Full Text of HB1779 97th General Assembly
HB1779 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1779 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning statutory summary suspensions.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-501.1 as follows:
| 6 | | (625 ILCS 5/11-501.1)
| 7 | | (Text of Section before amendment by P.A. 96-1344 ) | 8 | | Sec. 11-501.1. Suspension of drivers license; statutory | 9 | | summary
alcohol, other drug or drugs, or intoxicating compound | 10 | | or
compounds related suspension; implied consent.
| 11 | | (a) Any person who drives or is in actual physical control | 12 | | of a motor
vehicle upon the
the public highways of this State | 13 | | shall be deemed to have given
consent, subject to the | 14 | | provisions of Section 11-501.2, to a chemical test or
tests of | 15 | | blood, breath, or urine for the purpose of determining the | 16 | | content of
alcohol, other drug or drugs, or intoxicating | 17 | | compound or compounds or
any combination thereof in the | 18 | | person's blood if arrested,
as evidenced by the issuance of a | 19 | | Uniform Traffic Ticket, for any offense
as defined in Section | 20 | | 11-501 or a similar provision of a local ordinance, or if | 21 | | arrested for violating Section 11-401.
The test or tests shall | 22 | | be administered at the direction of the arresting
officer. The | 23 | | law enforcement agency employing the officer shall designate |
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| 1 | | which
of the aforesaid tests shall be administered. A urine | 2 | | test may be administered
even after a blood or breath test or | 3 | | both has
been administered. For purposes of this Section, an | 4 | | Illinois law
enforcement officer of this State who is | 5 | | investigating the person for any
offense defined in Section | 6 | | 11-501 may travel into an adjoining state, where
the person has | 7 | | been transported for medical care, to complete an
investigation | 8 | | and to request that the person submit to the test or tests
set | 9 | | forth in this Section. The requirements of this Section that | 10 | | the
person be arrested are inapplicable, but the officer shall | 11 | | issue the person
a Uniform Traffic Ticket for an offense as | 12 | | defined in Section 11-501 or a
similar provision of a local | 13 | | ordinance prior to requesting that the person
submit to the | 14 | | test or tests. The issuance of the Uniform Traffic Ticket
shall | 15 | | not constitute an arrest, but shall be for the purpose of | 16 | | notifying
the person that he or she is subject to the | 17 | | provisions of this Section and
of the officer's belief of the | 18 | | existence of probable cause to
arrest. Upon returning to this | 19 | | State, the officer shall file the Uniform
Traffic Ticket with | 20 | | the Circuit Clerk of the county where the offense was
| 21 | | committed, and shall seek the issuance of an arrest warrant or | 22 | | a summons
for the person. | 23 | | (b) Any person who is dead, unconscious, or who is | 24 | | otherwise in a condition
rendering the person incapable of | 25 | | refusal, shall be deemed not to have
withdrawn the consent | 26 | | provided by paragraph (a) of this Section and the test or
tests |
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| 1 | | may be administered, subject to the provisions of Section | 2 | | 11-501.2.
| 3 | | (c) A person requested to submit to a test as provided | 4 | | above shall
be warned by the law enforcement officer requesting | 5 | | the test that a
refusal to submit to the test will result in | 6 | | the statutory summary
suspension of the person's privilege to | 7 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 8 | | Code, and will also result in the disqualification of the | 9 | | person's privilege to operate a commercial motor vehicle, as | 10 | | provided in Section 6-514 of this Code, if the person is a CDL | 11 | | holder. The person shall also be warned by the law
enforcement | 12 | | officer that if the person submits to the test or tests
| 13 | | provided in paragraph (a) of this Section and the alcohol | 14 | | concentration in
the person's blood or breath is 0.08 or | 15 | | greater, or any amount of
a
drug, substance, or compound | 16 | | resulting from the unlawful use or consumption
of cannabis as | 17 | | covered by the Cannabis Control Act, a controlled
substance
| 18 | | listed in the Illinois Controlled Substances Act, an | 19 | | intoxicating compound
listed in the Use of Intoxicating | 20 | | Compounds Act, or methamphetamine as listed in the | 21 | | Methamphetamine Control and Community Protection Act is | 22 | | detected in the person's
blood or urine, a statutory summary | 23 | | suspension of the person's privilege to
operate a motor | 24 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 25 | | Code, and a disqualification of
the person's privilege to | 26 | | operate a commercial motor vehicle, as provided in Section |
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| 1 | | 6-514 of this Code, if the person is a CDL holder, will be | 2 | | imposed.
