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91_SB1426enr
SB1426 Enrolled LRB9111505RCpk
1 AN ACT in relation to education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The School Code is amended by changing
5 Sections 2-3.13a and 10-22.6 as follows:
6 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
7 Sec. 2-3.13a. Scholastic records; transferring students.
8 The State Board of Education shall establish and implement
9 rules requiring all of the public schools and all private or
10 nonpublic elementary and secondary schools located in this
11 State, whenever any such school has a student who is
12 transferring to any other public elementary or secondary
13 school located in this or in any other state, to forward
14 within 10 days of notice of the student's transfer an
15 unofficial record of that student's grades to the school to
16 which such student is transferring. Each public school at
17 the same time also shall forward to the school to which the
18 student is transferring the remainder of the student's school
19 student records as required by the Illinois School Student
20 Records Act. In addition, if a student is transferring from a
21 public school, whether located in this or any other state,
22 from which the student has been suspended or expelled for
23 knowingly possessing in a school building or on school
24 grounds a weapon as defined in the Gun Free Schools Act (20
25 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
26 delivering in a school building or on school grounds a
27 controlled substance or cannabis, or for battering a staff
28 member of the school, and if the period of suspension or
29 expulsion has not expired at the time the student attempts to
30 transfer into another public school in the same or any other
31 school district: (i) any school student records required to
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1 be transferred shall include the date and duration of the
2 period of suspension or expulsion; and (ii) with the
3 exception of transfers into the Department of Corrections
4 school district, the student shall not be permitted to attend
5 class in the public school into which he or she is
6 transferring until the student has served the entire period
7 of the suspension or expulsion imposed by the school from
8 which the student is transferring, provided that the school
9 board may approve the placement of the student in an
10 alternative school program established under Article 13A of
11 this Act. A school district may adopt a policy providing that
12 if a student is suspended or expelled for any reason from any
13 public or private school in this or any other state, the
14 student must complete the entire term of the suspension or
15 expulsion before being admitted into the school district.
16 This policy may allow placement of the student in an
17 alternative school program established under Article 13A of
18 this Code for the remainder of the suspension or expulsion.
19 Each public school and each private or nonpublic elementary
20 or secondary school in this State shall within 10 days after
21 the student has paid all of his or her outstanding fines and
22 fees and at its own expense forward an official transcript of
23 the scholastic records of each student transferring from that
24 school in strict accordance with the provisions of this
25 Section and the rules established by the State Board of
26 Education as herein provided.
27 The State Board of Education shall develop a one-page
28 standard form that Illinois school districts are required to
29 provide to any student who is moving out of the school
30 district and that contains the information about whether or
31 not the student is "in good standing" and whether or not his
32 or her medical records are up-to-date and complete. As used
33 in this Section, "in good standing" means that the student is
34 not being disciplined by a suspension or expulsion, but is
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1 entitled to attend classes. No school district is required
2 to admit a new student who is transferring from another
3 Illinois school district unless he or she can produce the
4 standard form from the student's previous school district
5 enrollment. No school district is required to admit a new
6 student who is transferring from an out-of-state public
7 school unless the parent or guardian of the student certifies
8 in writing that the student is not currently serving a
9 suspension or expulsion imposed by the school from which the
10 student is transferring.
11 (Source: P.A. 91-365, eff. 7-30-99.)
12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
13 Sec. 10-22.6. Suspension or expulsion of pupils; school
14 searches.
15 (a) To expel pupils guilty of gross disobedience or
16 misconduct, and no action shall lie against them for such
17 expulsion. Expulsion shall take place only after the parents
18 have been requested to appear at a meeting of the board, or
19 with a hearing officer appointed by it, to discuss their
20 child's behavior. Such request shall be made by registered or
21 certified mail and shall state the time, place and purpose of
22 the meeting. The board, or a hearing officer appointed by it,
23 at such meeting shall state the reasons for dismissal and the
24 date on which the expulsion is to become effective. If a
25 hearing officer is appointed by the board he shall report to
26 the board a written summary of the evidence heard at the
27 meeting and the board may take such action thereon as it
28 finds appropriate.
29 (b) To suspend or by regulation to authorize the
30 superintendent of the district or the principal, assistant
31 principal, or dean of students of any school to suspend
32 pupils guilty of gross disobedience or misconduct, or to
33 suspend pupils guilty of gross disobedience or misconduct on
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1 the school bus from riding the school bus, and no action
2 shall lie against them for such suspension. The board may by
3 regulation authorize the superintendent of the district or
4 the principal, assistant principal, or dean of students of
5 any school to suspend pupils guilty of such acts for a period
6 not to exceed 10 school days. If a pupil is suspended due to
7 gross disobedience or misconduct on a school bus, the board
8 may suspend the pupil in excess of 10 school days for safety
9 reasons. Any suspension shall be reported immediately to the
10 parents or guardian of such pupil along with a full statement
11 of the reasons for such suspension and a notice of their
12 right to a review, a copy of which shall be given to the
13 school board. Upon request of the parents or guardian the
14 school board or a hearing officer appointed by it shall
15 review such action of the superintendent or principal,
16 assistant principal, or dean of students. At such review the
17 parents or guardian of the pupil may appear and discuss the
18 suspension with the board or its hearing officer. If a
19 hearing officer is appointed by the board he shall report to
20 the board a written summary of the evidence heard at the
21 meeting. After its hearing or upon receipt of the written
22 report of its hearing officer, the board may take such action
23 as it finds appropriate.
24 (c) The Department of Human Services shall be invited to
25 send a representative to consult with the board at such
26 meeting whenever there is evidence that mental illness may be
27 the cause for expulsion or suspension.
