Full Text of SB2554 94th General Assembly
SB2554eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 16G-10, 16G-15, 16G-21, 16G-25, and 16G-30 and by | 6 |
| adding Sections 16G-35 and 16G-40 as follows:
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| (720 ILCS 5/16G-10)
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| Sec. 16G-10. Definitions. In this Article unless the | 9 |
| context otherwise
requires:
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| (a) "Personal identification document" means a birth | 11 |
| certificate, a drivers
license, a State identification
card, a | 12 |
| public, government, or private employment identification card, | 13 |
| a social
security card, a firearm
owner's identification card, | 14 |
| a credit card, a debit card, or a passport issued
to
or on | 15 |
| behalf of a person other
than the offender,
or any document | 16 |
| made or issued, or falsely purported to have been made or
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| issued, by or under the authority of the United States | 18 |
| Government, the State of
Illinois, or any other State political | 19 |
| subdivision of any state, or any other
governmental or | 20 |
| quasi-governmental organization that is of a type intended for
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| the
purpose of identification of an individual,
or any such | 22 |
| document made or altered in a manner that it falsely
purports | 23 |
| to have been
made on behalf of or issued to another person or | 24 |
| by the authority of one who
did not give that authority.
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| (b) "Personal identifying information" means any of the | 26 |
| following
information:
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| (1) A person's name;
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| (2) A person's address;
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| (2.5) A person's date of birth;
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| (3) A person's telephone number;
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| (4) A person's drivers license number or State of | 32 |
| Illinois identification
card as assigned by the
Secretary |
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| of State of the State of Illinois or a similar agency of | 2 |
| another
state;
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| (5) A person's Social Security number;
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| (6) A person's public, private, or government | 5 |
| employer, place of
employment, or employment
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| identification number;
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| (7) The maiden name of a person's mother;
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| (8) The number assigned to a person's depository | 9 |
| account, savings account,
or brokerage
account;
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| (9) The number assigned to a person's credit or debit | 11 |
| card, commonly known
as a "Visa Card",
"Master Card", | 12 |
| "American Express Card", "Discover Card", or other similar | 13 |
| cards
whether issued by a
financial institution, | 14 |
| corporation, or business entity;
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| (10) Personal identification numbers;
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| (11) Electronic identification numbers;
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| (12) Digital signals;
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| (12.5) User names, passwords, and any other word, | 19 |
| number, character or combination of the same usable in | 20 |
| whole or part to access information relating to a specific | 21 |
| individual, or to the actions taken, communications made or | 22 |
| received, or other activities or transactions of a specific | 23 |
| individual.
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| (13) Any other numbers or information which can be used | 25 |
| to access a
person's financial
resources, or to identify a | 26 |
| specific individual , or the actions taken, communications | 27 |
| made or received, or other activities or transactions of a | 28 |
| specific individual .
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| (c) "Document-making implement" means any implement, | 30 |
| impression, template,
computer file, computer disc, electronic | 31 |
| device, computer hardware, computer
software, instrument, or | 32 |
| device that is used to make a real or fictitious or
fraudulent | 33 |
| personal identification document. | 34 |
| (d) "Financial transaction device" means any of the | 35 |
| following: | 36 |
| (1) An electronic funds transfer card. |
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| (2) A credit card. | 2 |
| (3) A debit card. | 3 |
| (4) A point-of-sale card. | 4 |
| (5) Any instrument, device, card, plate, code, account | 5 |
| number, personal identification number, or a record
or copy | 6 |
| of a code, account number, or personal identification | 7 |
| number or other means of access to a credit
account or | 8 |
| deposit account, or a driver's license or state | 9 |
| identification card used to access a proprietary
account, | 10 |
| other than access originated solely by a paper instrument, | 11 |
| that can be used alone or in conjunction
with another | 12 |
| access device, for any of the following purposes: | 13 |
| (A) Obtaining money, cash refund or credit | 14 |
| account, credit, goods, services, or any other thing of | 15 |
| value. | 16 |
| (B) Certifying or guaranteeing to a person or | 17 |
| business the availability to the device holder of funds | 18 |
| on
deposit to honor a draft or check payable to the | 19 |
| order of that person or business. | 20 |
| (C) Providing the device holder access to a deposit | 21 |
| account for the purpose of making deposits,
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| withdrawing funds, transferring funds between deposit | 23 |
| accounts, obtaining information pertaining to a | 24 |
| deposit
account, or making an electronic funds | 25 |
| transfer.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05.)
