Proposed Legislation Re; Expungement of Juvenile Records

On March 27, 2014, Representative Arthur Turner proposed an amendment to House Bill 4084, which amends Section 405/5-915 of the IL Juvenile Court Act, 705 ILCS 405/5-915.  

    It appears that the State Police must expunge certain juvenile records without the individual filing a petition to expunge.  Under the bill's amendment, automatic expungement by the State Police applies to the following conditions:

   (1) the minor had been arrested but no delinquency petition was filed; (2) the minor is 18 years old; and (3) 6 or more months have passed from the minor's most recent arrest.  

   The State Police is responsible for automatically expunging these records on an annual basis.  
     In other circumstances, the individual must file a petition to expunge, though this amendment allows a petition to include multiple offenses.  

This amendment applies to records of minors arrested or taken into custody on or after January 1, 2014.

Mandatory Life Sentence Per Statute Violates Juvenile's 8th Amendment

     In People v. Davis, 2014 IL 15595, a 14 year old was sentenced to mandatory life in prison following his conviction on two counts of first degree murder in April 1993.  Illinois statute, 730 ILCS 5/5-8-1(a)(1)(c), states that if a defendant is found guilty of murdering more than one victim, the court shall sentence the defendant to a term of natural life imprisonment.

     This case came before the Illinois Supreme Court by way of a post-conviction petition.  (The issues raised in this appeal as to whether the petitions were timely or exceeded the amount allowed will not be addressed in this summary.)  In 2012, the United States Supreme Court ruled in Miller v. Alabama, 132 S.Ct. 2455 (2012), that a mandatory life sentence for those under 18 years of age was cruel and unusual punishment and thus in violation of the 8th Amendment.  

     In Miller, the Supreme Court noted that the immaturity of juveniles, both cognitively and socially, rendered a juvenile's crime not as "morally reprehensible" than if committed by an adult.  Moreover, mandatory sentencing laws preclude a trial court from looking at mitigating factors in a juvenile's circumstances.

     The Illinois Supreme Court held that  Miller should be applied retroactively because it was a substantive, not procedural rule, citing Schirro v. Summerlin, 542 U.S. 348 (2004).  The Miller ruling narrows the scope of the Illinois sentencing statute by placing juveniles outside the State's ability to punish as prescribed under the statute.  The Illinois Supreme Court in Davis found that defendant's life sentence was invalid and therefore should be vacated.

     The court in Davis noted that a trial court could still sentence a defendant under the age of 18 years to a life sentence as long as the sentence was based on the trial court's discretion.  Mitigating factors to be considered when formulating a sentence include the juvenile's age and characteristics, the juvenile's family and home environment, circumstances surrounding the offense, the juvenile's ability to interact with police and to help prepare for his/her trial, and the possibility of being rehabilitated.