99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3354

 

Introduced 2/19/2016, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 148/10
730 ILCS 150/3
730 ILCS 154/10

    Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that the place of registration for a person who is required to register under any of the Acts with the Chicago Police Department is at a fixed location designated by the Superintendent of the Chicago Police Department (rather than at the Chicago Police Department Headquarters). Effective immediately.


LRB099 18323 RLC 42697 b

 

 

A BILL FOR

 

SB3354LRB099 18323 RLC 42697 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Arsonist Registration Act is amended by
5changing Section 10 as follows:
 
6    (730 ILCS 148/10)
7    Sec. 10. Duty to register.
8    (a) An arsonist shall, within the time period prescribed in
9subsections (b) and (c), register in person and provide
10accurate information as required by the Department of State
11Police. Such information shall include current address,
12current place of employment, and school attended. The arsonist
13shall register:
14        (1) with the chief of police in each of the
15    municipalities in which he or she attends school, is
16    employed, resides or is temporarily domiciled for a period
17    of time of 10 or more days, unless the municipality is the
18    City of Chicago, in which case he or she shall register at
19    a fixed location designated by the Superintendent of the
20    Chicago Police Department the Chicago Police Department
21    Headquarters; or
22        (2) with the sheriff in each of the counties in which
23    he or she attends school, is employed, resides or is

 

 

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1    temporarily domiciled in an unincorporated area or, if
2    incorporated, no police chief exists. For purposes of this
3    Act, the place of residence or temporary domicile is
4    defined as any and all places where the arsonist resides
5    for an aggregate period of time of 10 or more days during
6    any calendar year. The arsonist shall provide accurate
7    information as required by the Department of State Police.
8    That information shall include the arsonist's current
9    place of employment.
10    (a-5) An out-of-state student or out-of-state employee
11shall, within 10 days after beginning school or employment in
12this State, register in person and provide accurate information
13as required by the Department of State Police. Such information
14must include current place of employment, school attended, and
15address in state of residence:
16        (1) with the chief of police in each of the
17    municipalities in which he or she attends school or is
18    employed for a period of time of 10 or more days or for an
19    aggregate period of time of more than 30 days during any
20    calendar year, unless the municipality is the City of
21    Chicago, in which case he or she shall register at a fixed
22    location designated by the Superintendent of the Chicago
23    Police Department the Chicago Police Department
24    Headquarters; or
25        (2) with the sheriff in each of the counties in which
26    he or she attends school or is employed for a period of

 

 

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1    time of 10 or more days or for an aggregate period of time
2    of more than 30 days during any calendar year in an
3    unincorporated area or, if incorporated, no police chief
4    exists. The out-of-state student or out-of-state employee
5    shall provide accurate information as required by the
6    Department of State Police. That information shall include
7    the out-of-state student's current place of school
8    attendance or the out-of-state employee's current place of
9    employment.
10    (b) An arsonist as defined in Section 5 of this Act,
11regardless of any initial, prior, or other registration, shall,
12within 10 days of beginning school, or establishing a
13residence, place of employment, or temporary domicile in any
14county, register in person as set forth in subsection (a) or
15(a-5).
16    (c) The registration for any person required to register
17under this Act shall be as follows:
18        (1) Except as provided in paragraph (3) of this
19    subsection (c), any person who has not been notified of his
20    or her responsibility to register shall be notified by a
21    criminal justice entity of his or her responsibility to
22    register. Upon notification the person must then register
23    within 10 days of notification of his or her requirement to
24    register. If notification is not made within the offender's
25    10 year registration requirement, and the Department of
26    State Police determines no evidence exists or indicates the

 

 

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1    offender attempted to avoid registration, the offender
2    will no longer be required to register under this Act.
3        (2) Except as provided in paragraph (3) of this
4    subsection (c), any person convicted on or after the
5    effective date of this Act shall register in person within
6    10 days after the entry of the sentencing order based upon
7    his or her conviction.
8        (3) Any person unable to comply with the registration
9    requirements of this Act because he or she is confined,
10    institutionalized, or imprisoned in Illinois on or after
11    the effective date of this Act shall register in person
12    within 10 days of discharge, parole or release.
13        (4) The person shall provide positive identification
14    and documentation that substantiates proof of residence at
15    the registering address.
16        (5) The person shall pay a $10 initial registration fee
17    and a $5 annual renewal fee. The fees shall be used by the
18    registering agency for official purposes. The agency shall
19    establish procedures to document receipt and use of the
20    funds. The law enforcement agency having jurisdiction may
21    waive the registration fee if it determines that the person
22    is indigent and unable to pay the registration fee.
23    (d) Within 10 days after obtaining or changing employment,
24a person required to register under this Section must report,
25in person or in writing to the law enforcement agency having
26jurisdiction, the business name and address where he or she is

 

 

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1employed. If the person has multiple businesses or work
2locations, every business and work location must be reported to
3the law enforcement agency having jurisdiction.
4(Source: P.A. 93-949, eff. 1-1-05.)
 