28 (d) The board may expel a student for a definite period
29 of time not to exceed 2 calendar years, as determined on a
30 case by case basis. A student who is determined to have
31 brought a weapon to school, any school-sponsored activity or
32 event, or any activity or event which bears a reasonable
33 relationship to school shall be expelled for a period of not
34 less than one year, except that the expulsion period may be
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1 modified by the superintendent, and the superintendent's
2 determination may be modified by the board on a case by case
3 basis. For the purpose of this Section, the term "weapon"
4 means (1) possession, use, control, or transfer of any gun,
5 rifle, shotgun, weapon as defined by Section 921 of Title 18,
6 United States Code, firearm as defined in Section 1.1 of the
7 Firearm Owners Identification Act, or use of a weapon as
8 defined in Section 24-1 of the Criminal Code, (2) any other
9 object if used or attempted to be used to cause bodily harm,
10 including but not limited to, knives, brass knuckles, or
11 billy clubs, or (3) "look alikes" of any weapon as defined in
12 this Section. Expulsion or suspension shall be construed in a
13 manner consistent with the Federal Individuals with
14 Disabilities Education Act. A student who is subject to
15 suspension or expulsion as provided in this Section may be
16 eligible for a transfer to an alternative school program in
17 accordance with Article 13A of the School Code. The
18 provisions of this subsection (d) apply in all school
19 districts, including special charter districts and districts
20 organized under Article 34.
21 (e) To maintain order and security in the schools,
22 school authorities may inspect and search places and areas
23 such as lockers, desks, parking lots, and other school
24 property and equipment owned or controlled by the school, as
25 well as personal effects left in those places and areas by
26 students, without notice to or the consent of the student,
27 and without a search warrant. As a matter of public policy,
28 the General Assembly finds that students have no reasonable
29 expectation of privacy in these places and areas or in their
30 personal effects left in these places and areas. School
31 authorities may request the assistance of law enforcement
32 officials for the purpose of conducting inspections and
33 searches of lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school for
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1 illegal drugs, weapons, or other illegal or dangerous
2 substances or materials, including searches conducted through
3 the use of specially trained dogs. If a search conducted in
4 accordance with this Section produces evidence that the
5 student has violated or is violating either the law, local
6 ordinance, or the school's policies or rules, such evidence
7 may be seized by school authorities, and disciplinary action
8 may be taken. School authorities may also turn over such
9 evidence to law enforcement authorities. The provisions of
10 this subsection (e) apply in all school districts, including
11 special charter districts and districts organized under
12 Article 34.
13 (f) Suspension or expulsion may include suspension or
14 expulsion from school and all school activities and a
15 prohibition from being present on school grounds.
16 (g) A school district may adopt a policy providing that
17 if a student is suspended or expelled for any reason from any
18 public or private school in this or any other state, the
19 student must complete the entire term of the suspension or
20 expulsion before being admitted into the school district.
21 This policy may allow placement of the student in an
22 alternative school program established under Article 13A of
23 this Code for the remainder of the suspension or expulsion.
24 This subsection (g) applies to all school districts,
25 including special charter districts and districts organized
26 under Article 34 of this Code.
27 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
28 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
29 1-1-98; 90-757, eff. 8-14-98.)
30 Section 5. The Juvenile Court Act of 1987 is amended by
31 changing Sections 5-615 and 5-715 as follows:
32 (705 ILCS 405/5-615)
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1 Sec. 5-615. Continuance under supervision.
2 (1) The court may enter an order of continuance under
3 supervision for an offense other than first degree murder, a
4 Class X felony or a forcible felony (a) upon an admission or
5 stipulation by the appropriate respondent or minor respondent
6 of the facts supporting the petition and before proceeding to
7 adjudication, or after hearing the evidence at the trial, and
8 (b) in the absence of objection made in open court by the
9 minor, his or her parent, guardian, or legal custodian, the
10 minor's attorney or the State's Attorney.
11 (2) If the minor, his or her parent, guardian, or legal
12 custodian, the minor's attorney or State's Attorney objects
13 in open court to any continuance and insists upon proceeding
14 to findings and adjudication, the court shall so proceed.
15 (3) Nothing in this Section limits the power of the
16 court to order a continuance of the hearing for the
17 production of additional evidence or for any other proper
18 reason.
19 (4) When a hearing where a minor is alleged to be a
20 delinquent is continued pursuant to this Section, the period
21 of continuance under supervision may not exceed 24 months.
22 The court may terminate a continuance under supervision at
23 any time if warranted by the conduct of the minor and the
24 ends of justice.
25 (5) When a hearing where a minor is alleged to be
26 delinquent is continued pursuant to this Section, the court
27 may, as conditions of the continuance under supervision,
28 require the minor to do any of the following:
29 (a) not violate any criminal statute of any
30 jurisdiction;
31 (b) make a report to and appear in person before
32 any person or agency as directed by the court;
33 (c) work or pursue a course of study or vocational
34 training;
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1 (d) undergo medical or psychotherapeutic treatment
2 rendered by a therapist licensed under the provisions of
3 the Medical Practice Act of 1987, the Clinical
4 Psychologist Licensing Act, or the Clinical Social Work
5 and Social Work Practice Act, or an entity licensed by
6 the Department of Human Services as a successor to the
7 Department of Alcoholism and Substance Abuse, for the
8 provision of drug addiction and alcoholism treatment;
9 (e) attend or reside in a facility established for
10 the instruction or residence of persons on probation;
11 (f) support his or her dependents, if any;
12 (g) pay costs;
13 (h) refrain from possessing a firearm or other
14 dangerous weapon, or an automobile;
15 (i) permit the probation officer to visit him or
16 her at his or her home or elsewhere;
17 (j) reside with his or her parents or in a foster
18 home;
19 (k) attend school;
20 (k-5) with the consent of the superintendent of the
21 facility, attend an educational program at a facility
22 other than the school in which the offense was committed
23 if he or she committed a crime of violence as defined in
24 Section 2 of the Crime Victims Compensation Act in a
25 school, on the real property comprising a school, or
26 within 1,000 feet of the real property comprising a
27 school;
28 (l) attend a non-residential program for youth;
29 (m) contribute to his or her own support at home or
30 in a foster home;
31 (n) perform some reasonable public or community
32 service;
33 (o) make restitution to the victim, in the same
34 manner and under the same conditions as provided in
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1 subsection (4) of Section 5-710, except that the
2 "sentencing hearing" referred to in that Section shall be
3 the adjudicatory hearing for purposes of this Section;
4 (p) comply with curfew requirements as designated
5 by the court;
6 (q) refrain from entering into a designated
7 geographic area except upon terms as the court finds
8 appropriate. The terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the minor, and advance approval by a
11 probation officer;
12 (r) refrain from having any contact, directly or
13 indirectly, with certain specified persons or particular
14 types of persons, including but not limited to members of
15 street gangs and drug users or dealers;
16 (r-5) undergo a medical or other procedure to have
17 a tattoo symbolizing allegiance to a street gang removed
18 from his or her body;
19 (s) refrain from having in his or her body the
20 presence of any illicit drug prohibited by the Cannabis
21 Control Act or the Illinois Controlled Substances Act,
22 unless prescribed by a physician, and submit samples of
23 his or her blood or urine or both for tests to determine
24 the presence of any illicit drug; or
25 (t) comply with any other conditions as may be
26 ordered by the court.
