HB0263 Engrossed

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1
    AN ACT concerning sex offenders.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Election Code is amended  by changing 
5
Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and  by adding 
6
Section 19A-10.5 as follows:
 



7
    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)



8
    Sec. 11-4.1. (a) In appointing polling places under this 
9
Article, the
county board or board of election commissioners 
10
shall, insofar as they are
convenient and available, use 
11
schools and other public buildings as polling
places.

12
    (b) Upon request of the county board or board of election 
13
commissioners,
the proper agency of government (including 
14
school districts and units of
local government) shall make a 
15
public building under its control available
for use as a 
16
polling place on an election day and for a reasonably
necessary 
17
time before and after election day, without charge.
 If the 
18
county board or board of election commissioners chooses a 
19
school
to be a polling place, then the school district must 
20
make the school
available for use as a polling place.
However, 
21
for the day of the election, a school district may choose to 
22
(i)
keep the school open or (ii) hold a teachers institute on 
23
that day.

 


 






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1
    (c) A government agency which makes a public building under 
2
its
control available for use as a polling place shall ensure 
3
the portion of
the building to be used as the polling place is 
4
accessible to handicapped
and elderly voters.

5
    (d) If a qualified elector's precinct polling place is a 
6
school and the elector will be unable to enter that polling 
7
place without violating Section 11-9.3 of the Criminal Code of 
8
1961 because the elector is a child sex offender as defined in 
9
Section 11-9.3 of the Criminal Code of 1961, that elector may 
10
vote by absentee ballot in accordance with Article 19 of this 
11
Code or may vote early in accordance with Article 19A of this 
12
Code.
13
(Source: P.A. 92-465, eff. 8-22-01.)

 
14
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
15
    Sec. 19-1. Any qualified elector of the State of Illinois  
16
having
duly registered where such registration is required who 
17
will be unable to enter his or her precinct polling place 
18
without violating Section 11-9.3 of the Criminal Code of 1961 
19
or who expects to be
absent from the county in which he is a 
20
qualified elector or who because
of being appointed a judge of 
21
election in a precinct other than the
precinct in which he 
22
resides or who because of physical incapacity or
the tenets of 
23
his religion in the observance of a religious holiday or
who 
24
because of election duties for the office of an Election 
25
Authority
or the State Board of Elections or who because of 
 


 






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1
election duties for a
law enforcement agency, including but not 
2
limited to the offices of the
Attorney General, a State's 
3
Attorney, a United States Attorney, or a
State, county, or 
4
municipal police department, or who, because he is
temporarily 
5
abiding outside the precinct in which he is registered to vote

6
due to the fact he is a student attending an institution of 
7
higher
education or who is serving as a sequestered juror on a 
8
State or federal jury,
or who because of his or her confinement 
9
or
detention in a jail pending acquittal or conviction of a 
10
crime,
will be unable to be present at
the polls on the day of 
11
holding any special, general or
primary election at which any 
12
presidential preference is indicated or
any candidates are 
13
chosen or elected, for any congressional, State,
district, 
14
county, town, city, village, precinct or judicial offices or
at 
15
which questions of public policy are submitted, may vote at 
16
such
election as hereinafter in this Article provided.


17
    Each Election Authority, law enforcement agency, and the 
18
State Board
of Elections shall compile and keep current a list 
19
of his or its
officers or employees who are eligible to vote 
20
under this Article by
reason of election duties.


21
    For purposes of this Article 19, a physically incapacitated 
22
voter marks
his or her ballot "personally" when the voter 
23
exercises his or her physical
abilities to their reasonable 
24
limit in marking the ballot, and marking
personally may include 
25
instructing the person assisting the incapacitated
voter when 
26
giving such instruction represents the reasonable limit of the

 


 






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1
physical abilities.


2
(Source: P.A. 94-637, eff. 1-1-06.)

 
3
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
4
    Sec. 19-2. Any elector as defined in Section 19-1 who will 
5
be unable to enter his or her precinct polling place without 
6
violating Section 11-9.3 of the Criminal Code of 1961 or who is

7
expecting to be
absent from the county of his residence or any 
8
such elector who because
of being appointed a judge of election 
9
in a precinct other than the
precinct in which he resides or 
10
who because of physical incapacity or
the tenets of his 
11
religion in the observance of a religious holiday or
who 
12
because of election duties for the office of an Election 
13
Authority,
the State Board of Elections, or a law enforcement

14
agency, or who because of his or her confinement or
detention 
15
in a jail pending acquittal or conviction of a crime,
will be 
16
unable to be present at the polls on the day of such
election 
17
may by mail, not more than 40 nor less than 5 days prior to the

18
date of such election, or by personal delivery not more than 40 
19
nor less
than one day prior to the date of such election, make 
20
application to the
county clerk or to the Board of Election 
21
Commissioners for an official
ballot for the voter's precinct 
22
to be voted at such election.


23
(Source: P.A. 94-637, eff. 1-1-06.)

 



24
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)


 


 






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1
    Sec. 19-3. Application for such ballot shall be made on 
2
blanks to be
furnished by the election authority and 
3
duplication of such application
for ballot is prohibited, 
4
except by the election authority.  The
application for ballot 
5
shall be substantially in the
following form:

6

APPLICATION FOR BALLOT


7

BY ELECTOR WHO EXPECTS TO BE


8

ABSENT FROM COUNTY


9
    To be voted at the .... election in the County of .... and 
10
State of
Illinois, in the .... precinct of the (1) *township of 
11
.... (2) *City of
.... or (3) *.... ward in the City of ....

