Rep. Daniel Didech
Filed: 2/21/2023
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1 | AMENDMENT TO HOUSE BILL 1168
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2 | AMENDMENT NO. ______. Amend House Bill 1168 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
5 | is amended by changing Sections 3 and 4 as follows:
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6 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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7 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
8 | Sec. 3. The terms used in this Act shall have the following | ||||||
9 | meanings:
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10 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
11 | person determined by the prosecutor or the court to have | ||||||
12 | suffered direct physical or psychological harm as a result of | ||||||
13 | a violent crime perpetrated or attempted against that person | ||||||
14 | or direct physical or psychological harm as a result of (i) a | ||||||
15 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
16 | similar provision of a local ordinance or (ii) a violation of |
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1 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
3 | years of age or an adult victim who is incompetent or | ||||||
4 | incapacitated, both parents, legal guardians, foster parents, | ||||||
5 | or a single adult representative; (3) in the case of an adult | ||||||
6 | deceased victim, 2 representatives who may be the spouse, | ||||||
7 | parent, child or sibling of the victim, or the representative | ||||||
8 | of the victim's estate; and (4) an immediate family member of a | ||||||
9 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
10 | victim. If the victim is 18 years of age or over, the victim | ||||||
11 | may choose any person to be the victim's representative. In no | ||||||
12 | event shall the defendant or any person who aided and abetted | ||||||
13 | in the commission of the crime be considered a victim, a crime | ||||||
14 | victim, or a representative of the victim. | ||||||
15 | A board, agency, or other governmental entity making | ||||||
16 | decisions regarding an offender's release, sentence reduction, | ||||||
17 | or clemency can determine additional persons are victims for | ||||||
18 | the purpose of its proceedings.
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19 | (a-3) "Advocate" means a person whose communications with | ||||||
20 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
21 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
22 | Domestic Violence Act of 1986. | ||||||
23 | (a-5) "Confer" means to consult together, share | ||||||
24 | information, compare opinions and carry on a discussion or | ||||||
25 | deliberation. | ||||||
26 | (a-7) "Sentence" includes, but is not limited to, the |
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1 | imposition of sentence, a request for a reduction in sentence, | ||||||
2 | parole, mandatory supervised release, aftercare release, early | ||||||
3 | release, inpatient treatment, outpatient treatment, | ||||||
4 | conditional release after a finding that the defendant is not | ||||||
5 | guilty by reason of insanity, clemency, or a proposal that | ||||||
6 | would reduce the defendant's sentence or result in the | ||||||
7 | defendant's release. "Early release" refers to a discretionary | ||||||
8 | release. | ||||||
9 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
10 | imposition of sentence and a request for a reduction in | ||||||
11 | sentence, parole, mandatory supervised release, aftercare | ||||||
12 | release, early release, consideration of inpatient treatment | ||||||
13 | or outpatient treatment, or conditional release after a | ||||||
14 | finding that the defendant is not guilty by reason of | ||||||
15 | insanity. | ||||||
16 | (a-10) "Status hearing" means a hearing designed to | ||||||
17 | provide information to the court, at which no motion of a | ||||||
18 | substantive nature and no constitutional or statutory right of | ||||||
19 | a crime victim is implicated or at issue. | ||||||
20 | (b) "Witness" means: any person who personally observed | ||||||
21 | the commission of
a crime and who will testify on behalf of the | ||||||
22 | State of Illinois; or a person who will be called by the | ||||||
23 | prosecution to give testimony establishing a necessary nexus | ||||||
24 | between the offender and the violent crime.
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25 | (c) "Violent crime" means: (1) any felony in which force | ||||||
26 | or threat of force was
used against the victim; (2) any offense |
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1 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
2 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
3 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
5 | violation of an order of
protection, a civil no contact order, | ||||||
6 | or a stalking no contact order; (6) any misdemeanor which | ||||||
7 | results in death or great bodily
harm to the victim; or (7) any | ||||||
8 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
9 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
10 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
11 | the violation resulted
in personal injury or death. "Violent | ||||||
12 | crime" includes any action committed by a juvenile
that would | ||||||
13 | be a violent crime if committed by an adult. For the purposes | ||||||
14 | of
this paragraph, "personal injury" shall include any Type A | ||||||
15 | injury as indicated
on the traffic accident report completed | ||||||
16 | by a law enforcement officer that
requires immediate | ||||||
17 | professional attention in either a doctor's office or
medical | ||||||
18 | facility. A type A injury shall include severely bleeding | ||||||
19 | wounds,
distorted extremities, and injuries that require the | ||||||
20 | injured party to be
carried from the scene.