27 (6) A minor whose case is continued under supervision
28 under subsection (5) shall be given a certificate setting
29 forth the conditions imposed by the court. Those conditions
30 may be reduced, enlarged, or modified by the court on motion
31 of the probation officer or on its own motion, or that of the
32 State's Attorney, or, at the request of the minor after
33 notice and hearing.
34 (7) If a petition is filed charging a violation of a
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1 condition of the continuance under supervision, the court
2 shall conduct a hearing. If the court finds that a condition
3 of supervision has not been fulfilled, the court may proceed
4 to findings and adjudication and disposition. The filing of
5 a petition for violation of a condition of the continuance
6 under supervision shall toll the period of continuance under
7 supervision until the final determination of the charge, and
8 the term of the continuance under supervision shall not run
9 until the hearing and disposition of the petition for
10 violation; provided where the petition alleges conduct that
11 does not constitute a criminal offense, the hearing must be
12 held within 30 days of the filing of the petition unless a
13 delay shall continue the tolling of the period of continuance
14 under supervision for the period of the delay.
15 (8) When a hearing in which a minor is alleged to be a
16 delinquent for reasons that include a violation of Section
17 21-1.3 of the Criminal Code of 1961 is continued under this
18 Section, the court shall, as a condition of the continuance
19 under supervision, require the minor to perform community
20 service for not less than 30 and not more than 120 hours, if
21 community service is available in the jurisdiction. The
22 community service shall include, but need not be limited to,
23 the cleanup and repair of the damage that was caused by the
24 alleged violation or similar damage to property located in
25 the municipality or county in which the alleged violation
26 occurred. The condition may be in addition to any other
27 condition.
28 (9) When a hearing in which a minor is alleged to be a
29 delinquent is continued under this Section, the court, before
30 continuing the case, shall make a finding whether the offense
31 alleged to have been committed either: (i) was related to or
32 in furtherance of the activities of an organized gang or was
33 motivated by the minor's membership in or allegiance to an
34 organized gang, or (ii) is a violation of paragraph (13) of
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1 subsection (a) of Section 12-2 of the Criminal Code of 1961,
2 a violation of any Section of Article 24 of the Criminal Code
3 of 1961, or a violation of any statute that involved the
4 unlawful use of a firearm. If the court determines the
5 question in the affirmative the court shall, as a condition
6 of the continuance under supervision and as part of or in
7 addition to any other condition of the supervision, require
8 the minor to perform community service for not less than 30
9 hours, provided that community service is available in the
10 jurisdiction and is funded and approved by the county board
11 of the county where the offense was committed. The community
12 service shall include, but need not be limited to, the
13 cleanup and repair of any damage caused by an alleged
14 violation of Section 21-1.3 of the Criminal Code of 1961 and
15 similar damage to property located in the municipality or
16 county in which the alleged violation occurred. When
17 possible and reasonable, the community service shall be
18 performed in the minor's neighborhood. For the purposes of
19 this Section, "organized gang" has the meaning ascribed to it
20 in Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 (10) The court shall impose upon a minor placed on
23 supervision, as a condition of the supervision, a fee of $25
24 for each month of supervision ordered by the court, unless
25 after determining the inability of the minor placed on
26 supervision to pay the fee, the court assesses a lesser
27 amount. The court may not impose the fee on a minor who is
28 made a ward of the State under this Act while the minor is in
29 placement. The fee shall be imposed only upon a minor who is
30 actively supervised by the probation and court services
31 department. A court may order the parent, guardian, or legal
32 custodian of the minor to pay some or all of the fee on the
33 minor's behalf.
34 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
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1 91-332, eff. 7-29-99; revised 10-7-99.)
2 (705 ILCS 405/5-715)
3 Sec. 5-715. Probation.
4 (1) The period of probation or conditional discharge
5 shall not exceed 5 years or until the minor has attained the
6 age of 21 years, whichever is less, except as provided in
7 this Section for a minor who is found to be guilty for an
8 offense which is first degree murder, a Class X felony or a
9 forcible felony. The juvenile court may terminate probation
10 or conditional discharge and discharge the minor at any time
11 if warranted by the conduct of the minor and the ends of
12 justice; provided, however, that the period of probation for
13 a minor who is found to be guilty for an offense which is
14 first degree murder, a Class X felony, or a forcible felony
15 shall be at least 5 years.
