Full Text of SB0567 99th General Assembly
SB0567ham001 99TH GENERAL ASSEMBLY | Rep. Esther Golar Filed: 5/12/2015
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| 1 | | AMENDMENT TO SENATE BILL 567
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 567 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 2-103, 7-109.1, and 7A-102 as follows:
| 6 | | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| 7 | | Sec. 2-103. Arrest Record.
| 8 | | (A) Unless otherwise authorized by law,
it is a civil | 9 | | rights violation for any
employer, employment agency or labor | 10 | | organization to inquire
into or to use the fact of an arrest or | 11 | | criminal history
record information
ordered expunged, sealed | 12 | | or impounded under Section 5.2 of the Criminal
Identification | 13 | | Act as a basis to
refuse to hire, to segregate, or to act
with | 14 | | respect to recruitment, hiring, promotion, renewal of | 15 | | employment,
selection for training or apprenticeship, | 16 | | discharge, discipline, tenure or
terms, privileges or |
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| 1 | | conditions of employment. This Section
does not prohibit a | 2 | | State agency, unit of local government or school
district, or | 3 | | private organization from requesting or utilizing sealed | 4 | | felony
conviction information obtained from the Department of | 5 | | State Police under
the provisions of Section 3 of the
Criminal | 6 | | Identification Act or under other State or federal laws or | 7 | | regulations that require criminal background checks in | 8 | | evaluating the qualifications
and character of an employee or a | 9 | | prospective employee.
| 10 | | (B) The prohibition against the use of the fact of an | 11 | | arrest contained in
this Section shall not be construed to | 12 | | prohibit an employer, employment agency,
or labor organization | 13 | | from obtaining or using other information which indicates
that | 14 | | a person actually engaged in the conduct for which he or she | 15 | | was
arrested. | 16 | | (C) It is a civil rights violation for any employer, | 17 | | employment agency, or labor organization to take criminal | 18 | | background information into account in making adverse | 19 | | employment decisions if doing so has a disparate impact with | 20 | | respect to any of the characteristics listed in item (Q) of | 21 | | Section 1-103 of this Act. It shall, however, be a defense to a | 22 | | claim of a violation of this subsection that the employment | 23 | | decision is job-related and consistent with business | 24 | | necessity. This subsection (C) does not apply to employment | 25 | | positions for which employers are required to exclude | 26 | | applicants with certain criminal convictions from employment |
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| 1 | | due to federal or State law.
| 2 | | (Source: P.A. 96-409, eff. 1-1-10.)
| 3 | | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| 4 | | Sec. 7-109.1. Federal or State Court Proceedings. The | 5 | | Department may
administratively close a charge pending before | 6 | | the Department if the issues
which are the basis of the charge | 7 | | are being litigated in a State or federal
court proceeding. For | 8 | | charges under Article 7A, the Department shall | 9 | | administratively close a charge pending before the Department | 10 | | if the issues that are the basis of the charge are being | 11 | | litigated in another venue.
| 12 | | (Source: P.A. 86-1343.)
| 13 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 14 | | Sec. 7A-102. Procedures.
| 15 | | (A) Charge.
| 16 | | (1) Within 180 days after the
date that a civil rights | 17 | | violation allegedly has been committed, a
charge in writing | 18 | | under oath or affirmation may be filed with the
Department | 19 | | by an aggrieved party or issued by the Department itself
| 20 | | under the signature of the Director.
| 21 | | (2) The charge shall be in such detail as to | 22 | | substantially apprise
any party properly concerned as to | 23 | | the time, place, and facts
surrounding the alleged civil | 24 | | rights violation.