12
    I state that I am a resident of the .... precinct of the 
13
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
14
the city of
.... residing at .... in such city or town in the 
15
county of .... and
State of Illinois; that I have lived at such 
16
address for .... month(s)
last past; that I am lawfully 
17
entitled to vote in such precinct at the
.... election to be 
18
held therein on ....; that I expect to be absent
from the 
19
county of my residence on the date of holding such election,

20
and that I will have no opportunity to vote in person on that 
21
day.

22
    I hereby make application for an official ballot or ballots 
23
to be
voted by me at such election if I am absent from the 
24
county of my
residence, and I agree that I shall return such 
25
ballot or ballots to the
official issuing the same prior to the 
26
closing of the polls on the date
of the election.

 


 






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1
    Under penalties as provided by law pursuant to Section 
2
29-10 of The
Election Code, the undersigned certifies that the 
3
statements set forth
in this application are true and correct.

4

....


5

*fill in either (1), (2) or (3).


6

Post office address to which ballot is mailed:


7
.............................................................

8
    However, if application is made for a primary election 
9
ballot, such
application shall designate the name of the 
10
political party with which
the applicant is affiliated.

11

APPLICATION FOR BALLOT


12

BY ELECTOR WHO IS JUDGE OF ELECTION


13

IN A PRECINCT OTHER THAN THE PRECINCT


14

IN WHICH HE RESIDES


15
    To be voted at the .... election in the County of .... and 
16
State of
Illinois, in the .... precinct of the (1) *township of 
17
.... (2) *City of
.... or (3) *.... ward in the City of ....

18
    I state that I am affiliated with the .... party (to be 
19
used in
primary elections) and that I am a resident of the .... 
20
precinct of the
(1) *township of .... (2) *City of .... or (3) 
21
*.... ward in the city of
.... residing at .... in such city or 
22
town in the county of .... and
State of Illinois; that I have 
23
lived at such address for .... month(s)
last past; that I am 
24
lawfully entitled to vote in such precinct at the
.... election 
25
to be held therein on ....; that I am a judge of election
in 
26
.... precinct or the (1) *.... ward in the city of .... or (2)

 


 






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1
*township of .... or (3) *city, village or incorporated town of 
2
.... in such
county and that I will have no opportunity of 
3
voting in person on that day:

4
    I hereby make application for an official ballot or ballots 
5
to be
voted by me at such election if I serve as a judge of 
6
election in such
last named precinct, and I agree that I shall 
7
return such ballot or
ballots to the official issuing the same 
8
prior to the closing of the
polls on the date of the election.

9
    Under penalties as provided by law pursuant to Section 
10
29-10 of The
Election Code, the undersigned certifies that the 
11
statements set forth
in this application are true and correct.

12

....


13

*fill in either (1), (2) or (3).


14

Post office address to which ballot is mailed:


15

....


16

APPLICATION FOR BALLOT


17

BY PHYSICALLY INCAPACITATED ELECTOR


18
    To be voted at the .... election in the County of .... and 
19
State of
Illinois, in the .... precinct of the (1) *township of 
20
.... (2) *City of
.... or (3) *.... ward in the City of ....

21
    I state that I am affiliated with the .... party (to be 
22
used in
primary elections) and that I am a resident of the .... 
23
precinct of the
(1) *township of .... (2) *City of .... or (3) 
24
*.... ward in the city of
.... residing at .... in such city or 
25
town in the county of .... and
State of Illinois; that I have 
26
lived at such address for .... month(s)
last past; that I am 
 


 






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1
lawfully entitled to vote in such precinct at the
.... election 
2
to be held therein on ....; that I shall be physically

3
incapable of being present at the polls of such precinct on the 
4
date of
holding such election for the following reasons:

5
    I hereby make application for an official ballot or ballots 
6
to be
voted by me at such election if I am so physically 
7
incapacitated, and I
agree that I shall return such ballot or 
8
ballots to the official issuing
the same prior to the closing 
9
of the polls on the date of election.

10
    Under penalties as provided by law pursuant to Section 
11
29-10 of The
Election Code, the undersigned certifies that the 
12
statements set forth
in this application are true and correct.

13

....


14

*fill in either (1), (2) or (3).


15

Post office address to which ballot is mailed:


16
.............................................................

17

APPLICATION FOR BALLOT
18

BY CHILD SEX OFFENDER ELECTOR
19
    To be voted at the .... election in the County of .... and 
20
State of
Illinois, in the .... precinct of the (1) *township of 
21
.... (2) *City of
.... or (3) *.... ward in the City of ....
22
    I state that I am affiliated with the .... party (to be 
23
used in
primary elections) and that I am a resident of the .... 
24
precinct of the
(1) *township of .... (2) *City of .... or (3) 
25
*.... ward in the city of
.... residing at .... in such city or 
26
town in the county of .... and
State of Illinois; that I have 
 


 






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1
lived at such address for .... month(s)
last past; that I am 
2
lawfully entitled to vote in such precinct at the
.... election 
3
to be held therein on ....; that
my assigned precinct polling 
4
place is in a school and I will be unable to enter the polling 
5
place without violating Section 11-9.3 of the Criminal Code of 
6
1961.
7
    I hereby make application for an official ballot or ballots 
8
to be
voted by me at such election because my assigned precinct 
9
polling place is in a school and I will be unable to enter the 
10
polling place without violating Section 11-9.3 of the Criminal 
11
Code of 1961, and I
agree that I shall return such ballot or 
12
ballots to the official issuing
the same prior to the closing 
13
of the polls on the date of election.
14
    Under penalties as provided by law pursuant to Section 
15
29-10 of the
Election Code, the undersigned certifies that the 
16
statements set forth
in this application are true and correct.
17

....
18

*fill in either (1), (2), or (3).
19

Post office address to which ballot is mailed:
20
.............................................................

