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90_HB1407ham001
LRB9002883RCksam
1 AMENDMENT TO HOUSE BILL 1407
2 AMENDMENT NO. . Amend House Bill 1407 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Sections 31-4, 32-2, and 32-3 as follows:
9 (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
10 Sec. 31-4. Obstructing justice.
11 (1) A person obstructs justice when, with intent to
12 prevent the apprehension or obstruct, hinder, interfere,
13 mislead, or impede the prosecution or defense of any person,
14 the person he knowingly commits any of the following acts:
15 (a) Destroys, alters, conceals or disguises
16 physical evidence, plants false evidence, furnishes false
17 information or false identification; or
18 (b) Induces a witness having knowledge material to
19 the subject at issue to withhold such knowledge from the
20 State's Attorney, an assistant State's Attorney or any
21 peace officer, or induces a witness having knowledge
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1 material to the subject at issue to leave the State, to
2 leave the county of venue where the crime was committed
3 or conceal himself; or
4 (c) Possessing knowledge material to the subject at
5 issue, he leaves the State or conceals himself; or .
6 (d) Withholds testimony, or withholds any record,
7 document, or any other information during the course any
8 hearing in a criminal case which is relevant and material
9 to the case or investigation; or
10 (e) Fails to appear as a witness in any felony
11 prosecution or grand jury proceeding pursuant to
12 subpoena; or
13 (f) Notifies or informs any subject of an ongoing
14 criminal investigation in order to prevent the discovery
15 of evidence or to impede the arrest or prosecution of
16 that subject or another person.
17 (2) The following is not a defense:
18 An individual's mistaken belief that the knowledge or
19 information he or she possesses is not material to the
20 subject at issue.
21 (3)(d) Sentence.
22 (a) Obstruction of justice is a Class 1 felony when
23 committed during the course of any investigation or
24 hearing or trial or other proceeding involving a charge
25 of first degree murder or a Class X felony.
26 (b) Obstruction of justice is a Class 2 felony when
27 committed during the course of any investigation or
28 hearing or trial or other proceeding involving a Class 1
29 felony.
30 (c) Obstruction of justice is a Class 3 felony when
31 committed during the course of any investigation or
32 hearing or trial or other proceeding involving a Class 2
33 felony.
34 (d) Obstruction of justice is a Class 4 felony when
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1 committed during the course of any investigation or
2 hearing or trial or other proceeding involving a Class 4
3 felony, a misdemeanor or in any other type of case or
4 proceeding.
5 Obstructing justice is a Class 4 felony.
6 (Source: P.A. 77-2638.)
7 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
8 Sec. 32-2. Perjury. (a) A person commits perjury when,
9 under oath or affirmation, in a proceeding or in any other
10 matter where by law such oath or affirmation is required, he
11 makes a false statement, material to the issue or point in
12 question, which he does not believe to be true.
13 (b) Proof of Falsity.
14 An indictment or information for perjury alleging that
15 the offender, under oath, has made contradictory statements,
16 material to the issue or point in question, in the same or in
17 different proceedings, where such oath or affirmation is
18 required, need not specify which statement is false. At the
19 trial, the prosecution need not establish which statement is
20 false.
21 (c) Admission of Falsity.
22 Where the contradictory statements are made in the same
23 continuous trial, an admission by the offender in that same
24 continuous trial of the falsity of a contradictory statement
25 shall bar prosecution therefor under any provisions of this
26 Code. For purposes of this Section, "trial" is defined as a
27 hearing on the merits of a case. A pretrial hearing,
28 deposition, post-trial motion, a grand jury proceeding and
29 other similar proceedings are not part of the same continuous
30 trial.
31 (c-5) The following is not a defense:
32 A defendant's mistaken belief that his or her statement
33 was not material is not a defense to the offense of perjury.
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1 (d) A person shall be exempt from prosecution under
2 subsection (a) of this Section if he is a peace officer who
3 uses a false or fictitious name in the enforcement of the
4 criminal laws, and such use is approved in writing as
5 provided in Section 10-1 of "The Liquor Control Act of 1934",
6 as amended, Section 5 of "An Act in relation to the use of an
7 assumed name in the conduct or transaction of business in
8 this State", approved July 17, 1941, as amended, or Section
9 55a of The Civil Administrative Code of Illinois, as amended.
10 However, this exemption shall not apply to testimony in
11 judicial proceedings where the identity of the peace officer
12 is material to the issue, and he is ordered by the court to
13 disclose his identity.
14 (e) Sentence.
15 (1) Perjury is a Class 1 felony when committed
16 during any hearing, trial or other proceeding in a case
17 involving a charge of first degree murder or a Class X
18 felony.
19 (2) Perjury is a Class 2 felony when committed
20 during any hearing, trial or other proceeding in a case
21 involving any felony charge other than first degree
22 murder or a Class X felony.
23 (3) Perjury is a Class 3 felony when committed during
24 any other criminal or civil proceeding.
25 (Source: P.A. 84-1308.)
26 (720 ILCS 5/32-3) (from Ch. 38, par. 32-3)
27 Sec. 32-3. Subornation of perjury.
28 (a) A person commits subornation of perjury when he
29 procures or induces another to make a statement in violation
30 of Section 32-2 which the person knows to be false.
31 (b) Sentence.
32 (1) Subornation of perjury is a Class 1 felony when
33 committed during any hearing, trial, or proceeding in a
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1 case involving a charge of first degree murder or a Class
2 X felony.
3 (2) Subornation of perjury is a Class 2 felony when
4 committed during any hearing, trial, or proceeding in a
5 case involving a charge other than first degree murder or
6 a Class X felony.