16 (2) The court may as a condition of probation or of
17 conditional discharge require that the minor:
18 (a) not violate any criminal statute of any
19 jurisdiction;
20 (b) make a report to and appear in person before
21 any person or agency as directed by the court;
22 (c) work or pursue a course of study or vocational
23 training;
24 (d) undergo medical or psychiatric treatment,
25 rendered by a psychiatrist or psychological treatment
26 rendered by a clinical psychologist or social work
27 services rendered by a clinical social worker, or
28 treatment for drug addiction or alcoholism;
29 (e) attend or reside in a facility established for
30 the instruction or residence of persons on probation;
31 (f) support his or her dependents, if any;
32 (g) refrain from possessing a firearm or other
33 dangerous weapon, or an automobile;
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1 (h) permit the probation officer to visit him or
2 her at his or her home or elsewhere;
3 (i) reside with his or her parents or in a foster
4 home;
5 (j) attend school;
6 (j-5) with the consent of the superintendent of the
7 facility, attend an educational program at a facility
8 other than the school in which the offense was committed
9 if he or she committed a crime of violence as defined in
10 Section 2 of the Crime Victims Compensation Act in a
11 school, on the real property comprising a school, or
12 within 1,000 feet of the real property comprising a
13 school;
14 (k) attend a non-residential program for youth;
15 (l) make restitution under the terms of subsection
16 (4) of Section 5-710;
17 (m) contribute to his or her own support at home or
18 in a foster home;
19 (n) perform some reasonable public or community
20 service;
21 (o) participate with community corrections programs
22 including unified delinquency intervention services
23 administered by the Department of Human Services subject
24 to Section 5 of the Children and Family Services Act;
25 (p) pay costs;
26 (q) serve a term of home confinement. In addition
27 to any other applicable condition of probation or
28 conditional discharge, the conditions of home confinement
29 shall be that the minor:
30 (i) remain within the interior premises of the
31 place designated for his or her confinement during
32 the hours designated by the court;
33 (ii) admit any person or agent designated by
34 the court into the minor's place of confinement at
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1 any time for purposes of verifying the minor's
2 compliance with the conditions of his or her
3 confinement; and
4 (iii) use an approved electronic monitoring
5 device if ordered by the court subject to Article 8A
6 of Chapter V of the Unified Code of Corrections;
7 (r) refrain from entering into a designated
8 geographic area except upon terms as the court finds
9 appropriate. The terms may include consideration of the
10 purpose of the entry, the time of day, other persons
11 accompanying the minor, and advance approval by a
12 probation officer, if the minor has been placed on
13 probation, or advance approval by the court, if the minor
14 has been placed on conditional discharge;
15 (s) refrain from having any contact, directly or
16 indirectly, with certain specified persons or particular
17 types of persons, including but not limited to members of
18 street gangs and drug users or dealers;
19 (s-5) undergo a medical or other procedure to have
20 a tattoo symbolizing allegiance to a street gang removed
21 from his or her body;
22 (t) refrain from having in his or her body the
23 presence of any illicit drug prohibited by the Cannabis
24 Control Act or the Illinois Controlled Substances Act,
25 unless prescribed by a physician, and shall submit
26 samples of his or her blood or urine or both for tests to
27 determine the presence of any illicit drug; or
28 (u) comply with other conditions as may be ordered
29 by the court.
30 (3) The court may as a condition of probation or of
31 conditional discharge require that a minor found guilty on
32 any alcohol, cannabis, or controlled substance violation,
33 refrain from acquiring a driver's license during the period
34 of probation or conditional discharge. If the minor is in
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1 possession of a permit or license, the court may require that
2 the minor refrain from driving or operating any motor vehicle
3 during the period of probation or conditional discharge,
4 except as may be necessary in the course of the minor's
5 lawful employment.
6 (4) A minor on probation or conditional discharge shall
7 be given a certificate setting forth the conditions upon
8 which he or she is being released.
9 (5) The court shall impose upon a minor placed on
10 probation or conditional discharge, as a condition of the
11 probation or conditional discharge, a fee of $25 for each
12 month of probation or conditional discharge supervision
13 ordered by the court, unless after determining the inability
14 of the minor placed on probation or conditional discharge to
15 pay the fee, the court assesses a lesser amount. The court
16 may not impose the fee on a minor who is made a ward of the
17 State under this Act while the minor is in placement. The
18 fee shall be imposed only upon a minor who is actively
19 supervised by the probation and court services department.
20 The court may order the parent, guardian, or legal custodian
21 of the minor to pay some or all of the fee on the minor's
22 behalf.
23 (6) The General Assembly finds that in order to protect
24 the public, the juvenile justice system must compel
25 compliance with the conditions of probation by responding to
26 violations with swift, certain, and fair punishments and
27 intermediate sanctions. The Chief Judge of each circuit
28 shall adopt a system of structured, intermediate sanctions
29 for violations of the terms and conditions of a sentence of
30 supervision, probation or conditional discharge, under this
31 Act.
32 The court shall provide as a condition of a disposition
33 of probation, conditional discharge, or supervision, that the
34 probation agency may invoke any sanction from the list of
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1 intermediate sanctions adopted by the chief judge of the
2 circuit court for violations of the terms and conditions of
3 the sentence of probation, conditional discharge, or
4 supervision, subject to the provisions of Section 5-720 of
5 this Act.