21

APPLICATION FOR BALLOT


22

BY ELECTOR OBSERVING RELIGIOUS HOLIDAY


23
    To be voted at the .... election in the county of .... 
24
State of
Illinois, in the .... precinct (1) *township of .... 
25
(2) *City of ....
or (3) *.... ward in the City of ....

26
    I state that I am affiliated with the .... party (to be 
 


 






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1
used in
primary elections) and that I am a resident of the .... 
2
precinct of the
(1) *township of .... (2) *City of .... or (3) 
3
*.... ward in the city of
.... residing at .... in such city or 
4
town in the county of .... and
State of Illinois; that I have 
5
lived at such address for .... month(s)
past, that I am 
6
lawfully entitled to vote in such precinct at the ....
election 
7
to be held therein on ....; that I shall be unable to be

8
present at the polls of such precinct on the date of holding 
9
such
election because of the tenets of my religion in the 
10
observance of a
religious holiday.

11
    I hereby make application for an official ballot or ballots 
12
to be
voted by me at such election if I am so unable to be 
13
present at the
polls of such precinct on the date of the 
14
election because of the tenets
of my religion in the observance 
15
of a religious holiday, and I agree
that I shall return the 
16
ballot or ballots to the official issuing the
same prior to the 
17
closing of the polls on the date of the election.

18
    Under penalties as provided by law pursuant to Section 
19
29-10 of The
Election Code, the undersigned certifies that the 
20
statements set forth
in this application are true and correct.

21

....


22

*fill in either (1), (2) or (3).


23

Post office address to which ballot is mailed:


24
.............................................................

25

APPLICATION FOR BALLOT


26

BY ELECTOR WHO IS AN ELECTION EMPLOYEE


 


 






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1

OF STATE'S ATTORNEY, COUNTY CLERK OR


2

BOARD OF ELECTION COMMISSIONERS


3
    To be voted at the .... election in the County of .... and 
4
State of
Illinois, in the .... precinct of the (1) *township of 
5
.... (2) *City of
.... or (3) *.... ward in the City of ....

6
    I state that I am a resident of the .... precinct of the 
7
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
8
the city of
.... residing at .... in such city or town in the 
9
county of .... and
State of Illinois; that I have lived at such 
10
address for .... month(s)
last past; that I am lawfully 
11
entitled to vote in such precinct at the
.... election to be 
12
held therein on ....; that I am employed in the
office of the 
13
(State's Attorney of .... County) (County Clerk of ....
County) 
14
(Board of Election Commissioners of the (City) (County) of ....

15
and that because of election duties on the date of holding such 
16
election
I will have no opportunity to vote in person on that 
17
day.

18
    I hereby make application for an official ballot or ballots 
19
to be
voted by me at such election, and I agree that I shall 
20
return such
ballot or ballots to the official issuing the same 
21
prior to the closing
of the polls on the date of the election.

22
    Under penalties as provided by law pursuant to Section 
23
29-10 of The
Election Code, the undersigned certifies that the 
24
statements set forth
in this application are true and correct.

25

....


26

*fill in either (1), (2) or (3).


 


 






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1

Post office address to which ballot is mailed:


2
.............................................................

3
    Provided, that if application be made for a primary 
4
election ballot,
such application shall designate the name of 
5
the political party with
which the applicant is affiliated.

6

APPLICATION FOR


7

TEMPORARILY ABSENT STUDENT BALLOT


8
    To be voted at the .... election in the County of .... and 
9
State of
Illinois, in the .... precinct of the (1) *township of 
10
.... (2) *City of
.... or (3) *.... ward in the City of ....

11
    I state that I am a resident of the .... precinct of the 
12
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
13
the city of
.... residing at .... in such city or town in the 
14
county of .... and
State of Illinois; that I have lived at such 
15
address for .... month(s)
last past; that I am lawfully 
16
entitled to vote in such precinct at the
.... election to be 
17
held therein on ....; that I am temporarily abiding
outside 
18
such precinct in the (1) *township of .... (2) *City of .... in 
19
the
county of .... and State of .... due to the fact I am a 
20
student attending an
institution of higher education, and for 
21
that reason do not expect to have
an opportunity to vote in 
22
person on that day.

23
    I hereby make application for an official ballot or ballots 
24
to be
voted by me at such election if I am absent from the 
25
precinct of my
residence, and I agree that I shall return such 
26
ballot or ballots to the
official issuing the same prior to the 
 


 






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1
closing of the polls on the date
of the election.

2
    Under penalties as provided by law pursuant to Section 
3
29-10 of The
Election Code, the undersigned certifies that the 
4
statements set forth
in this application are true and correct.