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21 | (d) (Blank).
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22 | (e) "Court proceedings" includes, but is not limited to, | ||||||
23 | the preliminary hearing, any post-arraignment hearing the
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24 | effect of which may be the release of the defendant from | ||||||
25 | custody or to alter
the conditions of bond, change of plea | ||||||
26 | hearing, the trial, any pretrial or post-trial hearing, |
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1 | sentencing, any oral argument or hearing before an Illinois | ||||||
2 | appellate court, any hearing under the Mental Health and | ||||||
3 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
4 | Unified Code of Corrections after a finding that the defendant | ||||||
5 | is not guilty by reason of insanity, including a hearing for | ||||||
6 | conditional release, any
hearing related to a modification of | ||||||
7 | sentence, probation revocation hearing, aftercare release or | ||||||
8 | parole hearings, post-conviction relief proceedings, habeas | ||||||
9 | corpus proceedings and clemency proceedings related to the | ||||||
10 | defendant's conviction or sentence. For purposes of the | ||||||
11 | victim's right to be present, "court proceedings" does not | ||||||
12 | include (1) hearings under Section 109-1 of the Code of | ||||||
13 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
14 | status hearings, or (4) the issuance of an order or decision of | ||||||
15 | an Illinois court that dismisses a charge, reverses a | ||||||
16 | conviction, reduces a sentence, or releases an offender under | ||||||
17 | a court rule.
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18 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
19 | friends of the victim, witnesses to the
crime, or any other | ||||||
20 | person associated with the victim or prisoner. | ||||||
21 | (g) "Victim's attorney" means an attorney retained by the | ||||||
22 | victim for the purposes of asserting the victim's | ||||||
23 | constitutional and statutory rights. An attorney retained by | ||||||
24 | the victim means an attorney who is hired to represent the | ||||||
25 | victim at the victim's expense or an attorney who has agreed to | ||||||
26 | provide pro bono representation. Nothing in this statute |
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1 | creates a right to counsel at public expense for a victim. | ||||||
2 | (h) "Support person" means a person chosen by a victim to | ||||||
3 | be present at court proceedings. | ||||||
4 | (Source: P.A. 102-1104, eff. 1-1-23.)
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5 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
6 | Sec. 3. The terms used in this Act shall have the following | ||||||
7 | meanings:
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8 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
9 | person determined by the prosecutor or the court to have | ||||||
10 | suffered direct physical or psychological harm as a result of | ||||||
11 | a violent crime perpetrated or attempted against that person | ||||||
12 | or direct physical or psychological harm as a result of (i) a | ||||||
13 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
14 | similar provision of a local ordinance or (ii) a violation of | ||||||
15 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
17 | years of age or an adult victim who is incompetent or | ||||||
18 | incapacitated, both parents, legal guardians, foster parents, | ||||||
19 | or a single adult representative; (3) in the case of an adult | ||||||
20 | deceased victim, 2 representatives who may be the spouse, | ||||||
21 | parent, child or sibling of the victim, or the representative | ||||||
22 | of the victim's estate; and (4) an immediate family member of a | ||||||
23 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
24 | victim. If the victim is 18 years of age or over, the victim | ||||||
25 | may choose any person to be the victim's representative. In no |
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1 | event shall the defendant or any person who aided and abetted | ||||||
2 | in the commission of the crime be considered a victim, a crime | ||||||
3 | victim, or a representative of the victim. | ||||||
4 | A board, agency, or other governmental entity making | ||||||
5 | decisions regarding an offender's release, sentence reduction, | ||||||
6 | or clemency can determine additional persons are victims for | ||||||
7 | the purpose of its proceedings.