6 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
7 Section 10. The Unified Code of Corrections is amended
8 by changing Sections 5-6-3 and 5-6-3.1 as follows:
9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10 Sec. 5-6-3. Conditions of Probation and of Conditional
11 Discharge.
12 (a) The conditions of probation and of conditional
13 discharge shall be that the person:
14 (1) not violate any criminal statute of any
15 jurisdiction;
16 (2) report to or appear in person before such
17 person or agency as directed by the court;
18 (3) refrain from possessing a firearm or other
19 dangerous weapon;
20 (4) not leave the State without the consent of the
21 court or, in circumstances in which the reason for the
22 absence is of such an emergency nature that prior consent
23 by the court is not possible, without the prior
24 notification and approval of the person's probation
25 officer;
26 (5) permit the probation officer to visit him at
27 his home or elsewhere to the extent necessary to
28 discharge his duties;
29 (6) perform no less than 30 hours of community
30 service and not more than 120 hours of community service,
31 if community service is available in the jurisdiction and
32 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act;
15 (7) if he or she is at least 17 years of age and
16 has been sentenced to probation or conditional discharge
17 for a misdemeanor or felony in a county of 3,000,000 or
18 more inhabitants and has not been previously convicted of
19 a misdemeanor or felony, may be required by the
20 sentencing court to attend educational courses designed
21 to prepare the defendant for a high school diploma and to
22 work toward a high school diploma or to work toward
23 passing the high school level Test of General Educational
24 Development (GED) or to work toward completing a
25 vocational training program approved by the court. The
26 person on probation or conditional discharge must attend
27 a public institution of education to obtain the
28 educational or vocational training required by this
29 clause (7). The court shall revoke the probation or
30 conditional discharge of a person who wilfully fails to
31 comply with this clause (7). The person on probation or
32 conditional discharge shall be required to pay for the
33 cost of the educational courses or GED test, if a fee is
34 charged for those courses or test. The court shall
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1 resentence the offender whose probation or conditional
2 discharge has been revoked as provided in Section 5-6-4.
3 This clause (7) does not apply to a person who has a high
4 school diploma or has successfully passed the GED test.
5 This clause (7) does not apply to a person who is
6 determined by the court to be developmentally disabled or
7 otherwise mentally incapable of completing the
8 educational or vocational program; and
9 (8) if convicted of possession of a substance
10 prohibited by the Cannabis Control Act or Illinois
11 Controlled Substances Act after a previous conviction or
12 disposition of supervision for possession of a substance
13 prohibited by the Cannabis Control Act or Illinois
14 Controlled Substances Act or after a sentence of
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act and
17 upon a finding by the court that the person is addicted,
18 undergo treatment at a substance abuse program approved
19 by the court.
20 (b) The Court may in addition to other reasonable
21 conditions relating to the nature of the offense or the
22 rehabilitation of the defendant as determined for each
23 defendant in the proper discretion of the Court require that
24 the person:
25 (1) serve a term of periodic imprisonment under
26 Article 7 for a period not to exceed that specified in
27 paragraph (d) of Section 5-7-1;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical, psychological or psychiatric
32 treatment; or treatment for drug addiction or alcoholism;
33 (5) attend or reside in a facility established for
34 the instruction or residence of defendants on probation;
SB1426 Enrolled -19- LRB9111505RCpk
1 (6) support his dependents;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home;
10 (v) with the consent of the superintendent of
11 the facility, attend an educational program at a
12 facility other than the school in which the offense
13 was committed if he or she is convicted of a crime
14 of violence as defined in Section 2 of the Crime
15 Victims Compensation Act committed in a school, on
16 the real property comprising a school, or within
17 1,000 feet of the real property comprising a school;
18 (8) make restitution as provided in Section 5-5-6
19 of this Code;
20 (9) perform some reasonable public or community
21 service;
22 (10) serve a term of home confinement. In addition
23 to any other applicable condition of probation or
24 conditional discharge, the conditions of home confinement
25 shall be that the offender:
26 (i) remain within the interior premises of the
27 place designated for his confinement during the
28 hours designated by the court;
29 (ii) admit any person or agent designated by
30 the court into the offender's place of confinement
31 at any time for purposes of verifying the offender's
32 compliance with the conditions of his confinement;
33 and
34 (iii) if further deemed necessary by the court
SB1426 Enrolled -20- LRB9111505RCpk
1 or the Probation or Court Services Department, be
2 placed on an approved electronic monitoring device,
3 subject to Article 8A of Chapter V;
4 (iv) for persons convicted of any alcohol,
5 cannabis or controlled substance violation who are
6 placed on an approved monitoring device as a
7 condition of probation or conditional discharge, the
8 court shall impose a reasonable fee for each day of
9 the use of the device, as established by the county
10 board in subsection (g) of this Section, unless
11 after determining the inability of the offender to
12 pay the fee, the court assesses a lesser fee or no
13 fee as the case may be. This fee shall be imposed in
14 addition to the fees imposed under subsections (g)