5

.........................


6

*fill in either (1), (2) or (3).


7

Post office address to which ballot is mailed:


8
.............................................................

9
    However, if application is made for a primary election 
10
ballot, such
application shall designate the name of the 
11
political party with which
the applicant is affiliated.

12
    In lieu of the separate application blanks heretofore 
13
prescribed, the
election authority may adopt a standard 
14
application blank in
substantially the following form for all 
15
categories of absentee voters:

16

APPLICATION FOR


17

ABSENT VOTER'S BALLOT


18
    To be voted at the ....... election in the County of 
19
....... and
State of Illinois, in the ...... precinct of the 
20
(1) *township of ......
(2) *City of ...... or (3) *...... ward 
21
in the City of ............

22
    I state that I am a resident of the ...... precinct of the 
23
(1)
*township of ...... (2) *City of ........ or (3) *........ 
24
ward in the
City of ...... residing at .......... in such city 
25
or town in the county
of ...... and State of Illinois; that I 
26
have lived at such address for
...... months last past; that I 
 


 






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1
am lawfully entitled to vote in such
precinct at a ...... 
2
election to be held therein on ......; and that I
will be 
3
unable to vote in person at the polls of such precinct for the

4
following reasons:

5
(Check One)

6
         I expect to be absent from my county of residence.

7
         I expect to be temporarily absent from the country.

8
         I shall be serving as a judge of election in the

9
         ........ precinct which is not my precinct of

10
         residence.

11
         I shall be observing a religious holiday in

12
         accordance with the tenets of my religion.

13
         I shall be performing official election duties

14
         for an Election Authority ....................,

15
                                   (election authority) 

16
         .................... or the State Board of 
17
Elections.

18
         (location)

19
        I shall be performing election law enforcement

20
         duties in the employment of ......................,

21
                                    (law enforcement agency)

22
         ................

23
         (location)

24
        I am temporarily abiding in the (1) *township of
.... 
25
(2) *city of .... in the county of .... and
State of .... due to 
26
the fact I am a student
attending an institution of higher 
 


 






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1
education.

2
        I am physically incapacitated.

3
        Reason(s):

4
        I have been called for jury duty on said day by

5
        ..................

6
        (court jurisdiction)

7
    I hereby make application for an official ballot or ballots 
8
to be
voted by me at such election and agree that I shall 
9
return the ballot or
ballots to the election official issuing 
10
the same in sufficient time for
such official to deliver the 
11
ballot or ballots to the proper polling
place prior to the 
12
closing of the polls on the date of the election.

13
    Under penalties as provided by law pursuant to Section 
14
29-10 of the
Election Code, the undersigned certifies that the 
15
statements set forth
in this application are true and correct.

16

........................


17
*fill in either (1), (2) or (3).
Post office address to which 
18
ballot is mailed:

19

........................


20
    Provided, that if application is made for a primary 
21
election, such
application shall designate the name of the 
22
political party with which
applicant is affiliated.

23
(Source: P.A. 86-873; 86-875; 86-1028.)

 
24
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
25
    Sec. 19-5. It shall be the duty of the election authority 
 


 






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1
to fold the
ballot or ballots in the manner specified by the 
2
statute for folding
ballots prior to their deposit in the 
3
ballot box, and to enclose such
ballot or ballots in an 
4
envelope unsealed to be furnished by him, which
envelope shall 
5
bear upon the face thereof the name, official title and
post 
6
office address of the election authority, and upon the other 
7
side
if the ballot is to go to an elector who is to be out of 
8
the county on
the day of the election a printed certification 
9
in substantially the
following form:


10
    I state that I am a resident of the .... precinct of the 
11
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
12
the city of
.... residing at .... in such city or town in the 
13
county of .... and
State of Illinois, that I have lived at such 
14
address for .... months
last past; that I am lawfully entitled 
15
to vote in such precinct at the
.... election to be held on 
16
....; and I expect to be absent from the
county of my residence 
17
on the date of such election.


18
*fill in either (1), (2) or (3).


19
    I further state that I personally marked the enclosed 
20
ballot in secret.


21
    Under penalties of perjury as provided by law pursuant to 
22
Section 29-10
of The Election Code, the undersigned certifies 
23
that the statements set
forth in this certification are true 
24
and correct.


25

.......................


26
    If the ballot is to go to an elector who is physically 
 


 






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1
incapacitated
the envelope shall bear upon the back thereof a 
2
certification in
substantially the following form:


3
    I state that I am a resident of the .... precinct of the 
4
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
5
the city of
.... residing at .... in such city or town in the 
6
county of .... and
State of Illinois, that I have lived at such 
7
address for .... months
last past; that I am lawfully entitled 
8
to vote in such precinct at the
.... election to be held on 
9
....; that I shall be physically incapable
of being present at 
10
the polls of such precinct on the date of holding
such 
11
election.


12
*fill in either (1), (2) or (3).


13
    I further state that I personally marked the enclosed 
14
ballot in secret.
If I received assistance in casting my 
15
ballot, I further attest that, due
to physical incapacity, I 
16
marked the enclosed
ballot in secret with the assistance of


17

.................................


18

(Individual rendering assistance)


19

.................................