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| 1 | | (3) Charges deemed filed with the Department pursuant | 2 | | to subsection (A-1) of this Section shall be deemed to be | 3 | | in compliance with this subsection. | 4 | | (A-1) Equal Employment Opportunity Commission Charges. | 5 | | (1) If a charge is filed with the Equal Employment | 6 | | Opportunity Commission (EEOC) within 180 days after the | 7 | | date of the alleged civil rights violation, the charge | 8 | | shall be deemed filed with the Department on the date filed | 9 | | with the EEOC. If the EEOC is the governmental agency | 10 | | designated to investigate the charge first, the Department | 11 | | shall take no action until the EEOC makes a determination | 12 | | on the charge and after the complainant notifies the | 13 | | Department of the EEOC's determination. In such cases, | 14 | | after receiving notice from the EEOC that a charge was | 15 | | filed, the Department shall notify the parties that (i) a | 16 | | charge has been received by the EEOC and has been sent to | 17 | | the Department for dual filing purposes; (ii) the EEOC is | 18 | | the governmental agency responsible for investigating the | 19 | | charge and that the investigation shall be conducted | 20 | | pursuant to the rules and procedures adopted by the EEOC; | 21 | | (iii) it will take no action on the charge until the EEOC | 22 | | issues its determination; (iv) the complainant must submit | 23 | | a copy of the EEOC's determination within 30 days after | 24 | | service of the determination by the EEOC on complainant; | 25 | | and (v) that the time period to investigate the charge | 26 | | contained in subsection (G) of this Section is tolled from |
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| 1 | | the date on which the charge is filed with the EEOC until | 2 | | the EEOC issues its determination. | 3 | | (2) If the EEOC finds reasonable cause to believe that | 4 | | there has been a violation of federal law and if the | 5 | | Department is timely notified of the EEOC's findings by | 6 | | complainant, the Department shall notify complainant that | 7 | | the Department has adopted the EEOC's determination of | 8 | | reasonable cause and that complainant has the right, within | 9 | | 90 days after receipt of the Department's notice, to either | 10 | | file his or her own complaint with the Illinois Human | 11 | | Rights Commission or commence a civil action in the | 12 | | appropriate circuit court or other appropriate court of | 13 | | competent jurisdiction. The Department's notice to | 14 | | complainant that the Department has adopted the EEOC's | 15 | | determination of reasonable cause shall constitute the | 16 | | Department's Report for purposes of subparagraph (D) of | 17 | | this Section. | 18 | | (3) For those charges alleging violations within the | 19 | | jurisdiction of both the EEOC and the Department and for | 20 | | which the EEOC either (i) does not issue a determination, | 21 | | but does issue the complainant a notice of a right to sue, | 22 | | including when the right to sue is issued at the request of | 23 | | the complainant, or (ii) determines that it is unable to | 24 | | establish that illegal discrimination has occurred and | 25 | | issues the complainant a right to sue notice, and if the | 26 | | Department is timely notified of the EEOC's determination |
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| 1 | | by complainant, the Department shall notify the parties | 2 | | that the Department will adopt the EEOC's determination as | 3 | | a dismissal for lack of substantial evidence unless the | 4 | | complainant requests in writing within 35 days after | 5 | | receipt of the Department's notice that the Department | 6 | | review the EEOC's determination. | 7 | | (a) If the complainant does not file a written | 8 | | request with the Department to review the EEOC's | 9 | | determination within 35 days after receipt of the | 10 | | Department's notice, the Department shall notify | 11 | | complainant that the decision of the EEOC has been | 12 | | adopted by the Department as a dismissal for lack of | 13 | | substantial evidence and that the complainant has the | 14 | | right, within 90 days after receipt of the Department's | 15 | | notice, to commence a civil action in the appropriate | 16 | | circuit court or other appropriate court of competent | 17 | | jurisdiction. The Department's notice to complainant | 18 | | that the Department has adopted the EEOC's | 19 | | determination shall constitute the Department's report | 20 | | for purposes of subparagraph (D) of this Section. | 21 | | (b) If the complainant does file a written request | 22 | | with the Department to review the EEOC's | 23 | | determination, the Department shall review the EEOC's | 24 | | determination and any evidence obtained by the EEOC | 25 | | during its investigation. If, after reviewing the | 26 | | EEOC's determination and any evidence obtained by the |