15 and (i) of this Section. The fee shall be collected
16 by the clerk of the circuit court. The clerk of the
17 circuit court shall pay all monies collected from
18 this fee to the county treasurer for deposit in the
19 substance abuse services fund under Section 5-1086.1
20 of the Counties Code; and
21 (v) for persons convicted of offenses other
22 than those referenced in clause (iv) above and who
23 are placed on an approved monitoring device as a
24 condition of probation or conditional discharge, the
25 court shall impose a reasonable fee for each day of
26 the use of the device, as established by the county
27 board in subsection (g) of this Section, unless
28 after determining the inability of the defendant to
29 pay the fee, the court assesses a lesser fee or no
30 fee as the case may be. This fee shall be imposed
31 in addition to the fees imposed under subsections
32 (g) and (i) of this Section. The fee shall be
33 collected by the clerk of the circuit court. The
34 clerk of the circuit court shall pay all monies
SB1426 Enrolled -21- LRB9111505RCpk
1 collected from this fee to the county treasurer who
2 shall use the monies collected to defray the costs
3 of corrections. The county treasurer shall deposit
4 the fee collected in the county working cash fund
5 under Section 6-27001 or Section 6-29002 of the
6 Counties Code, as the case may be.
7 (11) comply with the terms and conditions of an
8 order of protection issued by the court pursuant to the
9 Illinois Domestic Violence Act of 1986, as now or
10 hereafter amended. A copy of the order of protection
11 shall be transmitted to the probation officer or agency
12 having responsibility for the case;
13 (12) reimburse any "local anti-crime program" as
14 defined in Section 7 of the Anti-Crime Advisory Council
15 Act for any reasonable expenses incurred by the program
16 on the offender's case, not to exceed the maximum amount
17 of the fine authorized for the offense for which the
18 defendant was sentenced;
19 (13) contribute a reasonable sum of money, not to
20 exceed the maximum amount of the fine authorized for the
21 offense for which the defendant was sentenced, to a
22 "local anti-crime program", as defined in Section 7 of
23 the Anti-Crime Advisory Council Act;
24 (14) refrain from entering into a designated
25 geographic area except upon such terms as the court finds
26 appropriate. Such terms may include consideration of the
27 purpose of the entry, the time of day, other persons
28 accompanying the defendant, and advance approval by a
29 probation officer, if the defendant has been placed on
30 probation or advance approval by the court, if the
31 defendant was placed on conditional discharge;
32 (15) refrain from having any contact, directly or
33 indirectly, with certain specified persons or particular
34 types of persons, including but not limited to members of
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1 street gangs and drug users or dealers;
2 (16) refrain from having in his or her body the
3 presence of any illicit drug prohibited by the Cannabis
4 Control Act or the Illinois Controlled Substances Act,
5 unless prescribed by a physician, and submit samples of
6 his or her blood or urine or both for tests to determine
7 the presence of any illicit drug.
8 (c) The court may as a condition of probation or of
9 conditional discharge require that a person under 18 years of
10 age found guilty of any alcohol, cannabis or controlled
11 substance violation, refrain from acquiring a driver's
12 license during the period of probation or conditional
13 discharge. If such person is in possession of a permit or
14 license, the court may require that the minor refrain from
15 driving or operating any motor vehicle during the period of
16 probation or conditional discharge, except as may be
17 necessary in the course of the minor's lawful employment.
18 (d) An offender sentenced to probation or to conditional
19 discharge shall be given a certificate setting forth the
20 conditions thereof.
21 (e) The court shall not require as a condition of the
22 sentence of probation or conditional discharge that the
23 offender be committed to a period of imprisonment in excess
24 of 6 months. This 6 month limit shall not include periods of
25 confinement given pursuant to a sentence of county impact
26 incarceration under Section 5-8-1.2.
27 Persons committed to imprisonment as a condition of
28 probation or conditional discharge shall not be committed to
29 the Department of Corrections.
30 (f) The court may combine a sentence of periodic
31 imprisonment under Article 7 or a sentence to a county impact
32 incarceration program under Article 8 with a sentence of
33 probation or conditional discharge.
34 (g) An offender sentenced to probation or to conditional
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1 discharge and who during the term of either undergoes
2 mandatory drug or alcohol testing, or both, or is assigned to
3 be placed on an approved electronic monitoring device, shall
4 be ordered to pay all costs incidental to such mandatory drug
5 or alcohol testing, or both, and all costs incidental to such
6 approved electronic monitoring in accordance with the
7 defendant's ability to pay those costs. The county board
8 with the concurrence of the Chief Judge of the judicial
9 circuit in which the county is located shall establish
10 reasonable fees for the cost of maintenance, testing, and
11 incidental expenses related to the mandatory drug or alcohol
12 testing, or both, and all costs incidental to approved
13 electronic monitoring, involved in a successful probation
14 program for the county. The concurrence of the Chief Judge
15 shall be in the form of an administrative order. The fees
16 shall be collected by the clerk of the circuit court. The
17 clerk of the circuit court shall pay all moneys collected
18 from these fees to the county treasurer who shall use the
19 moneys collected to defray the costs of drug testing, alcohol
20 testing, and electronic monitoring. The county treasurer
21 shall deposit the fees collected in the county working cash
22 fund under Section 6-27001 or Section 6-29002 of the Counties
23 Code, as the case may be.
24 (h) Jurisdiction over an offender may be transferred
25 from the sentencing court to the court of another circuit
26 with the concurrence of both courts, or to another state
27 under an Interstate Probation Reciprocal Agreement as
28 provided in Section 3-3-11. Further transfers or retransfers
29 of jurisdiction are also authorized in the same manner. The
30 court to which jurisdiction has been transferred shall have
31 the same powers as the sentencing court.
32 (i) The court shall impose upon an offender sentenced to
33 probation after January 1, 1989 or to conditional discharge
34 after January 1, 1992, as a condition of such probation or
SB1426 Enrolled -24- LRB9111505RCpk
1 conditional discharge, a fee of $25 for each month of
2 probation or conditional discharge supervision ordered by the
3 court, unless after determining the inability of the person
4 sentenced to probation or conditional discharge to pay the
5 fee, the court assesses a lesser fee. The court may not
6 impose the fee on a minor who is made a ward of the State
7 under the Juvenile Court Act of 1987 while the minor is in
8 placement. The fee shall be imposed only upon an offender who
9 is actively supervised by the probation and court services
10 department. The fee shall be collected by the clerk of the
11 circuit court. The clerk of the circuit court shall pay all
12 monies collected from this fee to the county treasurer for
13 deposit in the probation and court services fund under
14 Section 15.1 of the Probation and Probation Officers Act.
15 (j) All fines and costs imposed under this Section for
16 any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance,
18 and any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected
20 and disbursed by the circuit clerk as provided under Section
21 27.5 of the Clerks of Courts Act.
22 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
23 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
24 7-29-99.)
25 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
26 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
27 (a) When a defendant is placed on supervision, the court
28 shall enter an order for supervision specifying the period of
29 such supervision, and shall defer further proceedings in the
30 case until the conclusion of the period.
