Full Text of HB5756 95th General Assembly
HB5756ham002 95TH GENERAL ASSEMBLY
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Homeland Security & Emergency Preparedness Committee
Adopted in House Comm. on Apr 30, 2008
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LRB095 14924 RLC 49409 a |
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| AMENDMENT TO HOUSE BILL 5756
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| AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Section 5-4-1 as follows:
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| (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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| Sec. 5-4-1. Sentencing Hearing.
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| (a) Except when the death penalty is
sought under hearing | 10 |
| procedures otherwise specified, after a
determination of | 11 |
| guilt, a hearing shall be held to impose the sentence.
However, | 12 |
| prior to the imposition of sentence on an individual being
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| sentenced for an offense based upon a charge for a violation of | 14 |
| Section
11-501 of the Illinois Vehicle Code or a similar | 15 |
| provision of a local
ordinance, the individual must undergo a | 16 |
| professional evaluation to
determine if an alcohol or other |
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| drug abuse problem exists and the extent
of such a problem. | 2 |
| Programs conducting these evaluations shall be
licensed by the | 3 |
| Department of Human Services. However, if the individual is
not | 4 |
| a resident of Illinois, the court
may, in its discretion, | 5 |
| accept an evaluation from a program in the state of
such | 6 |
| individual's residence. The court may in its sentencing order | 7 |
| approve an
eligible defendant for placement in a Department of | 8 |
| Corrections impact
incarceration program as provided in | 9 |
| Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 10 |
| order recommend a defendant for placement in a Department of | 11 |
| Corrections substance abuse treatment program as provided in | 12 |
| paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 13 |
| upon the defendant being accepted in a program by the | 14 |
| Department of Corrections. At the
hearing the court
shall:
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| (1) consider the evidence, if any, received upon the | 16 |
| trial;
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| (2) consider any presentence reports;
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| (3) consider the financial impact of incarceration | 19 |
| based on the
financial impact statement filed with the | 20 |
| clerk of the court by the
Department of Corrections;
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| (4) consider evidence and information offered by the | 22 |
| parties in
aggravation and mitigation; | 23 |
| (4.5) consider substance abuse treatment, eligibility | 24 |
| screening, and an assessment, if any, of the defendant by | 25 |
| an agent designated by the State of Illinois to provide | 26 |
| assessment services for the Illinois courts;
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| (5) hear arguments as to sentencing alternatives;
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| (6) afford the defendant the opportunity to make a | 3 |
| statement in his
own behalf;
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| (7) afford the victim of a violent crime or a violation | 5 |
| of Section
11-501 of the Illinois Vehicle Code, or a | 6 |
| similar provision of a local
ordinance, or a qualified | 7 |
| individual affected by: (i) a violation of Section
405, | 8 |
| 405.1, 405.2, or 407 of the Illinois Controlled Substances | 9 |
| Act or a violation of Section 55 or Section 65 of the | 10 |
| Methamphetamine Control and Community Protection Act,
or | 11 |
| (ii) a Class 4 felony violation of Section 11-14, 11-15, | 12 |
| 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | 13 |
| 1961,
committed by the defendant the opportunity to make a | 14 |
| statement
concerning the impact on the victim and to offer | 15 |
| evidence in aggravation or
mitigation; provided that the | 16 |
| statement and evidence offered in aggravation
or | 17 |
| mitigation must first be prepared in writing in conjunction | 18 |
| with the
State's Attorney before it may be presented orally | 19 |
| at the hearing. Any
sworn testimony offered by the victim | 20 |
| is subject to the defendant's right
to cross-examine. All | 21 |
| statements and evidence offered under this paragraph
(7) | 22 |
| shall become part of the record of the court. For the | 23 |
| purpose of this
paragraph (7), "qualified individual" | 24 |
| means any person who (i) lived or worked
within the | 25 |
| territorial jurisdiction where the offense took place when | 26 |
| the
offense took place;
and (ii) is familiar with various |
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| public places within the territorial
jurisdiction where
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| the offense took place when the offense took place. For the | 3 |
| purposes of
this paragraph (7), "qualified individual" | 4 |
| includes any peace officer,
or any member of any duly | 5 |
| organized State, county, or municipal peace unit
assigned | 6 |
| to the territorial jurisdiction where the offense took | 7 |
| place when the
offense took
place;
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| (8) in cases of reckless homicide afford the victim's | 9 |
| spouse,
guardians, parents or other immediate family | 10 |
| members an opportunity to make
oral statements; and
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| (9) in cases involving a felony sex offense as defined | 12 |
| under the Sex
Offender
Management Board Act, consider the | 13 |
| results of the sex offender evaluation
conducted pursuant | 14 |
| to Section 5-3-2 of this Act.