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| 1 | | EEOC, the Department determines there is no need for | 2 | | further investigation of the charge, the Department | 3 | | shall issue a report and the Director shall determine | 4 | | whether there is substantial evidence that the alleged | 5 | | civil rights violation has been committed pursuant to | 6 | | subsection (D) of Section 7A-102. If, after reviewing | 7 | | the EEOC's determination and any evidence obtained by | 8 | | the EEOC, the Department determines there is a need for | 9 | | further investigation of the charge, the Department | 10 | | may conduct any further investigation it deems | 11 | | necessary. After reviewing the EEOC's determination, | 12 | | the evidence obtained by the EEOC, and any additional | 13 | | investigation conducted by the Department, the | 14 | | Department shall issue a report and the Director shall | 15 | | determine whether there is substantial evidence that | 16 | | the alleged civil rights violation has been committed | 17 | | pursuant to subsection (D) of Section 7A-102 of this | 18 | | Act. | 19 | | (4) Pursuant to this Section, if the EEOC dismisses the | 20 | | charge or a portion of the charge of discrimination | 21 | | because, under federal law, the EEOC lacks jurisdiction | 22 | | over the charge, and if, under this Act, the Department has | 23 | | jurisdiction over the charge of discrimination, the | 24 | | Department shall investigate the charge or portion of the | 25 | | charge dismissed by the EEOC for lack of jurisdiction | 26 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), |
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| 1 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 2 | | this Act. | 3 | | (5) The time limit set out in subsection (G) of this | 4 | | Section is tolled from the date on which the charge is | 5 | | filed with the EEOC to the date on which the EEOC issues | 6 | | its determination.
| 7 | | (B) Notice and Response to Charge.
The Department shall, | 8 | | within 10
days of the date on which the charge
was filed, serve | 9 | | a copy of the charge on the respondent. This period shall
not | 10 | | be construed to be jurisdictional. The charging party and the | 11 | | respondent
may each file a position statement and other | 12 | | materials with the Department
regarding the charge of alleged | 13 | | discrimination within 60 days of receipt of the
notice of the | 14 | | charge. The position statements and other materials filed shall
| 15 | | remain confidential unless otherwise agreed to by the party | 16 | | providing the
information and shall not be served on or made | 17 | | available to the other
party during pendency
of a charge with | 18 | | the Department. The Department
shall
require the respondent to | 19 | | file a verified response to
the allegations contained in the | 20 | | charge within 60 days of receipt of the
notice of the
charge. | 21 | | The respondent shall serve a copy
of its response on the
| 22 | | complainant or his representative. All allegations contained | 23 | | in the charge
not timely denied by the respondent shall be | 24 | | deemed admitted, unless the
respondent states that it is | 25 | | without sufficient information to
form a belief with respect to | 26 | | such allegation. The Department may issue
a notice of default |
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| 1 | | directed to any respondent who fails to file a
verified | 2 | | response to a charge within 60 days of receipt of the
notice of | 3 | | the charge,
unless the respondent can
demonstrate good cause as
| 4 | | to why such notice should not issue. The term "good cause" | 5 | | shall be defined by rule promulgated by the Department. Within | 6 | | 30 days of receipt
of the respondent's response, the | 7 | | complainant may file a
reply to
said response and
shall serve
a | 8 | | copy of said reply on the respondent or his representative. A | 9 | | party
shall have the right to supplement his response or reply | 10 | | at any time that
the investigation of the charge is pending. | 11 | | The Department shall,
within 10 days of the date on which the | 12 | | charge was filed,
and again no later than 335 days thereafter,
| 13 | | send by certified or registered mail written notice to the | 14 | | complainant
and to the respondent
informing the complainant
of | 15 | | the complainant's right to either file a complaint with the | 16 | | Human
Rights Commission or commence a civil action in the | 17 | | appropriate circuit court
under subparagraph (2) of paragraph | 18 | | (G), including in such notice the dates
within which the | 19 | | complainant may exercise this right.