31 (b) The period of supervision shall be reasonable under
32 all of the circumstances of the case, but may not be longer
33 than 2 years, unless the defendant has failed to pay the
SB1426 Enrolled -25- LRB9111505RCpk
1 assessment required by Section 10.3 of the Cannabis Control
2 Act or Section 411.2 of the Illinois Controlled Substances
3 Act, in which case the court may extend supervision beyond 2
4 years. Additionally, the court shall order the defendant to
5 perform no less than 30 hours of community service and not
6 more than 120 hours of community service, if community
7 service is available in the jurisdiction and is funded and
8 approved by the county board where the offense was committed,
9 when the offense (1) was related to or in furtherance of the
10 criminal activities of an organized gang or was motivated by
11 the defendant's membership in or allegiance to an organized
12 gang; or (2) is a violation of any Section of Article 24 of
13 the Criminal Code of 1961 where a disposition of supervision
14 is not prohibited by Section 5-6-1 of this Code. The
15 community service shall include, but not be limited to, the
16 cleanup and repair of any damage caused by violation of
17 Section 21-1.3 of the Criminal Code of 1961 and similar
18 damages to property located within the municipality or county
19 in which the violation occurred. Where possible and
20 reasonable, the community service should be performed in the
21 offender's neighborhood.
22 For the purposes of this Section, "organized gang" has
23 the meaning ascribed to it in Section 10 of the Illinois
24 Streetgang Terrorism Omnibus Prevention Act.
25 (c) The court may in addition to other reasonable
26 conditions relating to the nature of the offense or the
27 rehabilitation of the defendant as determined for each
28 defendant in the proper discretion of the court require that
29 the person:
30 (1) make a report to and appear in person before or
31 participate with the court or such courts, person, or
32 social service agency as directed by the court in the
33 order of supervision;
34 (2) pay a fine and costs;
SB1426 Enrolled -26- LRB9111505RCpk
1 (3) work or pursue a course of study or vocational
2 training;
3 (4) undergo medical, psychological or psychiatric
4 treatment; or treatment for drug addiction or alcoholism;
5 (5) attend or reside in a facility established for
6 the instruction or residence of defendants on probation;
7 (6) support his dependents;
8 (7) refrain from possessing a firearm or other
9 dangerous weapon;
10 (8) and in addition, if a minor:
11 (i) reside with his parents or in a foster
12 home;
13 (ii) attend school;
14 (iii) attend a non-residential program for
15 youth;
16 (iv) contribute to his own support at home or
17 in a foster home; or and
18 (v) with the consent of the superintendent of
19 the facility, attend an educational program at a
20 facility other than the school in which the offense
21 was committed if he or she is placed on supervision
22 for a crime of violence as defined in Section 2 of
23 the Crime Victims Compensation Act committed in a
24 school, on the real property comprising a school, or
25 within 1,000 feet of the real property comprising a
26 school;
27 (9) make restitution or reparation in an amount not
28 to exceed actual loss or damage to property and pecuniary
29 loss or make restitution under Section 5-5-6 to a
30 domestic violence shelter. The court shall determine the
31 amount and conditions of payment;
32 (10) perform some reasonable public or community
33 service;
34 (11) comply with the terms and conditions of an
SB1426 Enrolled -27- LRB9111505RCpk
1 order of protection issued by the court pursuant to the
2 Illinois Domestic Violence Act of 1986. If the court has
3 ordered the defendant to make a report and appear in
4 person under paragraph (1) of this subsection, a copy of
5 the order of protection shall be transmitted to the
6 person or agency so designated by the court;
7 (12) reimburse any "local anti-crime program" as
8 defined in Section 7 of the Anti-Crime Advisory Council
9 Act for any reasonable expenses incurred by the program
10 on the offender's case, not to exceed the maximum amount
11 of the fine authorized for the offense for which the
12 defendant was sentenced;
13 (13) contribute a reasonable sum of money, not to
14 exceed the maximum amount of the fine authorized for the
15 offense for which the defendant was sentenced, to a
16 "local anti-crime program", as defined in Section 7 of
17 the Anti-Crime Advisory Council Act;
18 (14) refrain from entering into a designated
19 geographic area except upon such terms as the court finds
20 appropriate. Such terms may include consideration of the
21 purpose of the entry, the time of day, other persons
22 accompanying the defendant, and advance approval by a
23 probation officer;
24 (15) refrain from having any contact, directly or
25 indirectly, with certain specified persons or particular
26 types of person, including but not limited to members of
27 street gangs and drug users or dealers;
28 (16) refrain from having in his or her body the
29 presence of any illicit drug prohibited by the Cannabis
30 Control Act or the Illinois Controlled Substances Act,
31 unless prescribed by a physician, and submit samples of
32 his or her blood or urine or both for tests to determine
33 the presence of any illicit drug;
34 (17) refrain from operating any motor vehicle not
SB1426 Enrolled -28- LRB9111505RCpk
1 equipped with an ignition interlock device as defined in
2 Section 1-129.1 of the Illinois Vehicle Code. Under this
3 condition the court may allow a defendant who is not
4 self-employed to operate a vehicle owned by the
5 defendant's employer that is not equipped with an
6 ignition interlock device in the course and scope of the
7 defendant's employment.
8 (d) The court shall defer entering any judgment on the
9 charges until the conclusion of the supervision.
10 (e) At the conclusion of the period of supervision, if
11 the court determines that the defendant has successfully
12 complied with all of the conditions of supervision, the court
13 shall discharge the defendant and enter a judgment dismissing
14 the charges.
15 (f) Discharge and dismissal upon a successful conclusion
16 of a disposition of supervision shall be deemed without
17 adjudication of guilt and shall not be termed a conviction
18 for purposes of disqualification or disabilities imposed by
19 law upon conviction of a crime. Two years after the
20 discharge and dismissal under this Section, unless the
21 disposition of supervision was for a violation of Sections
22 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance, or
24 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
25 Code of 1961, in which case it shall be 5 years after
26 discharge and dismissal, a person may have his record of
27 arrest sealed or expunged as may be provided by law.