5    Section 10. The Sex Offender Registration Act is amended by
6changing Section 3 as follows:
 
7    (730 ILCS 150/3)
8    Sec. 3. Duty to register.
9    (a) A sex offender, as defined in Section 2 of this Act, or
10sexual predator shall, within the time period prescribed in
11subsections (b) and (c), register in person and provide
12accurate information as required by the Department of State
13Police. Such information shall include a current photograph,
14current address, current place of employment, the sex
15offender's or sexual predator's telephone number, including
16cellular telephone number, the employer's telephone number,
17school attended, all e-mail addresses, instant messaging
18identities, chat room identities, and other Internet
19communications identities that the sex offender uses or plans
20to use, all Uniform Resource Locators (URLs) registered or used
21by the sex offender, all blogs and other Internet sites
22maintained by the sex offender or to which the sex offender has
23uploaded any content or posted any messages or information,
24extensions of the time period for registering as provided in

 

 

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1this Article and, if an extension was granted, the reason why
2the extension was granted and the date the sex offender was
3notified of the extension. The information shall also include a
4copy of the terms and conditions of parole or release signed by
5the sex offender and given to the sex offender by his or her
6supervising officer or aftercare specialist, the county of
7conviction, license plate numbers for every vehicle registered
8in the name of the sex offender, the age of the sex offender at
9the time of the commission of the offense, the age of the
10victim at the time of the commission of the offense, and any
11distinguishing marks located on the body of the sex offender. A
12sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1311-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
14Code of 2012 shall provide all Internet protocol (IP) addresses
15in his or her residence, registered in his or her name,
16accessible at his or her place of employment, or otherwise
17under his or her control or custody. If the sex offender is a
18child sex offender as defined in Section 11-9.3 or 11-9.4 of
19the Criminal Code of 1961 or the Criminal Code of 2012, the sex
20offender shall report to the registering agency whether he or
21she is living in a household with a child under 18 years of age
22who is not his or her own child, provided that his or her own
23child is not the victim of the sex offense. The sex offender or
24sexual predator shall register:
25        (1) with the chief of police in the municipality in
26    which he or she resides or is temporarily domiciled for a

 

 

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1    period of time of 3 or more days, unless the municipality
2    is the City of Chicago, in which case he or she shall
3    register at a fixed location designated by the
4    Superintendent of the Chicago Police Department the
5    Chicago Police Department Headquarters; or
6        (2) with the sheriff in the county in which he or she
7    resides or is temporarily domiciled for a period of time of
8    3 or more days in an unincorporated area or, if
9    incorporated, no police chief exists.
10    If the sex offender or sexual predator is employed at or
11attends an institution of higher education, he or she shall
12also register:
13        (i) with:
14            (A) the chief of police in the municipality in
15        which he or she is employed at or attends an
16        institution of higher education, unless the
17        municipality is the City of Chicago, in which case he
18        or she shall register at a fixed location designated by
19        the Superintendent of the Chicago Police Department
20        the Chicago Police Department Headquarters; or
21            (B) the sheriff in the county in which he or she is
22        employed or attends an institution of higher education
23        located in an unincorporated area, or if incorporated,
24        no police chief exists; and
25        (ii) with the public safety or security director of the
26    institution of higher education which he or she is employed

 

 

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1    at or attends.
2    The registration fees shall only apply to the municipality
3or county of primary registration, and not to campus
4registration.
5    For purposes of this Article, the place of residence or
6temporary domicile is defined as any and all places where the
7sex offender resides for an aggregate period of time of 3 or
8more days during any calendar year. Any person required to
9register under this Article who lacks a fixed address or
10temporary domicile must notify, in person, the agency of
11jurisdiction of his or her last known address within 3 days
12after ceasing to have a fixed residence.
13    A sex offender or sexual predator who is temporarily absent
14from his or her current address of registration for 3 or more
15days shall notify the law enforcement agency having
16jurisdiction of his or her current registration, including the
17itinerary for travel, in the manner provided in Section 6 of
18this Act for notification to the law enforcement agency having
19jurisdiction of change of address.
20    Any person who lacks a fixed residence must report weekly,
21in person, with the sheriff's office of the county in which he
22or she is located in an unincorporated area, or with the chief
23of police in the municipality in which he or she is located.
24The agency of jurisdiction will document each weekly
25registration to include all the locations where the person has
26stayed during the past 7 days.