In the notice the | 20 | | Department shall notify the complainant that the
charge of | 21 | | civil rights violation will be dismissed with prejudice and | 22 | | with no
right to further proceed if a written complaint is not | 23 | | timely filed with
the Commission or with the appropriate | 24 | | circuit court by the complainant pursuant to subparagraph (2) | 25 | | of paragraph (G)
or by the Department pursuant to subparagraph | 26 | | (1) of paragraph (G).
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| 1 | | (B-1) Mediation. The complainant and respondent may agree | 2 | | to voluntarily
submit the charge
to mediation without waiving | 3 | | any rights that are otherwise available to
either party | 4 | | pursuant to this Act and without incurring any obligation to
| 5 | | accept the result of the mediation process. Nothing occurring | 6 | | in mediation
shall
be disclosed by the Department or admissible | 7 | | in evidence in any subsequent
proceeding unless the complainant | 8 | | and the respondent agree in writing that such
disclosure be | 9 | | made.
| 10 | | (C) Investigation.
| 11 | | (1) After the respondent has been notified, the
| 12 | | Department shall conduct a full investigation of the | 13 | | allegations set
forth in the charge.
| 14 | | (2) The Director or his or her designated | 15 | | representatives shall have
authority to request any member | 16 | | of the Commission to issue subpoenas to
compel the | 17 | | attendance of a witness or the production for
examination | 18 | | of any books, records or documents whatsoever.
| 19 | | (3) If any witness whose testimony is required for any | 20 | | investigation
resides outside the State, or through | 21 | | illness or any other good cause as
determined by the | 22 | | Director is unable to be interviewed by the investigator
or | 23 | | appear at a fact finding conference, his or her testimony | 24 | | or deposition
may be taken, within or without the State, in | 25 | | the same manner as is
provided for in the taking of | 26 | | depositions in civil cases in circuit courts.
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| 1 | | (4) Upon reasonable notice to the complainant and the | 2 | | respondent,
the Department shall conduct a fact finding | 3 | | conference, unless prior to
365 days after the date on | 4 | | which the charge was filed the Director has determined | 5 | | whether there is substantial evidence
that the alleged | 6 | | civil rights violation has been committed, the charge has
| 7 | | been dismissed for lack of jurisdiction, or the parties | 8 | | voluntarily and in writing agree to waive the fact finding | 9 | | conference. Any party's failure to attend the conference | 10 | | without good cause
shall result in dismissal or default. | 11 | | The term "good cause"
shall
be defined by rule promulgated | 12 | | by the Department. A notice of dismissal or
default shall | 13 | | be issued by the Director. The notice of default issued by | 14 | | the Director shall notify the respondent that a request for | 15 | | review may be filed in writing with the Commission
within | 16 | | 30 days of receipt of notice of default. The notice of | 17 | | dismissal issued by the Director shall give
the complainant | 18 | | notice of his or her right to seek review of the dismissal
| 19 | | before the Human Rights Commission or commence a civil | 20 | | action in the
appropriate circuit court. If the complainant | 21 | | chooses to have the Human Rights Commission review the | 22 | | dismissal order, he or she shall file a request for review | 23 | | with the Commission within 90 days after receipt of the | 24 | | Director's notice. If the complainant chooses to file a | 25 | | request for review with the Commission, he or she may not | 26 | | later commence a civil action in a circuit court. If the |
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| 1 | | complainant chooses to commence a civil action in a circuit | 2 | | court, he or she must do so within 90 days after receipt of | 3 | | the Director's notice.
| 4 | | (D) Report.
| 5 | | (1) Each charge shall be the
subject of a
report to the | 6 | | Director. The report shall be a confidential document
| 7 | | subject to review by the Director, authorized Department | 8 | | employees, the
parties, and, where indicated by this Act, | 9 | | members of the Commission or
their designated hearing | 10 | | officers.
| 11 | | (2) Upon review of the report, the Director shall | 12 | | determine whether
there is substantial evidence that the | 13 | | alleged civil rights violation
has been committed.