| 3 | | A person who is under the age of 21 at the time the person | 4 | | is requested to
submit to a test as provided above shall, in | 5 | | addition to the warnings provided
for in this Section, be | 6 | | further warned by the law enforcement officer
requesting the | 7 | | test that if the person submits to the test or tests provided | 8 | | in
paragraph (a) of this Section and the alcohol concentration | 9 | | in the person's
blood or breath is greater than 0.00 and less | 10 | | than 0.08, a
suspension of the
person's privilege to operate a | 11 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 12 | | of this Code, will be imposed. The results of this test
shall | 13 | | be admissible in a civil or criminal action or proceeding | 14 | | arising from an
arrest for an offense as defined in Section | 15 | | 11-501 of this Code or a similar
provision of a local ordinance | 16 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 17 | | homicide brought under the Criminal Code of 1961. These test
| 18 | | results, however, shall be admissible only in actions or | 19 | | proceedings directly
related to the incident upon which the | 20 | | test request was made.
| 21 | | (d) If the person refuses testing or submits to a test that | 22 | | discloses
an alcohol concentration of 0.08 or more, or any | 23 | | amount of a drug,
substance, or intoxicating compound in the | 24 | | person's breath, blood,
or urine resulting from the
unlawful | 25 | | use or consumption of cannabis listed in the Cannabis Control | 26 | | Act, a controlled substance listed in the Illinois Controlled |
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| 1 | | Substances
Act, an intoxicating compound listed in the Use of | 2 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 3 | | Methamphetamine Control and Community Protection Act, the law | 4 | | enforcement officer shall immediately submit a sworn report to
| 5 | | the
circuit court of venue and the Secretary of State, | 6 | | certifying that the test or
tests was or were requested under | 7 | | paragraph (a) and the person refused to
submit to a test, or | 8 | | tests, or submitted to testing that disclosed an alcohol
| 9 | | concentration of 0.08 or more.
| 10 | | (e) Upon receipt of the sworn report of a law enforcement | 11 | | officer
submitted under paragraph (d), the Secretary of State | 12 | | shall enter the
statutory summary suspension and | 13 | | disqualification for the periods specified in Sections
6-208.1 | 14 | | and 6-514, respectively,
and effective as provided in paragraph | 15 | | (g).
| 16 | | If the person is a first offender as defined in Section | 17 | | 11-500 of this
Code, and is not convicted of a violation of | 18 | | Section 11-501
of this Code or a similar provision of a local | 19 | | ordinance, then reports
received by the Secretary of State | 20 | | under this Section shall, except during
the actual time the | 21 | | Statutory Summary Suspension is in effect, be
privileged | 22 | | information and for use only by the courts, police officers,
| 23 | | prosecuting authorities or the Secretary of State, unless the | 24 | | person is a CDL holder, is operating a commercial motor vehicle | 25 | | or vehicle required to be placarded for hazardous materials, in | 26 | | which case the suspension shall not be privileged.
Reports |
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| 1 | | received by the Secretary of State under this Section shall | 2 | | also be made available to the parent or guardian of a person | 3 | | under the age of 18 years that holds an instruction permit or a | 4 | | graduated driver's license, regardless of whether the | 5 | | statutory summary suspension is in effect.
| 6 | | (f) The law enforcement officer submitting the sworn report | 7 | | under paragraph
(d) shall serve immediate notice of the | 8 | | statutory summary suspension on the
person and the suspension | 9 | | and disqualification shall be effective as provided in | 10 | | paragraph (g). In
cases where the blood alcohol concentration | 11 | | of 0.08 or greater or
any amount of
a drug, substance, or | 12 | | compound resulting from the unlawful use or consumption
of | 13 | | cannabis as covered by the Cannabis Control Act, a controlled
| 14 | | substance
listed in the Illinois Controlled Substances Act,
an | 15 | | intoxicating compound
listed in the Use of Intoxicating | 16 | | Compounds Act, or methamphetamine as listed in the | 17 | | Methamphetamine Control and Community Protection Act is | 18 | | established by a
subsequent
analysis of blood or urine | 19 | | collected at the time of arrest, the arresting
officer or | 20 | | arresting agency shall give notice as provided in this Section | 21 | | or by
deposit in the United States mail of the notice in an | 22 | | envelope with postage
prepaid and addressed to the person at | 23 | | his address as shown on the Uniform
Traffic Ticket and the | 24 | | statutory summary suspension and disqualification shall begin | 25 | | as provided in
paragraph (g). The officer shall confiscate any | 26 | | Illinois driver's license or
permit on the person at the time |
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| 1 | | of arrest. If the person has a valid driver's
license or | 2 | | permit, the officer shall issue the person a receipt, in
a form | 3 | | prescribed by the Secretary of State, that will allow that | 4 | | person
to drive during the periods provided for in paragraph | 5 | | (g). The officer
shall immediately forward the driver's license | 6 | | or permit to the circuit
court of venue along with the sworn | 7 | | report provided for in
paragraph (d).