7 (3) Subornation of perjury is a Class 4 felony when
8 committed during any other criminal or civil proceeding.
9 (Source: P. A. 77-2638.)
10 Section 10. The Unified Code of Corrections is amended
11 by changing Section 5-5-3 as follows:
12 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
13 (Text of Section before amendment by P.A. 89-507 and
14 89-688)
15 Sec. 5-5-3. Disposition.
16 (a) Every person convicted of an offense shall be
17 sentenced as provided in this Section.
18 (b) The following options shall be appropriate
19 dispositions, alone or in combination, for all felonies and
20 misdemeanors other than those identified in subsection (c) of
21 this Section:
22 (1) A period of probation.
23 (2) A term of periodic imprisonment.
24 (3) A term of conditional discharge.
25 (4) A term of imprisonment.
26 (5) An order directing the offender to clean up and
27 repair the damage, if the offender was convicted under
28 paragraph (h) of Section 21-1 of the Criminal Code of
29 1961.
30 (6) A fine.
31 (7) An order directing the offender to make
32 restitution to the victim under Section 5-5-6 of this
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1 Code.
2 (8) A sentence of participation in a county impact
3 incarceration program under Section 5-8-1.2 of this Code.
4 Whenever an individual is sentenced for an offense based
5 upon an arrest for a violation of Section 11-501 of the
6 Illinois Vehicle Code, or a similar provision of a local
7 ordinance, and the professional evaluation recommends
8 remedial or rehabilitative treatment or education, neither
9 the treatment nor the education shall be the sole disposition
10 and either or both may be imposed only in conjunction with
11 another disposition. The court shall monitor compliance with
12 any remedial education or treatment recommendations contained
13 in the professional evaluation. Programs conducting alcohol
14 or other drug evaluation or remedial education must be
15 licensed by the Department of Alcoholism and Substance Abuse.
16 However, if the individual is not a resident of Illinois, the
17 court may accept an alcohol or other drug evaluation or
18 remedial education program in the state of such individual's
19 residence. Programs providing treatment must be licensed
20 under existing applicable alcoholism and drug treatment
21 licensure standards.
22 In addition to any other fine or penalty required by law,
23 any individual convicted of a violation of Section 11-501 of
24 the Illinois Vehicle Code or a similar provision of local
25 ordinance, whose operation of a motor vehicle while in
26 violation of Section 11-501 or such ordinance proximately
27 caused an incident resulting in an appropriate emergency
28 response, shall be required to make restitution to a public
29 agency for the costs of that emergency response. Such
30 restitution shall not exceed $500 per public agency for each
31 such emergency response. For the purpose of this paragraph,
32 emergency response shall mean any incident requiring a
33 response by: a police officer as defined under Section 1-162
34 of the Illinois Vehicle Code; a fireman carried on the rolls
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1 of a regularly constituted fire department; and an ambulance
2 as defined under Section 4.05 of the Emergency Medical
3 Services (EMS) Systems Act.
4 Neither a fine nor restitution shall be the sole
5 disposition for a felony and either or both may be imposed
6 only in conjunction with another disposition.
7 (c) (1) When a defendant is found guilty of first degree
8 murder the State may either seek a sentence of
9 imprisonment under Section 5-8-1 of this Code, or where
10 appropriate seek a sentence of death under Section 9-1 of
11 the Criminal Code of 1961.
12 (2) A period of probation, a term of periodic
13 imprisonment or conditional discharge shall not be
14 imposed for the following offenses. The court shall
15 sentence the offender to not less than the minimum term
16 of imprisonment set forth in this Code for the following
17 offenses, and may order a fine or restitution or both in
18 conjunction with such term of imprisonment:
19 (A) First degree murder where the death
20 penalty is not imposed.
21 (B) Attempted first degree murder.
22 (C) A Class X felony.
23 (D) A violation of Section 401.1 or 407 of the
24 Illinois Controlled Substances Act, or a violation
25 of subdivision (c)(2) of Section 401 of that Act
26 which relates to more than 5 grams of a substance
27 containing cocaine or an analog thereof.
28 (E) A violation of Section 5.1 or 9 of the
29 Cannabis Control Act.
30 (F) A Class 2 or greater felony if the
31 offender had been convicted of a Class 2 or greater
32 felony within 10 years of the date on which he
33 committed the offense for which he is being
34 sentenced.
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1 (G) Residential burglary.
2 (H) Criminal sexual assault, except as
3 otherwise provided in subsection (e) of this
4 Section.
5 (I) Aggravated battery of a senior citizen.
6 (J) A forcible felony if the offense was
7 related to the activities of an organized gang.
8 Before July 1, 1994, for the purposes of this
9 paragraph, "organized gang" means an association of
10 5 or more persons, with an established hierarchy,
11 that encourages members of the association to
12 perpetrate crimes or provides support to the members
13 of the association who do commit crimes.
14 Beginning July 1, 1994, for the purposes of
15 this paragraph, "organized gang" has the meaning
16 ascribed to it in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (K) Vehicular hijacking.
19 (L) A second or subsequent conviction for the
20 offense of hate crime when the underlying offense
21 upon which the hate crime is based is felony
22 aggravated assault or felony mob action.
23 (M) A second or subsequent conviction for the
24 offense of institutional vandalism if the damage to
25 the property exceeds $300.