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| (720 ILCS 5/16G-15)
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| Sec. 16G-15. Identity theft.
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| (a) A person commits the offense of identity theft when he | 30 |
| or
she
knowingly:
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| (1) uses any personal
identifying information or | 32 |
| personal identification document of another
person to | 33 |
| fraudulently obtain credit, money, goods, services, or | 34 |
| other
property, or
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| (2) uses any personal identification information or |
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| personal
identification document of another with intent to | 2 |
| commit any felony theft
or other felony violation of State | 3 |
| law not set forth in
paragraph (1) of this subsection (a), | 4 |
| or
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| (3) obtains, records, possesses, sells, transfers, | 6 |
| purchases, or
manufactures any personal identification | 7 |
| information or personal
identification document of another | 8 |
| with intent to commit or to aid or abet
another in | 9 |
| committing any felony theft or other felony violation of
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| State law, or
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| (4) uses, obtains, records, possesses, sells, | 12 |
| transfers, purchases,
or manufactures any personal | 13 |
| identification information or
personal identification | 14 |
| document of another knowing that such
personal | 15 |
| identification information or personal identification
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| documents were stolen or produced without lawful | 17 |
| authority, or
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| (5) uses, transfers, or possesses document-making | 19 |
| implements to
produce false identification or false | 20 |
| documents with knowledge that
they will be used by the | 21 |
| person or another to commit any felony theft or other
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| felony violation of State law , or .
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| (6) uses any personal identification information or | 24 |
| personal identification document of another to portray | 25 |
| himself or herself as that person, or otherwise, for the | 26 |
| purpose of gaining access to any personal identification | 27 |
| information or personal identification document of that | 28 |
| person, without the prior express permission of that | 29 |
| person, or | 30 |
| (7) uses any personal identification information or | 31 |
| personal identification document of another for the | 32 |
| purpose of gaining access to any record of the actions | 33 |
| taken, communications made or received, or other | 34 |
| activities or transactions of that person, without the | 35 |
| prior express permission of that person.
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| (b) Knowledge shall be determined by an evaluation of all |
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| circumstances
surrounding the use of the other
person's | 2 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 4 |
| goods,
services, or other property
exceeding a specified value | 5 |
| is brought the value of the credit, money, goods,
services, or | 6 |
| other property is
an element of the offense to be resolved by | 7 |
| the trier of fact as either
exceeding or not exceeding the
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| specified value.
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| (d) Sentence.
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| (1) A person convicted of identity theft in violation | 11 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 12 |
| follows:
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| (A) identity theft of credit, money, goods, | 14 |
| services, or
other
property not exceeding $300 in
value | 15 |
| is a Class 4 felony. A person who has been previously | 16 |
| convicted of
identity theft of
less than $300 who is | 17 |
| convicted of a second or subsequent offense of
identity | 18 |
| theft of less than
$300 is guilty of a Class 3 felony. | 19 |
| A person who has been convicted of identity
theft of | 20 |
| less than
$300 who has been previously convicted of any | 21 |
| type of theft, robbery, armed
robbery, burglary, | 22 |
| residential
burglary, possession of burglary tools, | 23 |
| home invasion, home repair fraud,
aggravated home | 24 |
| repair fraud, or
financial exploitation of an elderly | 25 |
| or disabled person is guilty of a Class 3
felony. When | 26 |
| a person has any
such prior conviction, the information | 27 |
| or indictment charging that person shall
state the | 28 |
| prior conviction so
as to give notice of the State's | 29 |
| intention to treat the charge as a Class 3 felony. The
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| fact of the prior conviction is
not an element of the | 31 |
| offense and may not be disclosed to the jury during | 32 |
| trial
unless otherwise permitted
by issues properly | 33 |
| raised during the trial.