| 8 | | (g) The statutory summary suspension and disqualification
| 9 | | referred to in this Section shall
take effect on the 46th day | 10 | | following the date the notice of the statutory
summary | 11 | | suspension was given to the person.
| 12 | | (h) The following procedure shall apply
whenever a person | 13 | | is arrested for any offense as defined in Section 11-501
or a | 14 | | similar provision of a local ordinance:
| 15 | | Upon receipt of the sworn report from the law enforcement | 16 | | officer,
the Secretary of State shall confirm the statutory | 17 | | summary suspension by
mailing a notice of the effective date of | 18 | | the suspension to the person and
the court of venue. The | 19 | | Secretary of State shall also mail notice of the effective date | 20 | | of the disqualification to the person. However, should the | 21 | | sworn report be defective by not
containing sufficient | 22 | | information or be completed in error, the
confirmation of the | 23 | | statutory summary suspension shall not be mailed to the
person | 24 | | or entered to the record; instead, the sworn report shall
be
| 25 | | forwarded to the court of venue with a copy returned to the | 26 | | issuing agency
identifying any defect.
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| 1 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 2 | | 95-876, eff. 8-21-08; 96-1080, eff. 7-16-10.) | 3 | | (Text of Section after amendment by P.A. 96-1344 )
| 4 | | Sec. 11-501.1. Suspension of drivers license; statutory | 5 | | summary
alcohol, other drug or drugs, or intoxicating compound | 6 | | or
compounds related suspension or revocation; implied | 7 | | consent. | 8 | | (a) Any person who drives or is in actual physical control | 9 | | of a motor
vehicle upon the the public highways of this State | 10 | | shall be deemed to have given
consent, subject to the | 11 | | provisions of Section 11-501.2, to a chemical test or
tests of | 12 | | blood, breath, or urine for the purpose of determining the | 13 | | content of
alcohol, other drug or drugs, or intoxicating | 14 | | compound or compounds or
any combination thereof in the | 15 | | person's blood if arrested,
as evidenced by the issuance of a | 16 | | Uniform Traffic Ticket, for any offense
as defined in Section | 17 | | 11-501 or a similar provision of a local ordinance, or if | 18 | | arrested for violating Section 11-401.
The test or tests shall | 19 | | be administered at the direction of the arresting
officer. The | 20 | | law enforcement agency employing the officer shall designate | 21 | | which
of the aforesaid tests shall be administered. A urine | 22 | | test may be administered
even after a blood or breath test or | 23 | | both has
been administered. For purposes of this Section, an | 24 | | Illinois law
enforcement officer of this State who is | 25 | | investigating the person for any
offense defined in Section |
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| 1 | | 11-501 may travel into an adjoining state, where
the person has | 2 | | been transported for medical care, to complete an
investigation | 3 | | and to request that the person submit to the test or tests
set | 4 | | forth in this Section. The requirements of this Section that | 5 | | the
person be arrested are inapplicable, but the officer shall | 6 | | issue the person
a Uniform Traffic Ticket for an offense as | 7 | | defined in Section 11-501 or a
similar provision of a local | 8 | | ordinance prior to requesting that the person
submit to the | 9 | | test or tests. The issuance of the Uniform Traffic Ticket
shall | 10 | | not constitute an arrest, but shall be for the purpose of | 11 | | notifying
the person that he or she is subject to the | 12 | | provisions of this Section and
of the officer's belief of the | 13 | | existence of probable cause to
arrest. Upon returning to this | 14 | | State, the officer shall file the Uniform
Traffic Ticket with | 15 | | the Circuit Clerk of the county where the offense was
| 16 | | committed, and shall seek the issuance of an arrest warrant or | 17 | | a summons
for the person. | 18 | | (b) Any person who is dead, unconscious, or who is | 19 | | otherwise in a condition
rendering the person incapable of | 20 | | refusal, shall be deemed not to have
withdrawn the consent | 21 | | provided by paragraph (a) of this Section and the test or
tests | 22 | | may be administered, subject to the provisions of Section | 23 | | 11-501.2. | 24 | | (c) A person requested to submit to a test as provided | 25 | | above shall
be warned by the law enforcement officer requesting | 26 | | the test that a
refusal to submit to the test will result in |
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| 1 | | the statutory summary
suspension of the person's privilege to | 2 | | operate a motor vehicle, as provided