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8 | (a-3) "Advocate" means a person whose communications with | ||||||
9 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
10 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
11 | Domestic Violence Act of 1986. | ||||||
12 | (a-5) "Confer" means to consult together, share | ||||||
13 | information, compare opinions and carry on a discussion or | ||||||
14 | deliberation. | ||||||
15 | "DNA database" means a collection of DNA profiles from | ||||||
16 | forensic casework or specimens from anonymous, identified, and | ||||||
17 | unidentified sources that are created to search DNA records | ||||||
18 | against each other to develop investigative leads among | ||||||
19 | forensic cases. | ||||||
20 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
21 | imposition of sentence, a request for a reduction in sentence, | ||||||
22 | parole, mandatory supervised release, aftercare release, early | ||||||
23 | release, inpatient treatment, outpatient treatment, | ||||||
24 | conditional release after a finding that the defendant is not | ||||||
25 | guilty by reason of insanity, clemency, or a proposal that | ||||||
26 | would reduce the defendant's sentence or result in the |
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1 | defendant's release. "Early release" refers to a discretionary | ||||||
2 | release. | ||||||
3 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
4 | imposition of sentence and a request for a reduction in | ||||||
5 | sentence, parole, mandatory supervised release, aftercare | ||||||
6 | release, early release, consideration of inpatient treatment | ||||||
7 | or outpatient treatment, or conditional release after a | ||||||
8 | finding that the defendant is not guilty by reason of | ||||||
9 | insanity. | ||||||
10 | (a-10) "Status hearing" means a hearing designed to | ||||||
11 | provide information to the court, at which no motion of a | ||||||
12 | substantive nature and no constitutional or statutory right of | ||||||
13 | a crime victim is implicated or at issue. | ||||||
14 | (b) "Witness" means: any person who personally observed | ||||||
15 | the commission of
a crime and who will testify on behalf of the | ||||||
16 | State of Illinois; or a person who will be called by the | ||||||
17 | prosecution to give testimony establishing a necessary nexus | ||||||
18 | between the offender and the violent crime.
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19 | (c) "Violent crime" means: (1) any felony in which force | ||||||
20 | or threat of force was
used against the victim; (2) any offense | ||||||
21 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
22 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
23 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
25 | violation of an order of
protection, a civil no contact order, | ||||||
26 | or a stalking no contact order; (6) any misdemeanor which |
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1 | results in death or great bodily
harm to the victim; or (7) any | ||||||
2 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
3 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
4 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
5 | the violation resulted
in personal injury or death. "Violent | ||||||
6 | crime" includes any action committed by a juvenile
that would | ||||||
7 | be a violent crime if committed by an adult. For the purposes | ||||||
8 | of
this paragraph, "personal injury" shall include any Type A | ||||||
9 | injury as indicated
on the traffic crash report completed by a | ||||||
10 | law enforcement officer that
requires immediate professional | ||||||
11 | attention in either a doctor's office or
medical facility. A | ||||||
12 | type A injury shall include severely bleeding wounds,
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13 | distorted extremities, and injuries that require the injured | ||||||
14 | party to be
carried from the scene.
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15 | (d) (Blank).
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16 | (e) "Court proceedings" includes, but is not limited to, | ||||||
17 | the preliminary hearing, any post-arraignment hearing the
| ||||||
18 | effect of which may be the release of the defendant from | ||||||
19 | custody or to alter
the conditions of bond, change of plea | ||||||
20 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
21 | sentencing, any oral argument or hearing before an Illinois | ||||||
22 | appellate court, any hearing under the Mental Health and | ||||||
23 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
24 | Unified Code of Corrections after a finding that the defendant | ||||||
25 | is not guilty by reason of insanity, including a hearing for | ||||||
26 | conditional release, any
hearing related to a modification of |
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| |||||||
1 | sentence, probation revocation hearing, aftercare release or | ||||||
2 | parole hearings, post-conviction relief proceedings, habeas | ||||||
3 | corpus proceedings and clemency proceedings related to the | ||||||
4 | defendant's conviction or sentence. For purposes of the | ||||||
5 | victim's right to be present, "court proceedings" does not | ||||||
6 | include (1) grand jury proceedings, (2) status hearings, or | ||||||
7 | (3) the issuance of an order or decision of an Illinois court | ||||||
8 | that dismisses a charge, reverses a conviction, reduces a | ||||||
9 | sentence, or releases an offender under a court rule.
| ||||||
10 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
11 | friends of the victim, witnesses to the
crime, or any other | ||||||
12 | person associated with the victim or prisoner. | ||||||
13 | (g) "Victim's attorney" means an attorney retained by the | ||||||
14 | victim for the purposes of asserting the victim's | ||||||
15 | constitutional and statutory rights. An attorney retained by | ||||||
16 | the victim means an attorney who is hired to represent the | ||||||
17 | victim at the victim's expense or an attorney who has agreed to | ||||||
18 | provide pro bono representation. Nothing in this statute | ||||||
19 | creates a right to counsel at public expense for a victim. | ||||||
20 | (h) "Support person" means a person chosen by a victim to | ||||||
21 | be present at court proceedings. | ||||||
22 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
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23 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
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24 | Sec. 4. Rights of crime victims.