The | 14 | | determination of substantial evidence is limited to | 15 | | determining the need
for further consideration of the | 16 | | charge pursuant to this Act
and includes, but is not | 17 | | limited to, findings of fact and conclusions, as well
as | 18 | | the reasons for the determinations on all material issues. | 19 | | Substantial evidence is evidence which a reasonable mind | 20 | | accepts
as sufficient to support a particular conclusion | 21 | | and which consists of more
than a mere scintilla but may be | 22 | | somewhat less than a preponderance.
| 23 | | (3) If the Director determines
that there is no | 24 | | substantial
evidence, the charge shall be dismissed by | 25 | | order of the
Director and the Director shall give the
| 26 | | complainant notice of his or her right to seek review of |
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| 1 | | the dismissal order before the
Commission or commence a | 2 | | civil action in the appropriate circuit court. If the | 3 | | complainant chooses to have the Human Rights Commission | 4 | | review the dismissal order, he or she shall file a request | 5 | | for review with the Commission within 90 days after receipt | 6 | | of the Director's notice. If the complainant chooses to | 7 | | file a request for review with the Commission, he or she | 8 | | may not later commence a civil action in a circuit court. | 9 | | If the complainant chooses to commence a civil action in a | 10 | | circuit court, he or she must do so within 90 days after | 11 | | receipt of the Director's notice.
| 12 | | (4) If the Director determines that there is | 13 | | substantial evidence, he or she shall notify the | 14 | | complainant and respondent of that determination. The | 15 | | Director shall also notify the parties that the complainant | 16 | | has the right to either commence a civil action in the | 17 | | appropriate circuit court or request that the Department of | 18 | | Human Rights file a complaint with the Human Rights | 19 | | Commission on his or her behalf. Any such complaint shall | 20 | | be filed within 90 days after receipt of the Director's | 21 | | notice. If the complainant chooses to have the Department | 22 | | file a complaint with the Human Rights Commission on his or | 23 | | her behalf, the complainant must, within 30 days after | 24 | | receipt of the Director's notice, request in writing that | 25 | | the Department file the complaint. If the complainant | 26 | | timely requests that the Department file the complaint, the |
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| 1 | | Department shall file the complaint on his or her behalf. | 2 | | If the complainant fails to timely request that the | 3 | | Department file the complaint, the complainant may file his | 4 | | or her complaint with the Commission or commence a civil | 5 | | action in the appropriate circuit court.
If the complainant | 6 | | files a complaint with
the Human Rights Commission, the | 7 | | complainant shall give notice to the
Department of the | 8 | | filing of the complaint with the Human Rights Commission. | 9 | | (E) Conciliation.
| 10 | |
(1) When there is a finding of substantial evidence, | 11 | | the Department may designate a Department employee who is | 12 | | an attorney
licensed to practice in Illinois to endeavor to | 13 | | eliminate the effect of
the alleged civil rights violation | 14 | | and to prevent its repetition by
means of conference and | 15 | | conciliation.
| 16 | | (2) When the Department determines that a formal
| 17 | | conciliation conference is necessary, the complainant and | 18 | | respondent
shall be notified of the time and place of the | 19 | | conference by registered
or certified mail at least 10 days | 20 | | prior thereto and either or both
parties shall appear at | 21 | | the conference in person or by attorney.
| 22 | | (3) The place fixed for the conference shall be within | 23 | | 35 miles of
the place where the civil rights violation is | 24 | | alleged to have been
committed.
| 25 | | (4) Nothing occurring at the conference shall be | 26 | | disclosed by the
Department unless
the complainant and |
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| 1 | | respondent agree in writing that
such disclosure be made.
| 2 | | (5) The Department's efforts to conciliate the matter | 3 | | shall not stay or extend the time for filing the complaint | 4 | | with the Commission or the circuit court.
| 5 | | (F) Complaint.