in Section 6-208.1 of this | 3 | | Code, and will also result in the disqualification of the | 4 | | person's privilege to operate a commercial motor vehicle, as | 5 | | provided in Section 6-514 of this Code, if the person is a CDL | 6 | | holder. The person shall also be warned that a refusal to | 7 | | submit to the test, when the person was involved in a motor | 8 | | vehicle accident that caused personal injury or death to | 9 | | another, will result in the statutory summary revocation of the | 10 | | person's privilege to operate a motor vehicle, as provided in | 11 | | Section 6-208.1, and will also result in the disqualification | 12 | | of the person's privilege to operate a commercial motor | 13 | | vehicle, as provided in Section 6-514 of this Code, if the | 14 | | person is a CDL holder. The person shall also be warned by the | 15 | | law
enforcement officer that if the person submits to the test | 16 | | or tests
provided in paragraph (a) of this Section and the | 17 | | alcohol concentration in
the person's blood or breath is 0.08 | 18 | | or greater, or any amount of
a
drug, substance, or compound | 19 | | resulting from the unlawful use or consumption
of cannabis as | 20 | | covered by the Cannabis Control Act, a controlled
substance
| 21 | | listed in the Illinois Controlled Substances Act, an | 22 | | intoxicating compound
listed in the Use of Intoxicating | 23 | | Compounds Act, or methamphetamine as listed in the | 24 | | Methamphetamine Control and Community Protection Act is | 25 | | detected in the person's
blood or urine, a statutory summary | 26 | | suspension of the person's privilege to
operate a motor |
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| 1 | | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| 2 | | Code, and a disqualification of
the person's privilege to | 3 | | operate a commercial motor vehicle, as provided in Section | 4 | | 6-514 of this Code, if the person is a CDL holder, will be | 5 | | imposed. | 6 | | A person who is under the age of 21 at the time the person | 7 | | is requested to
submit to a test as provided above shall, in | 8 | | addition to the warnings provided
for in this Section, be | 9 | | further warned by the law enforcement officer
requesting the | 10 | | test that if the person submits to the test or tests provided | 11 | | in
paragraph (a) of this Section and the alcohol concentration | 12 | | in the person's
blood or breath is greater than 0.00 and less | 13 | | than 0.08, a
suspension of the
person's privilege to operate a | 14 | | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | 15 | | of this Code, will be imposed. The results of this test
shall | 16 | | be admissible in a civil or criminal action or proceeding | 17 | | arising from an
arrest for an offense as defined in Section | 18 | | 11-501 of this Code or a similar
provision of a local ordinance | 19 | | or pursuant to Section 11-501.4 in prosecutions
for reckless | 20 | | homicide brought under the Criminal Code of 1961. These test
| 21 | | results, however, shall be admissible only in actions or | 22 | | proceedings directly
related to the incident upon which the | 23 | | test request was made. | 24 | | (d) If the person refuses testing or submits to a test that | 25 | | discloses
an alcohol concentration of 0.08 or more, or any | 26 | | amount of a drug,
substance, or intoxicating compound in the |
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| 1 | | person's breath, blood,
or urine resulting from the
unlawful | 2 | | use or consumption of cannabis listed in the Cannabis Control | 3 | | Act, a controlled substance listed in the Illinois Controlled | 4 | | Substances
Act, an intoxicating compound listed in the Use of | 5 | | Intoxicating Compounds
Act, or methamphetamine as listed in the | 6 | | Methamphetamine Control and Community Protection Act, the law | 7 | | enforcement officer shall immediately submit a sworn report to
| 8 | | the
circuit court of venue and the Secretary of State, | 9 | | certifying that the test or
tests was or were requested under | 10 | | paragraph (a) and the person refused to
submit to a test, or | 11 | | tests, or submitted to testing that disclosed an alcohol
| 12 | | concentration of 0.08 or more. | 13 | | (e) Upon receipt of the sworn report of a law enforcement | 14 | | officer
submitted under paragraph (d), the Secretary of State | 15 | | shall enter the
statutory summary suspension or revocation and | 16 | | disqualification for the periods specified in Sections
6-208.1 | 17 | | and 6-514, respectively,
and effective as provided in paragraph | 18 | | (g). | 19 | | If the person is a first offender as defined in Section | 20 | | 11-500 of this
Code, and is not convicted of a violation of | 21 | | Section 11-501
of this Code or a similar provision of a local | 22 | | ordinance, then reports
received by the Secretary of State | 23 | | under this Section shall, except during
the actual time the | 24 | | Statutory Summary Suspension is in effect, be