26 (N) A Class 3 felony violation of paragraph
27 (1) of subsection (a) of Section 2 of the Firearm
28 Owners Identification Card Act.
29 (O) A violation of Section 12-6.1 of the
30 Criminal Code of 1961.
31 (3) A minimum term of imprisonment of not less than
32 48 consecutive hours or 100 hours of community service as
33 may be determined by the court shall be imposed for a
34 second or subsequent violation committed within 5 years
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1 of a previous violation of Section 11-501 of the Illinois
2 Vehicle Code or a similar provision of a local ordinance.
3 (4) A minimum term of imprisonment of not less than
4 7 consecutive days or 30 days of community service shall
5 be imposed for a violation of paragraph (c) of Section
6 6-303 of the Illinois Vehicle Code.
7 (4.1) A minimum term of 30 consecutive days of
8 imprisonment, 40 days of 24 hour periodic imprisonment or
9 720 hours of community service, as may be determined by
10 the court, shall be imposed for a violation of Section
11 11-501 of the Illinois Vehicle Code during a period in
12 which the defendant's driving privileges are revoked or
13 suspended, where the revocation or suspension was for a
14 violation of Section 11-501 or Section 11-501.1 of that
15 Code.
16 (5) The court may sentence an offender convicted of
17 a business offense or a petty offense or a corporation or
18 unincorporated association convicted of any offense to:
19 (A) a period of conditional discharge;
20 (B) a fine;
21 (C) make restitution to the victim under
22 Section 5-5-6 of this Code.
23 (6) In no case shall an offender be eligible for a
24 disposition of probation or conditional discharge for a
25 Class 1 felony committed while he was serving a term of
26 probation or conditional discharge for a felony.
27 (7) When a defendant is adjudged a habitual
28 criminal under Article 33B of the Criminal Code of 1961,
29 the court shall sentence the defendant to a term of
30 natural life imprisonment.
31 (8) When a defendant, over the age of 21 years, is
32 convicted of a Class 1 or Class 2 felony, after having
33 twice been convicted of any Class 2 or greater Class
34 felonies in Illinois, and such charges are separately
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1 brought and tried and arise out of different series of
2 acts, such defendant shall be sentenced as a Class X
3 offender. This paragraph shall not apply unless (1) the
4 first felony was committed after the effective date of
5 this amendatory Act of 1977; and (2) the second felony
6 was committed after conviction on the first; and (3) the
7 third felony was committed after conviction on the
8 second.
9 (9) A defendant convicted of a second or subsequent
10 offense of ritualized abuse of a child may be sentenced
11 to a term of natural life imprisonment.
12 (10) Beginning July 1, 1994, unless sentencing
13 under Section 33B-1 is applicable, a term of imprisonment
14 of not less than 15 years nor more than 50 years shall be
15 imposed on a defendant who violates Section 33A-2 of the
16 Criminal Code of 1961 with a firearm, when that person
17 has been convicted in any state or federal court of 3 or
18 more of the following offenses: treason, first degree
19 murder, second degree murder, aggravated criminal sexual
20 assault, criminal sexual assault, robbery, burglary,
21 arson, kidnaping, aggravated battery resulting in great
22 bodily harm or permanent disability or disfigurement, or
23 a violation of Section 401(a) of the Illinois Controlled
24 Substances Act, when the third offense was committed
25 after conviction on the second, the second offense was
26 committed after conviction on the first, and the
27 violation of Section 33A-2 of the Criminal Code of 1961
28 was committed after conviction on the third.
29 (11) Beginning July 1, 1994, a term of imprisonment
30 of not less than 10 years and not more than 30 years
31 shall be imposed on a defendant who violates Section
32 33A-2 with a Category I weapon where the offense was
33 committed in any school, or any conveyance owned, leased,
34 or contracted by a school to transport students to or
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1 from school or a school related activity, on the real
2 property comprising any school or public park, and where
3 the offense was related to the activities of an organized
4 gang. For the purposes of this paragraph (11),
5 "organized gang" has the meaning ascribed to it in
6 Section 10 of the Illinois Streetgang Terrorism Omnibus
7 Prevention Act.
8 (d) In any case in which a sentence originally imposed
9 is vacated, the case shall be remanded to the trial court.
10 The trial court shall hold a hearing under Section 5-4-1 of
11 the Unified Code of Corrections which may include evidence of
12 the defendant's life, moral character and occupation during
13 the time since the original sentence was passed. The trial
14 court shall then impose sentence upon the defendant. The
15 trial court may impose any sentence which could have been
16 imposed at the original trial subject to Section 5-5-4 of the
17 Unified Code of Corrections.
18 (e) In cases where prosecution for criminal sexual
19 assault or aggravated criminal sexual abuse under Section
20 12-13 or 12-16 of the Criminal Code of 1961 results in
21 conviction of a defendant who was a family member of the
22 victim at the time of the commission of the offense, the
23 court shall consider the safety and welfare of the victim and
24 may impose a sentence of probation only where:
25 (1) the court finds (A) or (B) or both are
26 appropriate:
27 (A) the defendant is willing to undergo a
28 court approved counseling program for a minimum
29 duration of 2 years; or
30 (B) the defendant is willing to participate in
31 a court approved plan including but not limited to
32 the defendant's:
33 (i) removal from the household;
34 (ii) restricted contact with the victim;
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1 (iii) continued financial support of the
2 family;
3 (iv) restitution for harm done to the
4 victim; and
5 (v) compliance with any other measures
6 that the court may deem appropriate; and
7 (2) the court orders the defendant to pay for the
8 victim's counseling services, to the extent that the
9 court finds, after considering the defendant's income and
10 assets, that the defendant is financially capable of
11 paying for such services, if the victim was under 18
12 years of age at the time the offense was committed and
13 requires counseling as a result of the offense.