| 6 | | (1) When the complainant requests that the Department | 7 | | file a complaint with the Commission on his or her behalf, | 8 | | the Department shall prepare a
written complaint, under | 9 | | oath or affirmation, stating the nature of the
civil rights | 10 | | violation substantially as alleged in the charge | 11 | | previously
filed and the relief sought on behalf of the | 12 | | aggrieved party. The Department shall file the complaint | 13 | | with the Commission.
| 14 | | (2) If the complainant chooses to commence a civil | 15 | | action in a circuit court, he or she must do so in the | 16 | | circuit court in the county wherein the civil rights | 17 | | violation was allegedly committed. The form of the | 18 | | complaint in any such civil action shall be in accordance | 19 | | with the Illinois Code of Civil Procedure.
| 20 | | (G) Time Limit.
| 21 | | (1) When a charge of a civil rights violation has been
| 22 | | properly filed, the Department, within 365
days thereof or | 23 | | within any
extension of that period agreed to in writing by | 24 | | all parties, shall issue its report as required by | 25 | | subparagraph (D). Any such report
shall be duly served upon | 26 | | both the complainant and the respondent.
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| 1 | | (2) If the Department has not issued its report within | 2 | | 365 days after the charge is filed, or any such longer | 3 | | period agreed to in writing by all the parties, the | 4 | | complainant shall have 90 days to either file his or her | 5 | | own complaint with the Human Rights Commission or commence | 6 | | a civil action in the appropriate circuit court. If the | 7 | | complainant files a complaint with the Commission, the form | 8 | | of the complaint shall be in accordance with the provisions | 9 | | of
paragraph (F)(1). If the complainant commences a civil | 10 | | action in a circuit court, the form of the complaint shall | 11 | | be in accordance with the Illinois Code of Civil Procedure. | 12 | | The aggrieved party shall notify the Department that a
| 13 | | complaint
has been filed and shall serve a copy of the | 14 | | complaint on the Department
on the same date that the | 15 | | complaint is filed with the Commission or in circuit court. | 16 | | If the complainant files a complaint with the Commission, | 17 | | he or she may not later commence a civil action in circuit | 18 | | court.
| 19 | | (3) If an aggrieved party files a complaint
with the
| 20 | | Human Rights Commission or commences a civil action in | 21 | | circuit court pursuant to paragraph (2) of this subsection, | 22 | | or if
the time period for filing a complaint has expired, | 23 | | the
Department shall immediately cease its investigation | 24 | | and
dismiss the charge of civil rights violation.
Any final | 25 | | order entered by the Commission under this Section is
| 26 | | appealable in accordance with paragraph (B)(1) of Section |
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| 1 | | 8-111.
Failure to immediately cease an investigation and | 2 | | dismiss the charge of civil
rights violation as provided in | 3 | | this paragraph
(3) constitutes grounds for entry of an | 4 | | order by the circuit court permanently
enjoining the
| 5 | | investigation. The Department may also be liable for any
| 6 | | costs and other damages incurred by the respondent as a | 7 | | result of the action of
the Department.
| 8 | | (4) (Blank). The Department shall stay any | 9 | | administrative proceedings
under this Section after the | 10 | | filing of a civil action by or on behalf of the
aggrieved | 11 | | party under any federal or State law seeking relief with | 12 | | respect to
the
alleged civil rights violation.
| 13 | | (H) This amendatory Act of 1995 applies to causes of action | 14 | | filed on or
after January 1, 1996.
| 15 | | (I) This amendatory Act of 1996 applies to causes of action | 16 | | filed on or
after January 1, 1996.
| 17 | | (J) The changes made to this Section by Public Act 95-243 | 18 | | apply to charges filed on or
after the effective date of those | 19 | | changes.
| 20 | | (K) The changes made to this Section by this amendatory Act | 21 | | of the 96th General Assembly apply to charges filed on or
after | 22 | | the effective date of those changes. | 23 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596, | 24 | | eff. 8-26-11; 97-813, eff. 7-13-12.)".
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