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90_SB1426enr
720 ILCS 5/21-1.3
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961 and the Unified Code of
Corrections. Increases the penalty for criminal defacement
of property in which the property damaged is a school
building and the property damage to the school building
exceeds $300 from a Class 4 felony to a Class 3 felony.
Requires the defendant to cleanup, remove, or paint over the
defacement.
LRB9011373RCcd
SB1426 Enrolled LRB9011373RCcd
1 AN ACT in relation to criminal defacement of a school
2 building, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 21-1.3 as follows:
7 (720 ILCS 5/21-1.3)
8 Sec. 21-1.3. Criminal defacement of property.
9 (a) A person commits criminal defacement of property
10 when the person knowingly damages the property of another
11 without his or her consent by defacing, deforming, or
12 otherwise damaging the property by the use of paint or any
13 other similar substance, or by the use of a writing
14 instrument, etching tool, or any other similar device.
15 (b) Criminal defacement of property is a Class A
16 misdemeanor for a first offense if the damage to the property
17 does not exceed $300. Criminal defacement of property is a
18 Class 4 felony for a second or subsequent conviction or if
19 the damage to the property exceeds $300. Criminal defacement
20 of property is a Class 3 felony if the damage to property
21 exceeds $300 and the property damaged is a school building.
22 In addition to any other sentence that may be imposed, a
23 court shall order any person convicted of criminal defacement
24 of property to perform community service for not less than 30
25 and not more than 120 hours, if community service is
26 available in the jurisdiction. The community service shall
27 include, but need not be limited to, the cleanup and repair
28 of the damage to property that was caused by the offense, or
29 similar damage to property located in the municipality or
30 county in which the offense occurred. If the property damaged
31 is a school building, the community service may include
SB1426 Enrolled -2- LRB9011373RCcd
1 cleanup, removal, or painting over the defacement. In
2 addition, whenever any person is placed on supervision for an
3 alleged offense under this Section, the supervision shall be
4 conditioned upon the performance of the community service.
5 (Source: P.A. 88-406.)
6 Section 10. The Unified Code of Corrections is amended
7 by changing Section 5-5-3 as follows:
8 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
9 Sec. 5-5-3. Disposition.
10 (a) Every person convicted of an offense shall be
11 sentenced as provided in this Section.
12 (b) The following options shall be appropriate
13 dispositions, alone or in combination, for all felonies and
14 misdemeanors other than those identified in subsection (c) of
15 this Section:
16 (1) A period of probation.
17 (2) A term of periodic imprisonment.
18 (3) A term of conditional discharge.
19 (4) A term of imprisonment.
20 (5) An order directing the offender to clean up and
21 repair the damage, if the offender was convicted under
22 paragraph (h) of Section 21-1 of the Criminal Code of
23 1961.
24 (6) A fine.
25 (7) An order directing the offender to make
26 restitution to the victim under Section 5-5-6 of this
27 Code.
28 (8) A sentence of participation in a county impact
29 incarceration program under Section 5-8-1.2 of this Code.
30 Whenever an individual is sentenced for an offense based
31 upon an arrest for a violation of Section 11-501 of the
32 Illinois Vehicle Code, or a similar provision of a local
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1 ordinance, and the professional evaluation recommends
2 remedial or rehabilitative treatment or education, neither
3 the treatment nor the education shall be the sole disposition
4 and either or both may be imposed only in conjunction with
5 another disposition. The court shall monitor compliance with
6 any remedial education or treatment recommendations contained
7 in the professional evaluation. Programs conducting alcohol
8 or other drug evaluation or remedial education must be
9 licensed by the Department of Human Services. However, if
10 the individual is not a resident of Illinois, the court may
11 accept an alcohol or other drug evaluation or remedial
12 education program in the state of such individual's
13 residence. Programs providing treatment must be licensed
14 under existing applicable alcoholism and drug treatment
15 licensure standards.
16 In addition to any other fine or penalty required by law,
17 any individual convicted of a violation of Section 11-501 of
18 the Illinois Vehicle Code or a similar provision of local
19 ordinance, whose operation of a motor vehicle while in
20 violation of Section 11-501 or such ordinance proximately
21 caused an incident resulting in an appropriate emergency
22 response, shall be required to make restitution to a public
23 agency for the costs of that emergency response. Such
24 restitution shall not exceed $500 per public agency for each
25 such emergency response. For the purpose of this paragraph,
26 emergency response shall mean any incident requiring a
27 response by: a police officer as defined under Section 1-162
28 of the Illinois Vehicle Code; a fireman carried on the rolls
29 of a regularly constituted fire department; and an ambulance
30 as defined under Section 4.05 of the Emergency Medical
31 Services (EMS) Systems Act.
32 Neither a fine nor restitution shall be the sole
33 disposition for a felony and either or both may be imposed
34 only in conjunction with another disposition.