14 Probation may be revoked or modified pursuant to Section
15 5-6-4; except where the court determines at the hearing that
16 the defendant violated a condition of his or her probation
17 restricting contact with the victim or other family members
18 or commits another offense with the victim or other family
19 members, the court shall revoke the defendant's probation and
20 impose a term of imprisonment.
21 For the purposes of this Section, "family member" and
22 "victim" shall have the meanings ascribed to them in Section
23 12-12 of the Criminal Code of 1961.
24 (f) This Article shall not deprive a court in other
25 proceedings to order a forfeiture of property, to suspend or
26 cancel a license, to remove a person from office, or to
27 impose any other civil penalty.
28 (g) Whenever a defendant is convicted of an offense
29 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
30 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
31 12-15 or 12-16 of the Criminal Code of 1961, the defendant
32 shall undergo medical testing to determine whether the
33 defendant has any sexually transmissible disease, including a
34 test for infection with human immunodeficiency virus (HIV) or
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1 any other identified causative agent of acquired
2 immunodeficiency syndrome (AIDS). Any such medical test
3 shall be performed only by appropriately licensed medical
4 practitioners and may include an analysis of any bodily
5 fluids as well as an examination of the defendant's person.
6 Except as otherwise provided by law, the results of such test
7 shall be kept strictly confidential by all medical personnel
8 involved in the testing and must be personally delivered in a
9 sealed envelope to the judge of the court in which the
10 conviction was entered for the judge's inspection in camera.
11 Acting in accordance with the best interests of the victim
12 and the public, the judge shall have the discretion to
13 determine to whom, if anyone, the results of the testing may
14 be revealed. The court shall notify the defendant of the test
15 results. The court shall also notify the victim if requested
16 by the victim, and if the victim is under the age of 15 and
17 if requested by the victim's parents or legal guardian, the
18 court shall notify the victim's parents or legal guardian of
19 the test results. The court shall provide information on the
20 availability of HIV testing and counseling at Department of
21 Public Health facilities to all parties to whom the results
22 of the testing are revealed and shall direct the State's
23 Attorney to provide the information to the victim when
24 possible. A State's Attorney may petition the court to obtain
25 the results of any HIV test administered under this Section,
26 and the court shall grant the disclosure if the State's
27 Attorney shows it is relevant in order to prosecute a charge
28 of criminal transmission of HIV under Section 12-16.2 of the
29 Criminal Code of 1961 against the defendant. The court shall
30 order that the cost of any such test shall be paid by the
31 county and may be taxed as costs against the convicted
32 defendant.
33 (g-5) When an inmate is tested for an airborne
34 communicable disease, as determined by the Illinois
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1 Department of Public Health including but not limited to
2 tuberculosis, the results of the test shall be personally
3 delivered by the warden or his or her designee in a sealed
4 envelope to the judge of the court in which the inmate must
5 appear for the judge's inspection in camera if requested by
6 the judge. Acting in accordance with the best interests of
7 those in the courtroom, the judge shall have the discretion
8 to determine what if any precautions need to be taken to
9 prevent transmission of the disease in the courtroom.
10 (h) Whenever a defendant is convicted of an offense
11 under Section 1 or 2 of the Hypodermic Syringes and Needles
12 Act, the defendant shall undergo medical testing to determine
13 whether the defendant has been exposed to human
14 immunodeficiency virus (HIV) or any other identified
15 causative agent of acquired immunodeficiency syndrome (AIDS).
16 Except as otherwise provided by law, the results of such test
17 shall be kept strictly confidential by all medical personnel
18 involved in the testing and must be personally delivered in a
19 sealed envelope to the judge of the court in which the
20 conviction was entered for the judge's inspection in camera.
21 Acting in accordance with the best interests of the public,
22 the judge shall have the discretion to determine to whom, if
23 anyone, the results of the testing may be revealed. The court
24 shall notify the defendant of a positive test showing an
25 infection with the human immunodeficiency virus (HIV). The
26 court shall provide information on the availability of HIV
27 testing and counseling at Department of Public Health
28 facilities to all parties to whom the results of the testing
29 are revealed and shall direct the State's Attorney to provide
30 the information to the victim when possible. A State's
31 Attorney may petition the court to obtain the results of any
32 HIV test administered under this Section, and the court
33 shall grant the disclosure if the State's Attorney shows it
34 is relevant in order to prosecute a charge of criminal
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1 transmission of HIV under Section 12-16.2 of the Criminal
2 Code of 1961 against the defendant. The court shall order
3 that the cost of any such test shall be paid by the county
4 and may be taxed as costs against the convicted defendant.
5 (i) All fines and penalties imposed under this Section
6 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
7 Vehicle Code, or a similar provision of a local ordinance,
8 and any violation of the Child Passenger Protection Act, or a
9 similar provision of a local ordinance, shall be collected
10 and disbursed by the circuit clerk as provided under Section
11 27.5 of the Clerks of Courts Act.