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25 | (a) Crime victims shall have the following rights:
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1 | (1) The right to be treated with fairness and respect | ||||||
2 | for their dignity
and privacy and to be free from | ||||||
3 | harassment, intimidation, and abuse throughout the | ||||||
4 | criminal justice process.
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5 | (1.5) The right to notice and to a hearing before a | ||||||
6 | court ruling on a request for access to any of the victim's | ||||||
7 | records, information, or communications which are | ||||||
8 | privileged or confidential by law. | ||||||
9 | (1.6) Except as otherwise provided in Section 9.5 of | ||||||
10 | the Criminal Identification Act or Section 3-3013 of the | ||||||
11 | Counties Code, whenever a person's DNA profile is | ||||||
12 | collected due to the person being a victim of a crime, that | ||||||
13 | specific profile collected in conjunction with that | ||||||
14 | criminal investigation shall not be entered into any DNA | ||||||
15 | database. | ||||||
16 | (2) The right to timely notification of all court | ||||||
17 | proceedings.
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18 | (3) The right to communicate with the prosecution.
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19 | (4) The right to be heard at any post-arraignment | ||||||
20 | court proceeding in which a right of the victim is at issue | ||||||
21 | and any court proceeding involving a post-arraignment | ||||||
22 | release decision, plea, or sentencing.
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23 | (5) The right to be notified of the conviction, the | ||||||
24 | sentence, the imprisonment
and the release of the accused.
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25 | (6) The right to the timely disposition of the case | ||||||
26 | following the arrest
of the accused.
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1 | (7) The right to be reasonably protected from the | ||||||
2 | accused through the
criminal justice process.
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3 | (7.5) The right to have the safety of the victim and | ||||||
4 | the victim's family considered in determining whether to | ||||||
5 | release the defendant and setting conditions of release | ||||||
6 | after arrest and conviction. | ||||||
7 | (8) The right to be present at the trial and all other | ||||||
8 | court proceedings
on the same basis as the accused, unless | ||||||
9 | the victim is to testify and the court
determines that the | ||||||
10 | victim's testimony would be materially affected if the
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11 | victim hears other testimony at the trial.
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12 | (9) The right to have present at all court | ||||||
13 | proceedings, including proceedings under the Juvenile | ||||||
14 | Court Act of 1987, subject to the
rules of evidence, an | ||||||
15 | advocate and other support person of the victim's choice.
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16 | (10) The right to restitution.
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17 | (b) Any law enforcement agency that investigates an | ||||||
18 | offense committed in this State shall provide a crime victim | ||||||
19 | with a written statement and explanation of the rights of | ||||||
20 | crime victims under this amendatory Act of the 99th General | ||||||
21 | Assembly within 48 hours of law enforcement's initial contact | ||||||
22 | with a victim. The statement shall include information about | ||||||
23 | crime victim compensation, including how to contact the Office | ||||||
24 | of the Illinois Attorney General to file a claim, and | ||||||
25 | appropriate referrals to local and State programs that provide | ||||||
26 | victim services. The content of the statement shall be |
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1 | provided to law enforcement by the Attorney General. Law | ||||||
2 | enforcement shall also provide a crime victim with a sign-off | ||||||
3 | sheet that the victim shall sign and date as an | ||||||
4 | acknowledgement that he or she has been furnished with | ||||||
5 | information and an explanation of the rights of crime victims | ||||||
6 | and compensation set forth in this Act. | ||||||
7 | (b-5) Upon the request of the victim, the law enforcement | ||||||
8 | agency having jurisdiction shall provide a free copy of the | ||||||
9 | police report concerning the victim's incident, as soon as | ||||||
10 | practicable, but in no event later than 5 business days from | ||||||
11 | the request. | ||||||
12 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
13 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
14 | Illinois Constitution and subsection (a) of this Section | ||||||
15 | within 3 feet of the door to any courtroom where criminal | ||||||
16 | proceedings are conducted. The clerk may also post the rights | ||||||
17 | in other locations in the courthouse. | ||||||
18 | (d) At any point, the victim has the right to retain a | ||||||
19 | victim's attorney who may be present during all stages of any | ||||||
20 | interview, investigation, or other interaction with | ||||||
21 | representatives of the criminal justice system. Treatment of | ||||||
22 | the victim should not be affected or altered in any way as a | ||||||
23 | result of the victim's decision to exercise this right.
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24 | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .)
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25 | Section 95. No acceleration or delay. Where this Act makes |
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1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act.".
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