20

(Residence Address)


21
    Under penalties of perjury  as provided by law pursuant to 
22
Section 29-10
of The Election Code, the undersigned certifies 
23
that the statements set forth
in this certification are true 
24
and correct.


25

.......................


26
    In the case of a voter who is voting absentee by reason of 
 


 






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1
physical
incapacity, marking a ballot in secret includes 
2
marking a ballot with the
assistance of another individual, 
3
other than a candidate
whose name appears on the ballot (unless 
4
the voter is the spouse or a
parent, child, brother, or sister 
5
of the candidate),
the voter's employer, an
agent of that 
6
employer or an officer or agent of the voter's union, when
the 
7
voter's physical incapacity necessitates such assistance.


8
    If the ballot is to go to an elector who will be unable to 
9
enter his or her precinct polling place without violating 
10
Section 11-9.3 of the Criminal Code of 1961, the envelope shall 
11
bear upon the back thereof a
certification in substantially the 
12
following form:
13
    I state that I am a resident of the .... precinct of the 
14
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
15
the city of
.... residing at .... in said city or town in the 
16
county of .... and
State of Illinois, that I have lived at such 
17
address for .... months
last past; that I am lawfully entitled 
18
to vote in such precinct at the
.... election to be held on 
19
....; that my assigned precinct polling place is in a school 
20
and I will be unable to enter the polling place without 
21
violating Section 11-9.3 of the Criminal Code of 1961.
22
*fill in either (1), (2), or (3).
23
    I further state that I personally marked the enclosed 
24
ballot in secret.
25
    Under penalties of perjury as provided by law pursuant to 
26
Section 29-10
of the Election Code, the undersigned certifies 
 


 






HB0263 Engrossed
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1
that the statements set
forth in this certification are true 
2
and correct.
3

......................
4
    If the ballot is to go to an elector who is unable to be 
5
present at
the polls on the date of the election because of the 
6
observance of a
religious holiday, the envelope shall bear upon 
7
the back thereof a
certification in substantially the following 
8
form:


9
    I state that I am a resident of the .... precinct of the 
10
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
11
the city of
.... residing at .... in said city or town in the 
12
county of .... and
State of Illinois, that I have lived at such 
13
address for .... months
last past; that I am lawfully entitled 
14
to vote in such precinct at the
.... election to be held on 
15
....; that I shall be unable to be present
at the polls of such 
16
precinct on the date of holding such election
because of the 
17
tenets of my religion in the observance of a religious
holiday.


18
*fill in either (1), (2) or (3).


19
    I further state that I personally marked the enclosed 
20
ballot in secret.


21
    Under penalties of perjury as provided by law pursuant to 
22
Section 29-10
of The Election Code, the undersigned certifies 
23
that the statements set
forth in this certification are true 
24
and correct.


25

......................


26
    If the ballot is to go to an elector who is unable to be 
 


 






HB0263 Engrossed
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1
present at the
polls on the date of the election because he or 
2
she is confined or detained in
jail pending acquittal or 
3
conviction of a crime, the envelope shall
bear upon the back 
4
thereof a certification in substantially the following form:

5
    I state that I am a resident of the .... precinct of the 
6
(1) *township of
.... (2) *City of.... or (3) *.... ward in the 
7
city of .... residing at .... in
that city or town in the 
8
county of .... and State of Illinois, that I have
lived at such 
9
address for .... months last past; that I am lawfully entitled 
10
to
vote in such precinct at the .... election to be held on 
11
....; that I shall be
unable to be present at the polls of such 
12
precinct on the date of holding such
election because of my 
13
confinement or detention in jail pending
acquittal or 
14
conviction of a crime.

15
*fill in either (1), (2) or (3).

16
    I further state that I personally marked the enclosed 
17
ballot in secret.

18
    Under penalties of perjury as provided by law pursuant to 
19
Section 29-10 of
The Election Code, the undersigned certifies 
20
that the statements set forth in
this certification are true 
21
and correct.


22

......................


23
    If the ballot is to go to an elector who is temporarily 
24
abiding outside
the precinct in which he is registered to vote 
25
due to the fact he is a
student attending an institution of 
26
higher education the envelope shall
bear upon the back thereof 
 


 






HB0263 Engrossed
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1
a certification in substantially the following form:


2
    I state that I am a resident of the .... precinct of the 
3
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
4
the city of
.... residing at .... in such city or town in the 
5
county of .... and
State of Illinois, that I have lived at such 
6
address for .... months
last past; that I am lawfully entitled 
7
to vote in such precinct at the
.... election to be held on 
8
....; and I expect to be absent from the
precinct of my 
9
residence on the date of such election because I am
temporarily 
10
abiding outside such precinct in the (1) *township of .... (2)

11
*city of .... in the county of .... and State of .... due to the 
12
fact I am
a student attending an institution of higher 
13
education.


14
*fill in either (1), (2) or (3).


15
    I further state that I personally marked the enclosed 
16
ballot in secret.


17
    Under penalties of perjury as provided by law pursuant to 
18
Section 29-10
of The Election Code, the undersigned certifies 
19
that the statements set
forth in this certification are true 
20
and correct.


21

.......................