12 (j) In cases when prosecution for any violation of
13 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
14 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
15 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
16 12-16 of the Criminal Code of 1961, any violation of the
17 Illinois Controlled Substances Act, or any violation of the
18 Cannabis Control Act results in conviction, a disposition of
19 court supervision, or an order of probation granted under
20 Section 10 of the Cannabis Control Act or Section 410 of the
21 Illinois Controlled Substance Act of a defendant, the court
22 shall determine whether the defendant is employed by a
23 facility or center as defined under the Child Care Act of
24 1969, a public or private elementary or secondary school, or
25 otherwise works with children under 18 years of age on a
26 daily basis. When a defendant is so employed, the court
27 shall order the Clerk of the Court to send a copy of the
28 judgment of conviction or order of supervision or probation
29 to the defendant's employer by certified mail. If the
30 employer of the defendant is a school, the Clerk of the Court
31 shall direct the mailing of a copy of the judgment of
32 conviction or order of supervision or probation to the
33 appropriate regional superintendent of schools. The regional
34 superintendent of schools shall notify the State Board of
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1 Education of any notification under this subsection.
2 (k) A court may not impose a sentence or disposition for
3 a felony or misdemeanor that requires the defendant to be
4 implanted or injected with or to use any form of birth
5 control.
6 (l)(A) Except as provided in paragraph (C) of subsection
7 (l), whenever a defendant, who is an alien as defined by the
8 Immigration and Nationality Act, is convicted of any felony
9 or misdemeanor offense, the court after sentencing the
10 defendant may, upon motion of the State's Attorney, hold
11 sentence in abeyance and remand the defendant to the custody
12 of the Attorney General of the United States or his or her
13 designated agent to be deported when:
14 (1) a final order of deportation has been issued
15 against the defendant pursuant to proceedings under the
16 Immigration and Nationality Act, and
17 (2) the deportation of the defendant would not
18 deprecate the seriousness of the defendant's conduct and
19 would not be inconsistent with the ends of justice.
20 Otherwise, the defendant shall be sentenced as provided
21 in this Chapter V.
22 (B) If the defendant has already been sentenced for a
23 felony or misdemeanor offense, or has been placed on
24 probation under Section 10 of the Cannabis Control Act or
25 Section 410 of the Illinois Controlled Substances Act, the
26 court may, upon motion of the State's Attorney to suspend the
27 sentence imposed, commit the defendant to the custody of the
28 Attorney General of the United States or his or her
29 designated agent when:
30 (1) a final order of deportation has been issued
31 against the defendant pursuant to proceedings under the
32 Immigration and Nationality Act, and
33 (2) the deportation of the defendant would not
34 deprecate the seriousness of the defendant's conduct and
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1 would not be inconsistent with the ends of justice.
2 (C) This subsection (l) does not apply to offenders who
3 are subject to the provisions of paragraph (2) of subsection
4 (a) of Section 3-6-3.
5 (D) Upon motion of the State's Attorney, if a defendant
6 sentenced under this Section returns to the jurisdiction of
7 the United States, the defendant shall be recommitted to the
8 custody of the county from which he or she was sentenced.
9 Thereafter, the defendant shall be brought before the
10 sentencing court, which may impose any sentence that was
11 available under Section 5-5-3 at the time of initial
12 sentencing. In addition, the defendant shall not be eligible
13 for additional good conduct credit for meritorious service as
14 provided under Section 3-6-6.
15 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
16 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
17 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
18 eff. 5-29-96; 89-477, eff. 6-18-96; 89-545, eff. 7-25-96;
19 89-587, eff. 7-31-96; 89-627, eff. 1-1-97; revised 1-7-97.)
20 (Text of Section after amendment by P.A. 89-507 and
21 89-688)
22 Sec. 5-5-3. Disposition.
23 (a) Every person convicted of an offense shall be
24 sentenced as provided in this Section.
25 (b) The following options shall be appropriate
26 dispositions, alone or in combination, for all felonies and
27 misdemeanors other than those identified in subsection (c) of
28 this Section:
29 (1) A period of probation.
30 (2) A term of periodic imprisonment.
31 (3) A term of conditional discharge.
32 (4) A term of imprisonment.
33 (5) An order directing the offender to clean up and
34 repair the damage, if the offender was convicted under
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1 paragraph (h) of Section 21-1 of the Criminal Code of
2 1961.
3 (6) A fine.
4 (7) An order directing the offender to make
5 restitution to the victim under Section 5-5-6 of this
6 Code.
7 (8) A sentence of participation in a county impact
8 incarceration program under Section 5-8-1.2 of this Code.
9 Whenever an individual is sentenced for an offense based
10 upon an arrest for a violation of Section 11-501 of the
11 Illinois Vehicle Code, or a similar provision of a local
12 ordinance, and the professional evaluation recommends
13 remedial or rehabilitative treatment or education, neither
14 the treatment nor the education shall be the sole disposition
15 and either or both may be imposed only in conjunction with
16 another disposition. The court shall monitor compliance with
17 any remedial education or treatment recommendations contained
18 in the professional evaluation. Programs conducting alcohol
19 or other drug evaluation or remedial education must be
20 licensed by the Department of Human Services. However, if
21 the individual is not a resident of Illinois, the court may
22 accept an alcohol or other drug evaluation or remedial
23 education program in the state of such individual's
24 residence. Programs providing treatment must be licensed
25 under existing applicable alcoholism and drug treatment
26 licensure standards.