privileged | 25 | | information and for use only by the courts, police officers,
| 26 | | prosecuting authorities or the Secretary of State, unless the |
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| 1 | | person is a CDL holder, is operating a commercial motor vehicle | 2 | | or vehicle required to be placarded for hazardous materials, in | 3 | | which case the suspension shall not be privileged. Reports | 4 | | received by the Secretary of State under this Section shall | 5 | | also be made available to the parent or guardian of a person | 6 | | under the age of 18 years that holds an instruction permit or a | 7 | | graduated driver's license, regardless of whether the | 8 | | statutory summary suspension is in effect. A statutory summary | 9 | | revocation shall not be privileged information. | 10 | | (f) The law enforcement officer submitting the sworn report | 11 | | under paragraph
(d) shall serve immediate notice of the | 12 | | statutory summary suspension or revocation on the
person and | 13 | | the suspension or revocation and disqualification shall be | 14 | | effective as provided in paragraph (g). In
cases where the | 15 | | blood alcohol concentration of 0.08 or greater or
any amount of
| 16 | | a drug, substance, or compound resulting from the unlawful use | 17 | | or consumption
of cannabis as covered by the Cannabis Control | 18 | | Act, a controlled
substance
listed in the Illinois Controlled | 19 | | Substances Act,
an intoxicating compound
listed in the Use of | 20 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 21 | | Methamphetamine Control and Community Protection Act is | 22 | | established by a
subsequent
analysis of blood or urine | 23 | | collected at the time of arrest, the arresting
officer or | 24 | | arresting agency shall give notice as provided in this Section | 25 | | or by
deposit in the United States mail of the notice in an | 26 | | envelope with postage
prepaid and addressed to the person at |
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| 1 | | his address as shown on the Uniform
Traffic Ticket and the | 2 | | statutory summary suspension and disqualification shall begin | 3 | | as provided in
paragraph (g). The officer shall confiscate any | 4 | | Illinois driver's license or
permit on the person at the time | 5 | | of arrest. If the person has a valid driver's
license or | 6 | | permit, the officer shall issue the person a receipt, in
a form | 7 | | prescribed by the Secretary of State, that will allow that | 8 | | person
to drive during the periods provided for in paragraph | 9 | | (g). The officer
shall immediately forward the driver's license | 10 | | or permit to the circuit
court of venue along with the sworn | 11 | | report provided for in
paragraph (d). | 12 | | (g) The statutory summary suspension or revocation and | 13 | | disqualification
referred to in this Section shall
take effect | 14 | | on the 46th day following the date the notice of the statutory
| 15 | | summary suspension or revocation was given to the person. | 16 | | (h) The following procedure shall apply
whenever a person | 17 | | is arrested for any offense as defined in Section 11-501
or a | 18 | | similar provision of a local ordinance: | 19 | | Upon receipt of the sworn report from the law enforcement | 20 | | officer,
the Secretary of State shall confirm the statutory | 21 | | summary suspension or revocation by
mailing a notice of the | 22 | | effective date of the suspension or revocation to the person | 23 | | and
the court of venue. The Secretary of State shall also mail | 24 | | notice of the effective date of the disqualification to the | 25 | | person. However, should the sworn report be defective by not
| 26 | | containing sufficient information or be completed in error, the
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| 1 | | confirmation of the statutory summary suspension or revocation | 2 | | shall not be mailed to the
person or entered to the record; | 3 | | instead, the sworn report shall
be
forwarded to the court of | 4 | | venue with a copy returned to the issuing agency
identifying | 5 | | any defect. | 6 | | (i) As used in this Section, "personal injury" includes any | 7 | | Type A injury as indicated on the traffic accident report | 8 | | completed by a law enforcement officer that requires immediate | 9 | | professional attention in either a doctor's office or a medical | 10 | | facility. A Type A injury includes severely bleeding wounds, | 11 | | distorted extremities, and injuries that require the injured | 12 | | party to be carried from the scene. | 13 | | (Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | 14 | | 95-876, eff. 8-21-08; 96-1080, eff. 7-16-10; 96-1344, eff. | 15 | | 7-1-11; revised 9-2-10.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act. |
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