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| (b) All sentences shall be imposed by the judge based upon | 16 |
| his
independent assessment of the elements specified above and | 17 |
| any agreement
as to sentence reached by the parties. The judge | 18 |
| who presided at the
trial or the judge who accepted the plea of | 19 |
| guilty shall impose the
sentence unless he is no longer sitting | 20 |
| as a judge in that court. Where
the judge does not impose | 21 |
| sentence at the same time on all defendants
who are convicted | 22 |
| as a result of being involved in the same offense, the
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| defendant or the State's Attorney may advise the sentencing | 24 |
| court of the
disposition of any other defendants who have been | 25 |
| sentenced.
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| (c) In imposing a sentence for a violent crime or for an |
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| offense of
operating or being in physical control of a vehicle | 2 |
| while under the
influence of alcohol, any other drug or any | 3 |
| combination thereof, or a
similar provision of a local | 4 |
| ordinance, when such offense resulted in the
personal injury to | 5 |
| someone other than the defendant, the trial judge shall
specify | 6 |
| on the record the particular evidence, information, factors in
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| mitigation and aggravation or other reasons that led to his | 8 |
| sentencing
determination. The full verbatim record of the | 9 |
| sentencing hearing shall be
filed with the clerk of the court | 10 |
| and shall be a public record.
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| (c-1) In imposing a sentence for the offense of aggravated | 12 |
| kidnapping for
ransom, home invasion, armed robbery, | 13 |
| aggravated vehicular hijacking,
aggravated discharge of a | 14 |
| firearm, or armed violence with a category I weapon
or category | 15 |
| II weapon,
the trial judge shall make a finding as to whether | 16 |
| the conduct leading to
conviction for the offense resulted in | 17 |
| great bodily harm to a victim, and
shall enter that finding and | 18 |
| the basis for that finding in the record.
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| (c-2) If the defendant is sentenced to prison, other than | 20 |
| when a sentence of
natural life imprisonment or a sentence of | 21 |
| death is imposed, at the time
the sentence is imposed the judge | 22 |
| shall
state on the record in open court the approximate period | 23 |
| of time the defendant
will serve in custody according to the | 24 |
| then current statutory rules and
regulations for early release | 25 |
| found in Section 3-6-3 and other related
provisions of this | 26 |
| Code. This statement is intended solely to inform the
public, |
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| has no legal effect on the defendant's actual release, and may | 2 |
| not be
relied on by the defendant on appeal.
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| The judge's statement, to be given after pronouncing the | 4 |
| sentence, other than
when the sentence is imposed for one of | 5 |
| the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | 6 |
| shall include the following:
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| "The purpose of this statement is to inform the public of | 8 |
| the actual period
of time this defendant is likely to spend in | 9 |
| prison as a result of this
sentence. The actual period of | 10 |
| prison time served is determined by the
statutes of Illinois as | 11 |
| applied to this sentence by the Illinois Department of
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| Corrections and
the Illinois Prisoner Review Board. In this | 13 |
| case, assuming the defendant
receives all of his or her good | 14 |
| conduct credit, the period of estimated actual
custody is ... | 15 |
| years and ... months, less up to 180 days additional good
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| conduct credit for meritorious service. If the defendant, | 17 |
| because of his or
her own misconduct or failure to comply with | 18 |
| the institutional regulations,
does not receive those credits, | 19 |
| the actual time served in prison will be
longer. The defendant | 20 |
| may also receive an additional one-half day good conduct
credit | 21 |
| for each day of participation in vocational, industry, | 22 |
| substance abuse,
and educational programs as provided for by | 23 |
| Illinois statute."
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| When the sentence is imposed for one of the offenses | 25 |
| enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 26 |
| when the sentence is imposed for one of the
offenses enumerated |
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| in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 2 |
| 19, 1998, and other than when the sentence is imposed for
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| reckless homicide as defined in subsection (e) of Section 9-3 | 4 |
| of the Criminal
Code of 1961 if the offense was committed on or | 5 |
| after January 1, 1999, and
other than when the sentence is | 6 |
| imposed for aggravated arson if the offense was
committed on or | 7 |
| after July 27, 2001 (the effective date of Public Act
92-176), | 8 |
| the
judge's statement, to be given after pronouncing the | 9 |
| sentence, shall include
the following:
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| "The purpose of this statement is to inform the public of | 11 |
| the actual period
of time this defendant is likely to spend in | 12 |
| prison as a result of this
sentence. The actual period of | 13 |
| prison time served is determined by the
statutes of Illinois as | 14 |
| applied to this sentence by the Illinois Department of
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| Corrections and the Illinois Prisoner Review Board. In this | 16 |
| case,
assuming the defendant
receives all of his or her good | 17 |
| conduct credit, the period of estimated actual
custody is ... | 18 |
| years and ... months, less up to 90 days additional good
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| conduct credit for meritorious service. If the defendant, | 20 |
| because of his or
her own misconduct or failure to comply with | 21 |
| the institutional regulations,
does not receive those credits, | 22 |
| the actual time served in prison will be
longer. The defendant | 23 |
| may also receive an additional one-half day good conduct
credit | 24 |
| for each day of participation in vocational, industry, | 25 |
| substance abuse,
and educational programs as provided for by | 26 |
| Illinois statute."