27 In addition to any other fine or penalty required by law,
28 any individual convicted of a violation of Section 11-501 of
29 the Illinois Vehicle Code or a similar provision of local
30 ordinance, whose operation of a motor vehicle while in
31 violation of Section 11-501 or such ordinance proximately
32 caused an incident resulting in an appropriate emergency
33 response, shall be required to make restitution to a public
34 agency for the costs of that emergency response. Such
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1 restitution shall not exceed $500 per public agency for each
2 such emergency response. For the purpose of this paragraph,
3 emergency response shall mean any incident requiring a
4 response by: a police officer as defined under Section 1-162
5 of the Illinois Vehicle Code; a fireman carried on the rolls
6 of a regularly constituted fire department; and an ambulance
7 as defined under Section 4.05 of the Emergency Medical
8 Services (EMS) Systems Act.
9 Neither a fine nor restitution shall be the sole
10 disposition for a felony and either or both may be imposed
11 only in conjunction with another disposition.
12 (c) (1) When a defendant is found guilty of first degree
13 murder the State may either seek a sentence of
14 imprisonment under Section 5-8-1 of this Code, or where
15 appropriate seek a sentence of death under Section 9-1 of
16 the Criminal Code of 1961.
17 (2) A period of probation, a term of periodic
18 imprisonment or conditional discharge shall not be
19 imposed for the following offenses. The court shall
20 sentence the offender to not less than the minimum term
21 of imprisonment set forth in this Code for the following
22 offenses, and may order a fine or restitution or both in
23 conjunction with such term of imprisonment:
24 (A) First degree murder where the death
25 penalty is not imposed.
26 (B) Attempted first degree murder.
27 (C) A Class X felony.
28 (D) A violation of Section 401.1 or 407 of the
29 Illinois Controlled Substances Act, or a violation
30 of subdivision (c)(2) of Section 401 of that Act
31 which relates to more than 5 grams of a substance
32 containing cocaine or an analog thereof.
33 (E) A violation of Section 5.1 or 9 of the
34 Cannabis Control Act.
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1 (F) A Class 2 or greater felony if the
2 offender had been convicted of a Class 2 or greater
3 felony within 10 years of the date on which he
4 committed the offense for which he is being
5 sentenced.
6 (G) Residential burglary.
7 (H) Criminal sexual assault, except as
8 otherwise provided in subsection (e) of this
9 Section.
10 (I) Aggravated battery of a senior citizen.
11 (J) A forcible felony if the offense was
12 related to the activities of an organized gang.
13 Before July 1, 1994, for the purposes of this
14 paragraph, "organized gang" means an association of
15 5 or more persons, with an established hierarchy,
16 that encourages members of the association to
17 perpetrate crimes or provides support to the members
18 of the association who do commit crimes.
19 Beginning July 1, 1994, for the purposes of
20 this paragraph, "organized gang" has the meaning
21 ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (K) Vehicular hijacking.
24 (L) A second or subsequent conviction for the
25 offense of hate crime when the underlying offense
26 upon which the hate crime is based is felony
27 aggravated assault or felony mob action.
28 (M) A second or subsequent conviction for the
29 offense of institutional vandalism if the damage to
30 the property exceeds $300.
31 (N) A Class 3 felony violation of paragraph
32 (1) of subsection (a) of Section 2 of the Firearm
33 Owners Identification Card Act.
34 (O) A violation of Section 12-6.1 of the
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1 Criminal Code of 1961.
2 (P) A violation of clause (3)(a) of Section
3 31-4, clause (e)(1) of Section 32-2, or clause
4 (b)(1) of Section 32-3 of the Criminal Code of 1961.
5 (3) A minimum term of imprisonment of not less than
6 48 consecutive hours or 100 hours of community service as
7 may be determined by the court shall be imposed for a
8 second or subsequent violation committed within 5 years
9 of a previous violation of Section 11-501 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance.
11 (4) A minimum term of imprisonment of not less than
12 7 consecutive days or 30 days of community service shall
13 be imposed for a violation of paragraph (c) of Section
14 6-303 of the Illinois Vehicle Code.
15 (4.1) A minimum term of 30 consecutive days of
16 imprisonment, 40 days of 24 hour periodic imprisonment or
17 720 hours of community service, as may be determined by
18 the court, shall be imposed for a violation of Section
19 11-501 of the Illinois Vehicle Code during a period in
20 which the defendant's driving privileges are revoked or
21 suspended, where the revocation or suspension was for a
22 violation of Section 11-501 or Section 11-501.1 of that
23 Code.
24 (5) The court may sentence an offender convicted of
25 a business offense or a petty offense or a corporation or
26 unincorporated association convicted of any offense to:
27 (A) a period of conditional discharge;
28 (B) a fine;
29 (C) make restitution to the victim under
30 Section 5-5-6 of this Code.
31 (6) In no case shall an offender be eligible for a
32 disposition of probation or conditional discharge for a
33 Class 1 felony committed while he was serving a term of
34 probation or conditional discharge for a felony.
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1 (7) When a defendant is adjudged a habitual
2 criminal under Article 33B of the Criminal Code of 1961,
3 the court shall sentence the defendant to a term of
4 natural life imprisonment.
5 (8) When a defendant, over the age of 21 years, is
6 convicted of a Class 1 or Class 2 felony, after having
7 twice been convicted of any Class 2 or greater Class
8 felonies in Illinois, and such charges are separately
9 brought and tried and arise out of different series of
10 acts, such defendant shall be sentenced as a Class X
11 offender. This paragraph shall not apply unless (1) the
12 first felony was committed after the effective date of
13 this amendatory Act of 1977; and (2) the second felony
14 was committed after conviction on the first; and (3) the
15 third felony was committed after conviction on the
16 second.
17 (9) A defendant convicted of a second or subsequent
18 offense of ritualized abuse of a child may be sentenced
19 to a term of natural life imprisonment.