 

 

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1    The sex offender or sexual predator shall provide accurate
2information as required by the Department of State Police. That
3information shall include the sex offender's or sexual
4predator's current place of employment.
5    (a-5) An out-of-state student or out-of-state employee
6shall, within 3 days after beginning school or employment in
7this State, register in person and provide accurate information
8as required by the Department of State Police. Such information
9will include current place of employment, school attended, and
10address in state of residence. A sex offender convicted under
11Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
12Criminal Code of 1961 or the Criminal Code of 2012 shall
13provide all Internet protocol (IP) addresses in his or her
14residence, registered in his or her name, accessible at his or
15her place of employment, or otherwise under his or her control
16or custody. The out-of-state student or out-of-state employee
17shall register:
18        (1) with:
19            (A) the chief of police in the municipality in
20        which he or she attends school or is employed for a
21        period of time of 5 or more days or for an aggregate
22        period of time of more than 30 days during any calendar
23        year, unless the municipality is the City of Chicago,
24        in which case he or she shall register at a fixed
25        location designated by the Superintendent of the
26        Chicago Police Department the Chicago Police

 

 

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1        Department Headquarters; or
2            (B) the sheriff in the county in which he or she
3        attends school or is employed for a period of time of 5
4        or more days or for an aggregate period of time of more
5        than 30 days during any calendar year in an
6        unincorporated area or, if incorporated, no police
7        chief exists; and
8        (2) with the public safety or security director of the
9    institution of higher education he or she is employed at or
10    attends for a period of time of 5 or more days or for an
11    aggregate period of time of more than 30 days during a
12    calendar year.
13    The registration fees shall only apply to the municipality
14or county of primary registration, and not to campus
15registration.
16    The out-of-state student or out-of-state employee shall
17provide accurate information as required by the Department of
18State Police. That information shall include the out-of-state
19student's current place of school attendance or the
20out-of-state employee's current place of employment.
21    (a-10) Any law enforcement agency registering sex
22offenders or sexual predators in accordance with subsections
23(a) or (a-5) of this Section shall forward to the Attorney
24General a copy of sex offender registration forms from persons
25convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2611-21 of the Criminal Code of 1961 or the Criminal Code of

 

 

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12012, including periodic and annual registrations under
2Section 6 of this Act.
3    (b) Any sex offender, as defined in Section 2 of this Act,
4or sexual predator, regardless of any initial, prior, or other
5registration, shall, within 3 days of beginning school, or
6establishing a residence, place of employment, or temporary
7domicile in any county, register in person as set forth in
8subsection (a) or (a-5).
9    (c) The registration for any person required to register
10under this Article shall be as follows:
11        (1) Any person registered under the Habitual Child Sex
12    Offender Registration Act or the Child Sex Offender
13    Registration Act prior to January 1, 1996, shall be deemed
14    initially registered as of January 1, 1996; however, this
15    shall not be construed to extend the duration of
16    registration set forth in Section 7.
17        (2) Except as provided in subsection (c)(2.1) or
18    (c)(4), any person convicted or adjudicated prior to
19    January 1, 1996, whose liability for registration under
20    Section 7 has not expired, shall register in person prior
21    to January 31, 1996.
22        (2.1) A sex offender or sexual predator, who has never
23    previously been required to register under this Act, has a
24    duty to register if the person has been convicted of any
25    felony offense after July 1, 2011. A person who previously
26    was required to register under this Act for a period of 10

 

 

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1    years and successfully completed that registration period
2    has a duty to register if: (i) the person has been
3    convicted of any felony offense after July 1, 2011, and
4    (ii) the offense for which the 10 year registration was
5    served currently requires a registration period of more
6    than 10 years. Notification of an offender's duty to
7    register under this subsection shall be pursuant to Section
8    5-7 of this Act.
9        (2.5) Except as provided in subsection (c)(4), any
10    person who has not been notified of his or her
11    responsibility to register shall be notified by a criminal
12    justice entity of his or her responsibility to register.
13    Upon notification the person must then register within 3
14    days of notification of his or her requirement to register.
15    Except as provided in subsection (c)(2.1), if notification
16    is not made within the offender's 10 year registration
17    requirement, and the Department of State Police determines
18    no evidence exists or indicates the offender attempted to
19    avoid registration, the offender will no longer be required
20    to register under this Act.
21        (3) Except as provided in subsection (c)(4), any person
22    convicted on or after January 1, 1996, shall register in
23    person within 3 days after the entry of the sentencing
24    order based upon his or her conviction.
25        (4) Any person unable to comply with the registration
26    requirements of this Article because he or she is confined,