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| When the sentence is imposed for one of the offenses | 2 |
| enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 3 |
| first degree murder, and the offense was
committed on or after | 4 |
| June 19, 1998, and when the sentence is imposed for
reckless | 5 |
| homicide as defined in subsection (e) of Section 9-3 of the | 6 |
| Criminal
Code of 1961 if the offense was committed on or after | 7 |
| January 1, 1999,
and when the sentence is imposed for | 8 |
| aggravated driving under the influence
of alcohol, other drug | 9 |
| or drugs, or intoxicating compound or compounds, or
any | 10 |
| combination thereof as defined in subparagraph (F) of paragraph | 11 |
| (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | 12 |
| Code, and when
the sentence is imposed for aggravated arson if | 13 |
| the offense was committed
on or after July 27, 2001 (the | 14 |
| effective date of Public Act 92-176), the judge's
statement, to | 15 |
| be given after pronouncing the sentence, shall include the
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| following:
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| "The purpose of this statement is to inform the public of | 18 |
| the actual period
of time this defendant is likely to spend in | 19 |
| prison as a result of this
sentence. The actual period of | 20 |
| prison time served is determined by the
statutes of Illinois as | 21 |
| applied to this sentence by the Illinois Department of
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| Corrections and
the Illinois Prisoner Review Board. In this | 23 |
| case,
the defendant is entitled to no more than 4 1/2 days of | 24 |
| good conduct credit for
each month of his or her sentence of | 25 |
| imprisonment. Therefore, this defendant
will serve at least 85% | 26 |
| of his or her sentence. Assuming the defendant
receives 4 1/2 |
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| days credit for each month of his or her sentence, the period
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| of estimated actual custody is ... years and ... months. If the | 3 |
| defendant,
because of his or her own misconduct or failure to | 4 |
| comply with the
institutional regulations receives lesser | 5 |
| credit, the actual time served in
prison will be longer."
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| When a sentence of imprisonment is imposed for first degree | 7 |
| murder and
the offense was committed on or after June 19, 1998, | 8 |
| the judge's statement,
to be given after pronouncing the | 9 |
| sentence, shall include the following:
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| "The purpose of this statement is to inform the public of | 11 |
| the actual period
of time this defendant is likely to spend in | 12 |
| prison as a result of this
sentence. The actual period of | 13 |
| prison time served is determined by the
statutes of Illinois as | 14 |
| applied to this sentence by the Illinois Department
of | 15 |
| Corrections and the Illinois Prisoner Review Board. In this | 16 |
| case, the
defendant is not entitled to good conduct credit. | 17 |
| Therefore, this defendant
will serve 100% of his or her | 18 |
| sentence."
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| When the sentencing order recommends placement in a | 20 |
| substance abuse program for any offense that results in | 21 |
| incarceration
in a Department of Corrections facility and the | 22 |
| crime was
committed on or after September 1, 2003 (the | 23 |
| effective date of Public Act
93-354), the judge's
statement, in | 24 |
| addition to any other judge's statement required under this
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| Section, to be given after pronouncing the sentence, shall | 26 |
| include the
following:
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| "The purpose of this statement is to inform the public of
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| the actual period of time this defendant is likely to spend in
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| prison as a result of this sentence. The actual period of
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| prison time served is determined by the statutes of Illinois as
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| applied to this sentence by the Illinois Department of
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| Corrections and the Illinois Prisoner Review Board. In this
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| case, the defendant shall receive no good conduct credit under | 8 |
| clause (3) of subsection (a) of Section 3-6-3 until he or
she | 9 |
| participates in and completes a substance abuse treatment | 10 |
| program or receives a waiver from the Director of Corrections | 11 |
| pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
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| (d) When the defendant is committed to the Department of
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| Corrections, the State's Attorney shall and counsel for the | 14 |
| defendant
may file a statement with the clerk of the court to | 15 |
| be transmitted to
the department, agency or institution to | 16 |
| which the defendant is
committed to furnish such department, | 17 |
| agency or institution with the
facts and circumstances of the | 18 |
| offense for which the person was
committed together with all | 19 |
| other factual information accessible to them
in regard to the | 20 |
| person prior to his commitment relative to his habits,
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| associates, disposition and reputation and any other facts and
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| circumstances which may aid such department, agency or | 23 |
| institution
during its custody of such person. The clerk shall | 24 |
| within 10 days after
receiving any such statements transmit a | 25 |
| copy to such department, agency
or institution and a copy to | 26 |
| the other party, provided, however, that
this shall not be |
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| cause for delay in conveying the person to the
department, | 2 |
| agency or institution to which he has been committed.