22
    If the election authority adopts the standard absentee 
23
ballot application
blank provided in Section 19-3, the printed 
24
certification on the absentee
ballot envelope shall be in 
25
substantially the following form:


26
    I state that I am a resident of the ...... precinct of the 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
2
in the city of .......
residing at ..... in said city or town 
3
in the county of ...... and State
of Illinois, that I have 
4
lived at such address for .... months last past;
that I shall 
5
be unable to be present at the polls of such precinct on the

6
date of holding such election for the reason indicated on the 
7
application
for ballot enclosed herein.


8
*fill in either (1), (2) or (3).


9
    I further state that I personally marked the enclosed 
10
ballot in secret.
If I received assistance in casting my 
11
ballot, I further attest that, due
to physical incapacity, I 
12
marked the enclosed
ballot in secret with the assistance of


13

.................................


14

(Individual rendering assistance)


15

.................................


16

(Residence Address)


17
    Under penalties of perjury provided by law pursuant to 
18
Section 29-10 of the
Election
Code, the undersigned certifies 
19
that the statements set forth in this
certification are true 
20
and correct.


21

.......................


22
    In the case of a voter who is voting absentee by reason of 
23
physical
incapacity, marking a ballot in secret includes 
24
marking a ballot with the
assistance of another individual, 
25
other than a candidate
whose name appears on the ballot (unless 
26
the voter is the spouse or a
parent, child, brother, or sister 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
of the candidate), the voter's
employer, an
agent of that 
2
employer, or an officer or agent of the voter's union, when
the 
3
voter's physical incapacity necessitates such assistance.


4
    Provided, that if the ballot enclosed is to be voted at a 
5
primary
election, the certification shall designate the name of 
6
the political
party with which the voter is affiliated.


7
    In addition to the above, the election authority shall 
8
provide
printed slips giving full instructions regarding the 
9
manner of marking
and returning the ballot in order that the 
10
same may be counted, and
shall furnish one of such printed 
11
slips to each of such applicants at
the same time the ballot is 
12
delivered to him.
Such instructions shall include the following 
13
statement: "In signing the
certification on the absentee ballot 
14
envelope, you are attesting that you
personally marked this 
15
absentee ballot in secret.  If you are physically
unable to mark 
16
the ballot, a friend or relative may assist you after

17
completing the enclosed affidavit.  Federal and State laws 
18
prohibit a
candidate whose name appears on the ballot (unless 
19
you
are the spouse or a parent, child, brother, or sister of 
20
the candidate), your
employer, your employer's agent or an 
21
officer or agent of your union
from assisting physically 
22
disabled voters."


23
    In addition to the above, if a ballot to be provided to an 
24
elector
pursuant to this Section contains a public question 
25
described in subsection
(b) of Section 28-6 and the territory 
26
concerning which the question is
to be submitted is not 
 


 






HB0263 Engrossed
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1
described on the ballot due to the space limitations
of such 
2
ballot, the election authority shall provide a printed copy of

3
a notice of the public question, which shall include a 
4
description of the
territory in the manner required by Section 
5
16-7.  The notice shall be
furnished to the elector at the same 
6
time the ballot is delivered to the
elector.


7
(Source: P.A. 94-637, eff. 1-1-06.)


 
8
    (10 ILCS 5/19A-10.5  new)
9
    Sec. 19A-10.5. Child sex offenders. If an election 
10
authority designates one or more permanent early voting polling 
11
places under this Article, the election authority must 
12
designate at least one permanent early voting polling place 
13
that a qualified elector who is a child sex offender as defined 
14
in Section 11-9.3 or Section 11-9.4 of the Criminal Code of 
15
1961 may enter without violating Section 11-9.3 or Section 
16
11-9.4 of that Code, respectively.
17
    If an election authority designates one or more temporary 
18
early voting polling places under this Article, the election 
19
authority must designate at least one temporary early voting 
20
polling place that a qualified elector who is a child sex 
21
offender as defined in Section 11-9.3 or Section 11-9.4 of the 
22
Criminal Code of 1961 may enter without violating Section 
23
11-9.3 or Section 11-9.4 of that Code, respectively.
 
24
    Section 10. The Criminal Code of 1961 is amended  by 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
changing Section 11-9.3 as follows:
 



2
    (720 ILCS 5/11-9.3)


3
    Sec. 11-9.3. Presence within school zone by child sex

4
offenders prohibited.

5
    (a) It is unlawful for a child sex offender to knowingly be 
6
present in any
school building, on real property comprising any 
7
school, or in any conveyance
owned, leased, or contracted by a 
8
school to transport students to or from
school or a school 
9
related activity when persons under the age of 18 are
present 
10
in the building, on the grounds or in
the conveyance, unless 
11
the offender is a parent or guardian of a student attending the 
12
school and the parent or guardian is: (i) attending a 
13
conference at the school with school personnel to discuss the 
14
progress of his or her child academically or socially, (ii) 
15
participating in child review conferences in which evaluation 
16
and placement decisions may be made with respect to his or her 
17
child regarding special education services, or (iii) attending 
18
conferences to discuss other student issues concerning his or 
19
her child such as retention and promotion and notifies the 
20
principal of the school of his or her presence at the school or 
21
unless the
offender has permission to be present from the

22
superintendent or the school board or in the case of a private 
23
school from the
principal.  In the case of a public school, if 
24
permission is granted, the
superintendent or school board 
25
president must inform the principal of the
school where the sex 
 


 






HB0263 Engrossed
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1
offender will be present.  Notification includes the
nature of 
2
the sex offender's visit and the hours in which the sex 
3
offender will
be present in the school.  The sex offender is 
4
responsible for notifying the
principal's office when he or she 
5
arrives on school property and when he or she
departs from 
6
school property.  If the sex offender is to be present in the

7
vicinity of children, the sex offender has the duty to remain 
8
under the direct
supervision of a school official.  A child sex 
9
offender who violates this
provision is
guilty of a Class 4 
10
felony.