20 (10) Beginning July 1, 1994, unless sentencing
21 under Section 33B-1 is applicable, a term of imprisonment
22 of not less than 15 years nor more than 50 years shall be
23 imposed on a defendant who violates Section 33A-2 of the
24 Criminal Code of 1961 with a firearm, when that person
25 has been convicted in any state or federal court of 3 or
26 more of the following offenses: treason, first degree
27 murder, second degree murder, aggravated criminal sexual
28 assault, criminal sexual assault, robbery, burglary,
29 arson, kidnaping, aggravated battery resulting in great
30 bodily harm or permanent disability or disfigurement, or
31 a violation of Section 401(a) of the Illinois Controlled
32 Substances Act, when the third offense was committed
33 after conviction on the second, the second offense was
34 committed after conviction on the first, and the
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1 violation of Section 33A-2 of the Criminal Code of 1961
2 was committed after conviction on the third.
3 (11) Beginning July 1, 1994, a term of imprisonment
4 of not less than 10 years and not more than 30 years
5 shall be imposed on a defendant who violates Section
6 33A-2 with a Category I weapon where the offense was
7 committed in any school, or any conveyance owned, leased,
8 or contracted by a school to transport students to or
9 from school or a school related activity, on the real
10 property comprising any school or public park, and where
11 the offense was related to the activities of an organized
12 gang. For the purposes of this paragraph (11),
13 "organized gang" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (d) In any case in which a sentence originally imposed
17 is vacated, the case shall be remanded to the trial court.
18 The trial court shall hold a hearing under Section 5-4-1 of
19 the Unified Code of Corrections which may include evidence of
20 the defendant's life, moral character and occupation during
21 the time since the original sentence was passed. The trial
22 court shall then impose sentence upon the defendant. The
23 trial court may impose any sentence which could have been
24 imposed at the original trial subject to Section 5-5-4 of the
25 Unified Code of Corrections.
26 (e) In cases where prosecution for criminal sexual
27 assault or aggravated criminal sexual abuse under Section
28 12-13 or 12-16 of the Criminal Code of 1961 results in
29 conviction of a defendant who was a family member of the
30 victim at the time of the commission of the offense, the
31 court shall consider the safety and welfare of the victim and
32 may impose a sentence of probation only where:
33 (1) the court finds (A) or (B) or both are
34 appropriate:
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1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.
32 (f) This Article shall not deprive a court in other
33 proceedings to order a forfeiture of property, to suspend or
34 cancel a license, to remove a person from office, or to
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1 impose any other civil penalty.
2 (g) Whenever a defendant is convicted of an offense
3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
5 12-15 or 12-16 of the Criminal Code of 1961, the defendant
6 shall undergo medical testing to determine whether the
7 defendant has any sexually transmissible disease, including a
8 test for infection with human immunodeficiency virus (HIV) or
9 any other identified causative agent of acquired
10 immunodeficiency syndrome (AIDS). Any such medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the defendant's person.
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the victim
20 and the public, the judge shall have the discretion to
21 determine to whom, if anyone, the results of the testing may
22 be revealed. The court shall notify the defendant of the test
23 results. The court shall also notify the victim if requested
24 by the victim, and if the victim is under the age of 15 and
25 if requested by the victim's parents or legal guardian, the
26 court shall notify the victim's parents or legal guardian of
27 the test results. The court shall provide information on the
28 availability of HIV testing and counseling at Department of
29 Public Health facilities to all parties to whom the results
30 of the testing are revealed and shall direct the State's
31 Attorney to provide the information to the victim when
32 possible. A State's Attorney may petition the court to obtain
33 the results of any HIV test administered under this Section,
34 and the court shall grant the disclosure if the State's
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1 Attorney shows it is relevant in order to prosecute a charge
2 of criminal transmission of HIV under Section 12-16.2 of the
3 Criminal Code of 1961 against the defendant. The court shall
4 order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois
9 Department of Public Health including but not limited to
10 tuberculosis, the results of the test shall be personally
11 delivered by the warden or his or her designee in a sealed
12 envelope to the judge of the court in which the inmate must
13 appear for the judge's inspection in camera if requested by
14 the judge. Acting in accordance with the best interests of
15 those in the courtroom, the judge shall have the discretion
16 to determine what if any precautions need to be taken to
17 prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense
19 under Section 1 or 2 of the Hypodermic Syringes and Needles
20 Act, the defendant shall undergo medical testing to determine
21 whether the defendant has been exposed to human
22 immunodeficiency virus (HIV) or any other identified
23 causative agent of acquired immunodeficiency syndrome (AIDS).
24 Except as otherwise provided by law, the results of such test
25 shall be kept strictly confidential by all medical personnel
26 involved in the testing and must be personally delivered in a
27 sealed envelope to the judge of the court in which the
28 conviction was entered for the judge's inspection in camera.