28 However, any defendant placed on supervision before January
29 1, 1980, may move for sealing or expungement of his arrest
30 record, as provided by law, at any time after discharge and
31 dismissal under this Section. A person placed on supervision
32 for a sexual offense committed against a minor as defined in
33 subsection (g) of Section 5 of the Criminal Identification
34 Act or for a violation of Section 11-501 of the Illinois
SB1426 Enrolled -29- LRB9111505RCpk
1 Vehicle Code or a similar provision of a local ordinance
2 shall not have his or her record of arrest sealed or
3 expunged.
4 (g) A defendant placed on supervision and who during the
5 period of supervision undergoes mandatory drug or alcohol
6 testing, or both, or is assigned to be placed on an approved
7 electronic monitoring device, shall be ordered to pay the
8 costs incidental to such mandatory drug or alcohol testing,
9 or both, and costs incidental to such approved electronic
10 monitoring in accordance with the defendant's ability to pay
11 those costs. The county board with the concurrence of the
12 Chief Judge of the judicial circuit in which the county is
13 located shall establish reasonable fees for the cost of
14 maintenance, testing, and incidental expenses related to the
15 mandatory drug or alcohol testing, or both, and all costs
16 incidental to approved electronic monitoring, of all
17 defendants placed on supervision. The concurrence of the
18 Chief Judge shall be in the form of an administrative order.
19 The fees shall be collected by the clerk of the circuit
20 court. The clerk of the circuit court shall pay all moneys
21 collected from these fees to the county treasurer who shall
22 use the moneys collected to defray the costs of drug testing,
23 alcohol testing, and electronic monitoring. The county
24 treasurer shall deposit the fees collected in the county
25 working cash fund under Section 6-27001 or Section 6-29002 of
26 the Counties Code, as the case may be.
27 (h) A disposition of supervision is a final order for
28 the purposes of appeal.
29 (i) The court shall impose upon a defendant placed on
30 supervision after January 1, 1992, as a condition of
31 supervision, a fee of $25 for each month of supervision
32 ordered by the court, unless after determining the inability
33 of the person placed on supervision to pay the fee, the court
34 assesses a lesser fee. The court may not impose the fee on a
SB1426 Enrolled -30- LRB9111505RCpk
1 minor who is made a ward of the State under the Juvenile
2 Court Act of 1987 while the minor is in placement. The fee
3 shall be imposed only upon a defendant who is actively
4 supervised by the probation and court services department.
5 The fee shall be collected by the clerk of the circuit court.
6 The clerk of the circuit court shall pay all monies collected
7 from this fee to the county treasurer for deposit in the
8 probation and court services fund pursuant to Section 15.1 of
9 the Probation and Probation Officers Act.
10 (j) All fines and costs imposed under this Section for
11 any violation of Chapters 3, 4, 6, and 11 of the Illinois
12 Vehicle Code, or a similar provision of a local ordinance,
13 and any violation of the Child Passenger Protection Act, or a
14 similar provision of a local ordinance, shall be collected
15 and disbursed by the circuit clerk as provided under Section
16 27.5 of the Clerks of Courts Act.
17 (k) A defendant at least 17 years of age who is placed
18 on supervision for a misdemeanor in a county of 3,000,000 or
19 more inhabitants and who has not been previously convicted of
20 a misdemeanor or felony may as a condition of his or her
21 supervision be required by the court to attend educational
22 courses designed to prepare the defendant for a high school
23 diploma and to work toward a high school diploma or to work
24 toward passing the high school level Test of General
25 Educational Development (GED) or to work toward completing a
26 vocational training program approved by the court. The
27 defendant placed on supervision must attend a public
28 institution of education to obtain the educational or
29 vocational training required by this subsection (k). The
30 defendant placed on supervision shall be required to pay for
31 the cost of the educational courses or GED test, if a fee is
32 charged for those courses or test. The court shall revoke
33 the supervision of a person who wilfully fails to comply with
34 this subsection (k). The court shall resentence the
SB1426 Enrolled -31- LRB9111505RCpk
1 defendant upon revocation of supervision as provided in
2 Section 5-6-4. This subsection (k) does not apply to a
3 defendant who has a high school diploma or has successfully
4 passed the GED test. This subsection (k) does not apply to a
5 defendant who is determined by the court to be
6 developmentally disabled or otherwise mentally incapable of
7 completing the educational or vocational program.
8 (l) The court shall require a defendant placed on
9 supervision for possession of a substance prohibited by the
10 Cannabis Control Act or Illinois Controlled Substances Act
11 after a previous conviction or disposition of supervision for
12 possession of a substance prohibited by the Cannabis Control
13 Act or Illinois Controlled Substances Act or a sentence of
14 probation under Section 10 of the Cannabis Control Act or
15 Section 410 of the Illinois Controlled Substances Act and
16 after a finding by the court that the person is addicted, to
17 undergo treatment at a substance abuse program approved by
18 the court.
19 (m) The court shall require a defendant placed on
20 supervision for a violation of Section 3-707 of the Illinois
21 Vehicle Code or a similar provision of a local ordinance, as
22 a condition of supervision, to give proof of his or her
23 financial responsibility as defined in Section 7-315 of the
24 Illinois Vehicle Code. The proof shall be maintained by the
25 defendant in a manner satisfactory to the Secretary of State
26 for a minimum period of one year after the date the proof is
27 first filed. The Secretary of State shall suspend the
28 driver's license of any person determined by the Secretary to
29 be in violation of this subsection.
30 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
31 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
32 1-1-99; 91-127, eff. 1-1-00.)
33 Section 99. Effective date. This Act takes effect upon
SB1426 Enrolled -32- LRB9111505RCpk
1 becoming law.
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