11
    (a-5) It is unlawful for a child sex offender to knowingly 
12
be present within 100 feet of a site posted as a pick-up or 
13
discharge stop for a conveyance owned, leased, or contracted by 
14
a school to transport students to or from school or a school 
15
related activity when one or more persons under the age of 18 
16
are present at the site.

17
    Nothing in this Section shall be construed to infringe upon 
18
the constitutional right of a child sex offender to be present 
19
in a school building that is used as a polling place for the 
20
purpose of voting.

21
        (1) (Blank; or)


22
        (2) (Blank.)

23
    (b) It is unlawful for a child sex offender to knowingly 
24
loiter within 500 feet of a school building or real property 
25
comprising any school
while persons under the age of 18 are 
26
present in the building or on the
grounds,
unless the offender 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
is a parent or guardian of a student attending the school and 
2
the parent or guardian is: (i) attending a conference at the 
3
school with school personnel to discuss the progress of his or 
4
her child academically or socially, (ii) participating in child 
5
review conferences in which evaluation and placement decisions 
6
may be made with respect to his or her child regarding special 
7
education services, or (iii) attending conferences to discuss 
8
other student issues concerning his or her child such as 
9
retention and promotion and notifies the principal of the 
10
school of his or her presence at the school or has permission 
11
to be present from the
superintendent or the school board or in 
12
the case of a private school from the
principal.  In the case of 
13
a public school, if permission is granted, the
superintendent 
14
or school board president must inform the principal of the

15
school where the sex offender will be present.  Notification 
16
includes the
nature of the sex offender's visit and the hours 
17
in which the sex offender will
be present in the school.  The 
18
sex offender is responsible for notifying the
principal's 
19
office when he or she arrives on school property and when he or 
20
she
departs from school property.  If the sex offender is to be 
21
present in the
vicinity of children, the sex offender has the 
22
duty to remain under the direct
supervision of a school 
23
official.  A child sex offender who violates this
provision is

24
guilty of a Class 4 felony.


25
        (1) (Blank; or)


26
        (2) (Blank.)

 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
    (b-5) It is unlawful for a child sex offender to knowingly 
2
reside within
500 feet of a school building or the real 
3
property comprising any school that
persons under the age of 18 
4
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
5
offender from residing within 500 feet of a school building or 
6
the
real property comprising any school that persons under 18 
7
attend if the
property is owned by the child sex offender and 
8
was purchased before the
effective date of this amendatory Act 
9
of the 91st General Assembly.

10
    (c) Definitions.  In this Section:


11
        (1) "Child sex offender" means any person who:


12
            (i) has been charged under Illinois law, or any 
13
        substantially similar
federal law
or law of another 
14
        state, with a sex offense set forth in
paragraph (2) of 
15
        this subsection (c) or the attempt to commit an 
16
        included sex
offense, and:


17
                (A) is convicted of such offense or an attempt 
18
            to commit such offense;
or


19
                (B) is found not guilty by reason of insanity 
20
            of such offense or an
attempt to commit such 
21
            offense; or


22
                (C) is found not guilty by reason of insanity 
23
            pursuant to subsection
(c) of Section 104-25 of the 
24
            Code of Criminal Procedure of 1963 of such offense

25
            or an attempt to commit such offense; or


26
                (D) is the subject of a finding not resulting 
 


 






HB0263 Engrossed
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1
            in an acquittal at a
hearing conducted pursuant to 
2
            subsection (a) of Section 104-25 of the Code of

3
            Criminal Procedure of 1963 for the alleged 
4
            commission or attempted commission
of such 
5
            offense; or


6
                (E) is found not guilty by reason of insanity 
7
            following a hearing
conducted pursuant to a 
8
            federal law or the law of another state 
9
            substantially
similar to subsection (c) of Section 
10
            104-25 of the Code of Criminal Procedure
of 1963 of 
11
            such offense or of the attempted commission of such 
12
            offense; or


13
                (F) is the subject of a finding not resulting 
14
            in an acquittal at a
hearing
conducted pursuant to 
15
            a federal law or the law of another state 
16
            substantially
similar to subsection (a) of Section 
17
            104-25 of the Code of Criminal Procedure
of 1963 
18
            for the alleged violation or attempted commission 
19
            of such offense; or


20
            (ii) is certified as a sexually dangerous person 
21
        pursuant to the
Illinois
Sexually Dangerous Persons 
22
        Act, or any substantially similar federal
law or the 
23
        law of another state, when any conduct giving rise to 
24
        such
certification is committed or attempted against a 
25
        person less than 18 years of
age; or


26
            (iii) is subject to the provisions of Section 2 of 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
        the Interstate
Agreements on Sexually Dangerous 
2
        Persons Act.


3
        Convictions that result from or are connected with the 
4
    same act, or result
from offenses committed at the same 
5
    time, shall be counted for the purpose of
this Section as 
6
    one conviction.  Any conviction set aside pursuant to law is

7
    not a conviction for purposes of this Section.