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| (e) The clerk of the court shall transmit to the | 4 |
| department,
agency or institution, if any, to which the | 5 |
| defendant is committed, the
following:
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| (1) the sentence imposed;
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| (2) any statement by the court of the basis for | 8 |
| imposing the sentence;
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| (3) any presentence reports;
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| (3.5) any sex offender evaluations;
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| (3.6) any substance abuse treatment eligibility | 12 |
| screening and assessment of the defendant by an agent | 13 |
| designated by the State of Illinois to provide assessment | 14 |
| services for the Illinois courts;
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| (4) the number of days, if any, which the defendant has | 16 |
| been in
custody and for which he is entitled to credit | 17 |
| against the sentence,
which information shall be provided | 18 |
| to the clerk by the sheriff;
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| (4.1) any finding of great bodily harm made by the | 20 |
| court with respect
to an offense enumerated in subsection | 21 |
| (c-1);
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| (5) all statements filed under subsection (d) of this | 23 |
| Section;
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| (6) any medical or mental health records or summaries | 25 |
| of the defendant;
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| (7) the municipality where the arrest of the offender |
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| or the commission
of the offense has occurred, where such | 2 |
| municipality has a population of
more than 25,000 persons;
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| (8) all statements made and evidence offered under | 4 |
| paragraph (7) of
subsection (a) of this Section; and
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| (9) all additional matters which the court directs the | 6 |
| clerk to
transmit ; .
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| (10) the defendant's immigration status as declared by | 8 |
| the defendant in conjunction with the advisement issued by | 9 |
| the court pursuant to Section 113-8 of the Code of Criminal | 10 |
| Procedure of 1963; and | 11 |
| (11)
the defendant's immigration status as declared by | 12 |
| the defendant in conjunction with advisement issued by the | 13 |
| court at the sentencing hearing conducted pursuant to this | 14 |
| Section. | 15 |
| (f) At the sentencing hearing for a conviction or plea of | 16 |
| guilty to a misdemeanor or felony offense, the court shall give | 17 |
| the following advisement to the defendant in open court: "If | 18 |
| you are not a citizen of the United States, you are hereby | 19 |
| advised that your conviction for the offense for which you have | 20 |
| been found guilty or entered a plea of guilty may have | 21 |
| consequences of deportation, exclusion from admission to the | 22 |
| United States, or denial of naturalization under the laws of | 23 |
| the United States." | 24 |
| (g) The Illinois Department of Corrections shall submit | 25 |
| information it receives pursuant to paragraphs (10) and (11) of | 26 |
| subsection (e) for all defendants committed to a Department of |
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| Corrections facility to the U.S. Department of Immigration | 2 |
| Customs Enforcement. | 3 |
| (h) Notwithstanding any other rulemaking authority that | 4 |
| may exist, neither the Governor nor any agency or agency head | 5 |
| under the jurisdiction of the Governor has any authority to | 6 |
| make or promulgate rules to implement or enforce the provisions | 7 |
| of this amendatory Act of the 95th General Assembly. If, | 8 |
| however, the Governor believes that rules are necessary to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly, the Governor may suggest rules to | 11 |
| the General Assembly by filing them with the Clerk of the House | 12 |
| and the Secretary of the Senate and by requesting that the | 13 |
| General Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this Section, "rules" is | 20 |
| given the meaning contained in Section 1-70 of the Illinois | 21 |
| Administrative Procedure Act, and "agency" and "agency head" | 22 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 23 |
| the Illinois Administrative Procedure Act to the extent that | 24 |
| such definitions apply to agencies or agency heads under the | 25 |
| jurisdiction of the Governor. | 26 |
| (Source: P.A. 94-156, eff. 7-8-05; 94-556, eff. 9-11-05; |
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| 95-331, eff. 8-21-07.)".
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