 

 

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1    institutionalized, or imprisoned in Illinois on or after
2    January 1, 1996, shall register in person within 3 days of
3    discharge, parole or release.
4        (5) The person shall provide positive identification
5    and documentation that substantiates proof of residence at
6    the registering address.
7        (6) The person shall pay a $100 initial registration
8    fee and a $100 annual renewal fee to the registering law
9    enforcement agency having jurisdiction. The registering
10    agency may waive the registration fee if it determines that
11    the person is indigent and unable to pay the registration
12    fee. Thirty-five dollars for the initial registration fee
13    and $35 of the annual renewal fee shall be retained and
14    used by the registering agency for official purposes.
15    Having retained $35 of the initial registration fee and $35
16    of the annual renewal fee, the registering agency shall
17    remit the remainder of the fee to State agencies within 30
18    days of receipt for deposit into the State funds as
19    follows:
20            (A) Five dollars of the initial registration fee
21        and $5 of the annual fee shall be remitted to the State
22        Treasurer who shall deposit the moneys into the Sex
23        Offender Management Board Fund under Section 19 of the
24        Sex Offender Management Board Act. Money deposited
25        into the Sex Offender Management Board Fund shall be
26        administered by the Sex Offender Management Board and

 

 

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1        shall be used by the Board to comply with the
2        provisions of the Sex Offender Management Board Act.
3            (B) Thirty dollars of the initial registration fee
4        and $30 of the annual renewal fee shall be remitted to
5        the Department of State Police which shall deposit the
6        moneys into the Sex Offender Registration Fund and
7        shall be used by the Department of State Police to
8        maintain and update the Illinois State Police Sex
9        Offender Registry.
10            (C) Thirty dollars of the initial registration fee
11        and $30 of the annual renewal fee shall be remitted to
12        the Attorney General who shall deposit the moneys into
13        the Attorney General Sex Offender Awareness, Training,
14        and Education Fund. Moneys deposited into the Fund
15        shall be used by the Attorney General to administer the
16        I-SORT program and to alert and educate the public,
17        victims, and witnesses of their rights under various
18        victim notification laws and for training law
19        enforcement agencies, State's Attorneys, and medical
20        providers of their legal duties concerning the
21        prosecution and investigation of sex offenses.
22        The registering agency shall establish procedures to
23    document the receipt and remittance of the $100 initial
24    registration fee and $100 annual renewal fee.
25    (d) Within 3 days after obtaining or changing employment
26and, if employed on January 1, 2000, within 5 days after that

 

 

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1date, a person required to register under this Section must
2report, in person to the law enforcement agency having
3jurisdiction, the business name and address where he or she is
4employed. If the person has multiple businesses or work
5locations, every business and work location must be reported to
6the law enforcement agency having jurisdiction.
7(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
8eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
997-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
1012-27-13.)
 
11    Section 15. The Murderer and Violent Offender Against Youth
12Registration Act is amended by changing Section 10 as follows:
 
13    (730 ILCS 154/10)
14    Sec. 10. Duty to register.
15    (a) A violent offender against youth shall, within the time
16period prescribed in subsections (b) and (c), register in
17person and provide accurate information as required by the
18Department of State Police. Such information shall include a
19current photograph, current address, current place of
20employment, the employer's telephone number, school attended,
21extensions of the time period for registering as provided in
22this Act and, if an extension was granted, the reason why the
23extension was granted and the date the violent offender against
24youth was notified of the extension. A person who has been

 

 

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1adjudicated a juvenile delinquent for an act which, if
2committed by an adult, would be a violent offense against youth
3shall register as an adult violent offender against youth
4within 10 days after attaining 17 years of age. The violent
5offender against youth shall register:
6        (1) with the chief of police in the municipality in
7    which he or she resides or is temporarily domiciled for a
8    period of time of 5 or more days, unless the municipality
9    is the City of Chicago, in which case he or she shall
10    register at a fixed location designated by the
11    Superintendent of the Chicago Police Department the
12    Chicago Police Department Headquarters; or
13        (2) with the sheriff in the county in which he or she
14    resides or is temporarily domiciled for a period of time of
15    5 or more days in an unincorporated area or, if
16    incorporated, no police chief exists.
17    If the violent offender against youth is employed at or
18attends an institution of higher education, he or she shall
19register:
20        (i) with the chief of police in the municipality in
21    which he or she is employed at or attends an institution of
22    higher education, unless the municipality is the City of
23    Chicago, in which case he or she shall register at a fixed
24    location designated by the Superintendent of the Chicago
25    Police Department the Chicago Police Department
26    Headquarters; or

