House

  • Margaret Croke

    Democratic • House

  • Mark L. Walker

    Democratic • Senate

  • Mary Beth Canty

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Matt Hanson

    Democratic • House

  • Mattie Hunter

    Democratic • Senate

  • Maurice A. West, II

    Democratic • House

  • Michael Crawford

    Democratic • House

  • Mike Simmons

    Democratic • Senate

  • Napoleon Harris III

    Democratic • Senate

  • Nicholas K. Smith

    Democratic • House

  • Nicolle Grasse

    Democratic • House

  • Norma Hernandez

    Democratic • House

  • Rachel Ventura

    Democratic • Senate

  • Rita Mayfield

    Democratic • House

  • Robert Peters

    Democratic • Senate

  • Theresa Mah

    Democratic • House

  • Tracy Katz Muhl

    Democratic • House

  • Will Guzzardi

    Democratic • House

  • William "Will" Davis

    Democratic • House

  • Willie Preston

    Democratic • Senate

  • Yolonda Morris

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 271 • No: 56

House vote • 10/30/2025

Senate Floor Amendment No. 1 House Concurs

Yes: 80 • No: 26

House vote • 10/30/2025

Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 3 • No: 2

Senate vote • 10/29/2025

Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law;

Yes: 7 • No: 3

Senate vote • 10/29/2025

Third Reading - Passed;

Yes: 39 • No: 17

House vote • 4/10/2025

Third Reading - Short Debate - Passed

Yes: 107 • No: 6

House vote • 4/9/2025

House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 11 • No: 1

House vote • 4/8/2025

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 12 • No: 0

House vote • 3/18/2025

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 12 • No: 1

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • House Amendment 3

  • Introduced

  • Senate Amendment 1

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