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| (B) Identity theft of credit, money, goods,
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| services, or other
property exceeding $300 and not
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| exceeding $2,000 in value is a Class 3 felony.
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| (C) Identity theft of credit, money, goods,
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| services, or other
property exceeding $2,000 and not
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| exceeding $10,000 in value is a Class 2 felony.
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| (D) Identity theft of credit, money, goods,
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| services, or other
property exceeding $10,000 and
not | 6 |
| exceeding $100,000 in value is a Class 1 felony.
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| (E) Identity theft of credit, money, goods,
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| services, or
other property exceeding $100,000 in
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| value is a Class X felony.
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| (2) A person convicted of any offense enumerated in | 11 |
| paragraphs
(2) through (7)
(5) of subsection (a) is guilty | 12 |
| of a Class 3 felony.
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| (3) A person convicted of any offense enumerated in | 14 |
| paragraphs
(2) through (5) of subsection (a) a second or | 15 |
| subsequent time is
guilty of a Class 2 felony.
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| (4) A person who, within a 12 month period, is found in | 17 |
| violation
of any offense enumerated in paragraphs (2) | 18 |
| through (7)
(5) of
subsection (a) with respect to the | 19 |
| identifiers of , or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is | 21 |
| guilty
of a Class 2 felony.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
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| (720 ILCS 5/16G-21)
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| Sec. 16G-21. Civil remedies. A person who is convicted of | 25 |
| identity theft or aggravated identity theft is liable in a | 26 |
| civil action to the person who
suffered
damages as a result of | 27 |
| the violation. The person suffering damages may
recover court | 28 |
| costs, attorney's
fees, lost wages, and actual damages. Where a | 29 |
| person has been convicted of identity theft in violation of | 30 |
| subsection (a)(6) or subsection (a)(7) of Section 16G-15, in | 31 |
| the absence of proof of actual damages, the person whose | 32 |
| personal identification information or personal identification | 33 |
| documents were used in the violation in question may recover | 34 |
| damages of $2,000.
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| (Source: P.A. 92-686, eff. 7-16-02; 93-401, eff. 7-31-03.)
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| (720 ILCS 5/16G-25)
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| Sec. 16G-25. Offenders interest in the property , consent . | 3 |
| (a) It is no defense to a
charge of aggravated identity
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| theft or identity theft that the offender has an interest in | 5 |
| the
credit, money, goods, services, or
other property.
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| (b) It is no defense to a charge of aggravated identity | 7 |
| theft or identity theft that the offender received the consent | 8 |
| of any person to access any personal identification information | 9 |
| or personal identification document, other than the person | 10 |
| described by the personal identification information or | 11 |
| personal identification document used by the offender.
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| (Source: P.A. 93-401, eff. 7-31-03.)
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| (720 ILCS 5/16G-30)
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| Sec. 16G-30. Mandating law enforcement agencies to accept | 15 |
| and provide
reports; judicial factual determination.
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| (a) A person who has learned or reasonably suspects that | 17 |
| his or her
personal identifying information has been unlawfully | 18 |
| used by another may
initiate a law enforcement investigation by | 19 |
| contacting the local law
enforcement
agency that has | 20 |
| jurisdiction over his or her actual residence, which shall take
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| a police report of the matter, provide the complainant with a | 22 |
| copy of that
report, and begin an investigation of the facts | 23 |
| or, if the suspected crime was
committed in a different | 24 |
| jurisdiction, refer the matter to the law enforcement
agency | 25 |
| where the suspected crime was committed for an investigation of | 26 |
| the
facts.