29 Acting in accordance with the best interests of the public,
30 the judge shall have the discretion to determine to whom, if
31 anyone, the results of the testing may be revealed. The court
32 shall notify the defendant of a positive test showing an
33 infection with the human immunodeficiency virus (HIV). The
34 court shall provide information on the availability of HIV
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1 testing and counseling at Department of Public Health
2 facilities to all parties to whom the results of the testing
3 are revealed and shall direct the State's Attorney to provide
4 the information to the victim when possible. A State's
5 Attorney may petition the court to obtain the results of any
6 HIV test administered under this Section, and the court
7 shall grant the disclosure if the State's Attorney shows it
8 is relevant in order to prosecute a charge of criminal
9 transmission of HIV under Section 12-16.2 of the Criminal
10 Code of 1961 against the defendant. The court shall order
11 that the cost of any such test shall be paid by the county
12 and may be taxed as costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section
14 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (j) In cases when prosecution for any violation of
21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
24 12-16 of the Criminal Code of 1961, any violation of the
25 Illinois Controlled Substances Act, or any violation of the
26 Cannabis Control Act results in conviction, a disposition of
27 court supervision, or an order of probation granted under
28 Section 10 of the Cannabis Control Act or Section 410 of the
29 Illinois Controlled Substance Act of a defendant, the court
30 shall determine whether the defendant is employed by a
31 facility or center as defined under the Child Care Act of
32 1969, a public or private elementary or secondary school, or
33 otherwise works with children under 18 years of age on a
34 daily basis. When a defendant is so employed, the court
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1 shall order the Clerk of the Court to send a copy of the
2 judgment of conviction or order of supervision or probation
3 to the defendant's employer by certified mail. If the
4 employer of the defendant is a school, the Clerk of the Court
5 shall direct the mailing of a copy of the judgment of
6 conviction or order of supervision or probation to the
7 appropriate regional superintendent of schools. The regional
8 superintendent of schools shall notify the State Board of
9 Education of any notification under this subsection.
10 (j-5) A defendant at least 17 years of age who is
11 convicted of a felony and who has not been previously
12 convicted of a misdemeanor or felony and who is sentenced to
13 a term of imprisonment in the Illinois Department of
14 Corrections shall as a condition of his or her sentence be
15 required by the court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward passing
18 the high school level Test of General Educational Development
19 (GED) or to work toward completing a vocational training
20 program offered by the Department of Corrections. If a
21 defendant fails to complete the educational training required
22 by his or her sentence during the term of incarceration, the
23 Prisoner Review Board shall, as a condition of mandatory
24 supervised release, require the defendant, at his or her own
25 expense, to pursue a course of study toward a high school
26 diploma or passage of the GED test. The Prisoner Review
27 Board shall revoke the mandatory supervised release of a
28 defendant who wilfully fails to comply with this subsection
29 (j-5) upon his or her release from confinement in a penal
30 institution while serving a mandatory supervised release
31 term; however, the inability of the defendant after making a
32 good faith effort to obtain financial aid or pay for the
33 educational training shall not be deemed a wilful failure to
34 comply. The Prisoner Review Board shall recommit the
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1 defendant whose mandatory supervised release term has been
2 revoked under this subsection (j-5) as provided in Section
3 3-3-9. This subsection (j-5) does not apply to a defendant
4 who has a high school diploma or has successfully passed the
5 GED test. This subsection (j-5) does not apply to a defendant
6 who is determined by the court to be developmentally disabled
7 or otherwise mentally incapable of completing the educational
8 or vocational program.
9 (k) A court may not impose a sentence or disposition for
10 a felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth
12 control.
13 (l)(A) Except as provided in paragraph (C) of subsection
14 (l), whenever a defendant, who is an alien as defined by the
15 Immigration and Nationality Act, is convicted of any felony
16 or misdemeanor offense, the court after sentencing the
17 defendant may, upon motion of the State's Attorney, hold
18 sentence in abeyance and remand the defendant to the custody
19 of the Attorney General of the United States or his or her
20 designated agent to be deported when:
21 (1) a final order of deportation has been issued
22 against the defendant pursuant to proceedings under the
23 Immigration and Nationality Act, and
24 (2) the deportation of the defendant would not
25 deprecate the seriousness of the defendant's conduct and
26 would not be inconsistent with the ends of justice.
27 Otherwise, the defendant shall be sentenced as provided
28 in this Chapter V.
29 (B) If the defendant has already been sentenced for a
30 felony or misdemeanor offense, or has been placed on
31 probation under Section 10 of the Cannabis Control Act or
32 Section 410 of the Illinois Controlled Substances Act, the
33 court may, upon motion of the State's Attorney to suspend the
34 sentence imposed, commit the defendant to the custody of the
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1 Attorney General of the United States or his or her
2 designated agent when:
3 (1) a final order of deportation has been issued
4 against the defendant pursuant to proceedings under the
5 Immigration and Nationality Act, and
6 (2) the deportation of the defendant would not
7 deprecate the seriousness of the defendant's conduct and
8 would not be inconsistent with the ends of justice.
9 (C) This subsection (l) does not apply to offenders who
10 are subject to the provisions of paragraph (2) of subsection
11 (a) of Section 3-6-3.
12 (D) Upon motion of the State's Attorney, if a defendant
13 sentenced under this Section returns to the jurisdiction of
14 the United States, the defendant shall be recommitted to the
15 custody of the county from which he or she was sentenced.
16 Thereafter, the defendant shall be brought before the
17 sentencing court, which may impose any sentence that was
18 available under Section 5-5-3 at the time of initial
19 sentencing. In addition, the defendant shall not be eligible
20 for additional good conduct credit for meritorious service as
21 provided under Section 3-6-6.
22 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
23 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
24 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
25 eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff. 7-1-97;
26 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
27 1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
28 Section 95. No acceleration or delay. Where this Act
29 makes changes in a statute that is represented in this Act by
30 text that is not yet or no longer in effect (for example, a
31 Section represented by multiple versions), the use of that
32 text does not accelerate or delay the taking effect of (i)
33 the changes made by this Act or (ii) provisions derived from
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1 any other Public Act.".