 

 

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1        (ii) with the sheriff in the county in which he or she
2    is employed or attends an institution of higher education
3    located in an unincorporated area, or if incorporated, no
4    police chief exists.
5    For purposes of this Act, the place of residence or
6temporary domicile is defined as any and all places where the
7violent offender against youth resides for an aggregate period
8of time of 5 or more days during any calendar year. Any person
9required to register under this Act who lacks a fixed address
10or temporary domicile must notify, in person, the agency of
11jurisdiction of his or her last known address within 5 days
12after ceasing to have a fixed residence.
13    Any person who lacks a fixed residence must report weekly,
14in person, with the sheriff's office of the county in which he
15or she is located in an unincorporated area, or with the chief
16of police in the municipality in which he or she is located.
17The agency of jurisdiction will document each weekly
18registration to include all the locations where the person has
19stayed during the past 7 days.
20    The violent offender against youth shall provide accurate
21information as required by the Department of State Police. That
22information shall include the current place of employment of
23the violent offender against youth.
24    (a-5) An out-of-state student or out-of-state employee
25shall, within 5 days after beginning school or employment in
26this State, register in person and provide accurate information

 

 

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1as required by the Department of State Police. Such information
2will include current place of employment, school attended, and
3address in state of residence. The out-of-state student or
4out-of-state employee shall register:
5        (1) with the chief of police in the municipality in
6    which he or she attends school or is employed for a period
7    of time of 5 or more days or for an aggregate period of
8    time of more than 30 days during any calendar year, unless
9    the municipality is the City of Chicago, in which case he
10    or she shall register at a fixed location designated by the
11    Superintendent of the Chicago Police Department the
12    Chicago Police Department Headquarters; or
13        (2) with the sheriff in the county in which he or she
14    attends school or is employed for a period of time of 5 or
15    more days or for an aggregate period of time of more than
16    30 days during any calendar year in an unincorporated area
17    or, if incorporated, no police chief exists.
18    The out-of-state student or out-of-state employee shall
19provide accurate information as required by the Department of
20State Police. That information shall include the out-of-state
21student's current place of school attendance or the
22out-of-state employee's current place of employment.
23    (b) Any violent offender against youth regardless of any
24initial, prior, or other registration, shall, within 5 days of
25beginning school, or establishing a residence, place of
26employment, or temporary domicile in any county, register in

 

 

SB3354- 19 -LRB099 18323 RLC 42697 b

1person as set forth in subsection (a) or (a-5).
2    (c) The registration for any person required to register
3under this Act shall be as follows:
4        (1) Except as provided in paragraph (3) of this
5    subsection (c), any person who has not been notified of his
6    or her responsibility to register shall be notified by a
7    criminal justice entity of his or her responsibility to
8    register. Upon notification the person must then register
9    within 5 days of notification of his or her requirement to
10    register. If notification is not made within the offender's
11    10 year registration requirement, and the Department of
12    State Police determines no evidence exists or indicates the
13    offender attempted to avoid registration, the offender
14    will no longer be required to register under this Act.
15        (2) Except as provided in paragraph (3) of this
16    subsection (c), any person convicted on or after the
17    effective date of this Act shall register in person within
18    5 days after the entry of the sentencing order based upon
19    his or her conviction.
20        (3) Any person unable to comply with the registration
21    requirements of this Act because he or she is confined,
22    institutionalized, or imprisoned in Illinois on or after
23    the effective date of this Act shall register in person
24    within 5 days of discharge, parole or release.
25        (4) The person shall provide positive identification
26    and documentation that substantiates proof of residence at

 

 

SB3354- 20 -LRB099 18323 RLC 42697 b

1    the registering address.
2        (5) The person shall pay a $20 initial registration fee
3    and a $10 annual renewal fee. The fees shall be deposited
4    into the Murderer and Violent Offender Against Youth
5    Registration Fund. The fees shall be used by the
6    registering agency for official purposes. The agency shall
7    establish procedures to document receipt and use of the
8    funds. The law enforcement agency having jurisdiction may
9    waive the registration fee if it determines that the person
10    is indigent and unable to pay the registration fee.
11    (d) Within 5 days after obtaining or changing employment, a
12person required to register under this Section must report, in
13person to the law enforcement agency having jurisdiction, the
14business name and address where he or she is employed. If the
15person has multiple businesses or work locations, every
16business and work location must be reported to the law
17enforcement agency having jurisdiction.
18(Source: P.A. 97-154, eff. 1-1-12.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.