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| (b) A person who reasonably believes that he or she is the | 28 |
| victim of
financial identity theft may petition a court, or the | 29 |
| court, on its own motion
or upon application of the prosecuting | 30 |
| attorney, may move for an expedited
judicial determination of | 31 |
| his or her factual innocence, where the perpetrator
of
the | 32 |
| financial identity theft was arrested for, cited for, or | 33 |
| convicted of a
crime under the victim's identity, or where a | 34 |
| criminal complaint has been filed
against the perpetrator in |
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| the victim's name, or where the victim's identity
has
been | 2 |
| mistakenly associated with a criminal conviction. Any judicial
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| determination of factual innocence made pursuant to this | 4 |
| subsection (b) may be
heard and determined upon declarations, | 5 |
| affidavits, police reports, or other
material, relevant, and | 6 |
| reliable information submitted by the parties or
ordered
to be | 7 |
| part of the record by the court. If the court determines that | 8 |
| the
petition
or motion is meritorious and that there is no | 9 |
| reasonable cause to believe that
the victim committed the | 10 |
| offense for which the perpetrator of the identity
theft
was | 11 |
| arrested, cited, convicted, or subject to a criminal complaint | 12 |
| in the
victim's name, or that the victim's identity has been | 13 |
| mistakenly associated
with
a record of criminal conviction, the | 14 |
| court shall find the victim factually
innocent of that offense. | 15 |
| If the victim is found factually innocent, the court
shall | 16 |
| issue an order certifying this determination.
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| (c) After a court has issued a determination of factual | 18 |
| innocence under
this Section, the court may order the name and | 19 |
| associated personal identifying
information contained in the | 20 |
| court records, files, and indexes accessible by
the
public | 21 |
| sealed, deleted, or labeled to show that the data is | 22 |
| impersonated and
does
not reflect the defendant's identity.
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| (d) A court that has issued a determination of factual | 24 |
| innocence under
this Section may at any time vacate that | 25 |
| determination if the petition, or any
information submitted in | 26 |
| support of the petition, is found to contain any
material | 27 |
| misrepresentation or fraud.
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| (e) Except for criminal and civil actions provided for by | 29 |
| this Article, or for disciplinary or licensure-related | 30 |
| proceedings involving the violation of this Article, no | 31 |
| information acquired by, or as a result of, any violation of | 32 |
| Section 16G-15 or 16G-20 shall be discoverable or admissible in | 33 |
| any court or other proceeding, or otherwise subject to | 34 |
| disclosure without the express permission of any person or | 35 |
| persons identified in that information.
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| (Source: P.A. 93-195, eff. 1-1-04.)
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| (720 ILCS 5/16G-35 new) | 2 |
| Sec. 16G-35. Venue. In addition to any other venues | 3 |
| provided for by statute or otherwise, venue for any criminal | 4 |
| prosecution or civil recovery action under this Law shall be | 5 |
| proper in any county where the person described in the personal | 6 |
| identification information or personal identification document | 7 |
| in question resides or has their principal place of business. | 8 |
| Where a criminal prosecution or civil recovery action under | 9 |
| this Law involves the personal identification information or | 10 |
| personal identification documents of more than one person, | 11 |
| venue shall be proper in any county where one or more of the | 12 |
| persons described in the personal identification information | 13 |
| or personal identification documents in question resides or has | 14 |
| their principal place of business. | 15 |
| (720 ILCS 5/16G-40 new) | 16 |
| Sec. 16G-40. Exemptions, relation to other laws. | 17 |
| (a) This Article does not: | 18 |
| (1) prohibit the capture or transmission of personal
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| identifying information in the ordinary and lawful course | 20 |
| of business; | 21 |
| (2) apply to a peace officer of this State, or of the
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| federal government, or the officer's agent, while in the | 23 |
| lawful performance of the officer's duties; | 24 |
| (3) prohibit a licensed private detective or licensed | 25 |
| private detective agency from representing himself, | 26 |
| herself, or itself as any another person, provided that he, | 27 |
| she, or it may not portray himself, herself, or itself as | 28 |
| the person whose information he, she, or it is seeking | 29 |
| except as provided under this Article; | 30 |
| (4) apply to activities authorized under any other | 31 |
| statute. | 32 |
| (b) No criminal prosecution or civil action brought under | 33 |
| this Article shall prohibit a person from being charged with, | 34 |
| convicted of, or punished for any other violation of law |
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| committed by that person while violating or attempting to | 2 |
| violate this Article.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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