8
        (2) Except as otherwise provided in paragraph (2.5), 
9
    "sex offense"
means:


10
            (i) A violation of any of the following Sections of 
11
        the Criminal Code of
1961: 10-7 (aiding and abetting 
12
        child abduction under Section 10-5(b)(10)),

13
        10-5(b)(10) (child luring), 11-6 (indecent 
14
        solicitation of a child), 11-6.5
(indecent 
15
        solicitation of an adult),
11-9 (public indecency when 
16
        committed in a school, on the real property
comprising 
17
        a school, or on a conveyance, owned, leased, or 
18
        contracted by a
school to transport students to or from 
19
        school or a school related activity),
11-9.1 (sexual 
20
        exploitation of a child), 11-15.1 (soliciting for a 
21
        juvenile
prostitute), 11-17.1 (keeping a place of 
22
        juvenile prostitution), 11-18.1
(patronizing a 
23
        juvenile prostitute), 11-19.1 (juvenile pimping),

24
        11-19.2 (exploitation of a child), 11-20.1 (child 
25
        pornography), 11-21 (harmful
material), 12-14.1

26
        (predatory criminal sexual assault of a child), 12-33 
 


 






HB0263 Engrossed
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1
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
2
        that offense was committed in any school, on
real 
3
        property comprising any school, in any conveyance 
4
        owned,
leased, or contracted by a school to transport 
5
        students to or from school or a
school related 
6
        activity).  An attempt to commit any of these offenses.


7
            (ii) A violation of any of the following Sections 
8
        of the Criminal Code
of 1961, when the victim is a 
9
        person under 18 years of age: 12-13 (criminal
sexual 
10
        assault), 12-14 (aggravated criminal sexual assault), 
11
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
12
        criminal sexual abuse).  An attempt to commit
any of 
13
        these offenses.


14
            (iii) A violation of any of the following Sections 
15
        of the Criminal Code
of 1961, when the victim is a 
16
        person under 18 years of age and the defendant is
not a 
17
        parent of the victim:


18
            10-1 (kidnapping),


19
            10-2 (aggravated kidnapping),


20
            10-3 (unlawful restraint),


21
            10-3.1 (aggravated unlawful restraint).


22
            An attempt to commit any of these offenses.


23
            (iv) A violation of any former law of this State 
24
        substantially
equivalent to any offense listed in 
25
        clause (2)(i) of subsection (c) of this
Section.


26
        (2.5) For the purposes of subsection (b-5) only, a sex 
 


 






HB0263 Engrossed
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LRB095 04803 JAM 24863 b




1
    offense means:


2
            (i) A violation of any of the following Sections of 
3
        the Criminal Code of
1961:


4
                10-5(b)(10) (child luring), 10-7 (aiding and 
5
            abetting child abduction
under Section 
6
            10-5(b)(10)), 11-6 (indecent solicitation of
a

7
            child), 11-6.5 (indecent solicitation of an 
8
            adult), 11-15.1 (soliciting for a
juvenile

9
            prostitute), 11-17.1 (keeping a place of juvenile 
10
            prostitution), 11-18.1
(patronizing a juvenile 
11
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
12
            (exploitation of a child), 11-20.1 (child 
13
            pornography), 12-14.1
(predatory criminal sexual 
14
            assault of a child), or 12-33 (ritualized abuse of 
15
            a
child).  An attempt
to commit any of
these 
16
            offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age: 12-13 (criminal
sexual 
20
        assault), 12-14 (aggravated criminal sexual assault),

21
        12-16 (aggravated criminal sexual abuse), and 
22
        subsection (a) of Section 12-15
(criminal sexual 
23
        abuse).  An attempt to commit
any of these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
26
        person under 18 years of age and the defendant is
not a 
 


 






HB0263 Engrossed
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        parent of the victim:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


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            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in this 
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        paragraph (2.5) of
this subsection.


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        (3) A conviction for an offense of federal law or the 
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    law of another state
that is substantially equivalent to 
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    any offense listed in paragraph (2) of
subsection (c) of 
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    this Section shall constitute a conviction for the purpose 
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    of
this Article.  A finding or adjudication as a sexually 
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    dangerous person under
any federal law or law of another 
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    state that is substantially equivalent to the
Sexually 
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    Dangerous Persons Act shall constitute an adjudication for 
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    the
purposes of this Section.


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        (4) "School" means a public or private
pre-school, 
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    elementary, or secondary school.


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        (5) "Loiter" means:


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            (i) Standing, sitting idly, whether or not the 
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        person is in a vehicle or
remaining in or around school 
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        property.


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            (ii) Standing, sitting idly, whether or not the 
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        person is in a vehicle
or remaining in or around school 
 


 






HB0263 Engrossed
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        property, for the purpose of committing or
attempting 
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        to commit a sex offense.

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            (iii) Entering or remaining in a building in or 
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        around school property, other than the offender's 
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        residence.

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        (6) "School official"
means the principal, a teacher, 
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    or any other certified employee of the
school, the 
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    superintendent of schools or a member of the school board.

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    (d) Sentence.  A person who violates this Section is guilty 
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of a Class 4
felony.

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(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
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94-170, eff. 7-11-05; revised 9-15-06.)


 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.