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1 (c) (1) When a defendant is found guilty of first degree
2 murder the State may either seek a sentence of
3 imprisonment under Section 5-8-1 of this Code, or where
4 appropriate seek a sentence of death under Section 9-1 of
5 the Criminal Code of 1961.
6 (2) A period of probation, a term of periodic
7 imprisonment or conditional discharge shall not be
8 imposed for the following offenses. The court shall
9 sentence the offender to not less than the minimum term
10 of imprisonment set forth in this Code for the following
11 offenses, and may order a fine or restitution or both in
12 conjunction with such term of imprisonment:
13 (A) First degree murder where the death
14 penalty is not imposed.
15 (B) Attempted first degree murder.
16 (C) A Class X felony.
17 (D) A violation of Section 401.1 or 407 of the
18 Illinois Controlled Substances Act, or a violation
19 of subdivision (c)(2) of Section 401 of that Act
20 which relates to more than 5 grams of a substance
21 containing cocaine or an analog thereof.
22 (E) A violation of Section 5.1 or 9 of the
23 Cannabis Control Act.
24 (F) A Class 2 or greater felony if the
25 offender had been convicted of a Class 2 or greater
26 felony within 10 years of the date on which he
27 committed the offense for which he is being
28 sentenced.
29 (G) Residential burglary.
30 (H) Criminal sexual assault, except as
31 otherwise provided in subsection (e) of this
32 Section.
33 (I) Aggravated battery of a senior citizen.
34 (J) A forcible felony if the offense was
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1 related to the activities of an organized gang.
2 Before July 1, 1994, for the purposes of this
3 paragraph, "organized gang" means an association of
4 5 or more persons, with an established hierarchy,
5 that encourages members of the association to
6 perpetrate crimes or provides support to the members
7 of the association who do commit crimes.
8 Beginning July 1, 1994, for the purposes of
9 this paragraph, "organized gang" has the meaning
10 ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (K) Vehicular hijacking.
13 (L) A second or subsequent conviction for the
14 offense of hate crime when the underlying offense
15 upon which the hate crime is based is felony
16 aggravated assault or felony mob action.
17 (M) A second or subsequent conviction for the
18 offense of institutional vandalism if the damage to
19 the property exceeds $300.
20 (N) A Class 3 felony violation of paragraph
21 (1) of subsection (a) of Section 2 of the Firearm
22 Owners Identification Card Act.
23 (O) A violation of Section 12-6.1 of the
24 Criminal Code of 1961.
25 (P) A violation of paragraph (1), (2), (3),
26 (4), (5), or (7) of subsection (a) of Section
27 11-20.1 of the Criminal Code of 1961.
28 (3) A minimum term of imprisonment of not less than
29 48 consecutive hours or 100 hours of community service as
30 may be determined by the court shall be imposed for a
31 second or subsequent violation committed within 5 years
32 of a previous violation of Section 11-501 of the Illinois
33 Vehicle Code or a similar provision of a local ordinance.
34 (4) A minimum term of imprisonment of not less than
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1 7 consecutive days or 30 days of community service shall
2 be imposed for a violation of paragraph (c) of Section
3 6-303 of the Illinois Vehicle Code.
4 (4.1) A minimum term of 30 consecutive days of
5 imprisonment, 40 days of 24 hour periodic imprisonment or
6 720 hours of community service, as may be determined by
7 the court, shall be imposed for a violation of Section
8 11-501 of the Illinois Vehicle Code during a period in
9 which the defendant's driving privileges are revoked or
10 suspended, where the revocation or suspension was for a
11 violation of Section 11-501 or Section 11-501.1 of that
12 Code.
13 (5) The court may sentence an offender convicted of
14 a business offense or a petty offense or a corporation or
15 unincorporated association convicted of any offense to:
16 (A) a period of conditional discharge;
17 (B) a fine;
18 (C) make restitution to the victim under
19 Section 5-5-6 of this Code.
20 (6) In no case shall an offender be eligible for a
21 disposition of probation or conditional discharge for a
22 Class 1 felony committed while he was serving a term of
23 probation or conditional discharge for a felony.
24 (7) When a defendant is adjudged a habitual
25 criminal under Article 33B of the Criminal Code of 1961,
26 the court shall sentence the defendant to a term of
27 natural life imprisonment.
28 (8) When a defendant, over the age of 21 years, is
29 convicted of a Class 1 or Class 2 felony, after having
30 twice been convicted of any Class 2 or greater Class
31 felonies in Illinois, and such charges are separately
32 brought and tried and arise out of different series of
33 acts, such defendant shall be sentenced as a Class X
34 offender. This paragraph shall not apply unless (1) the
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1 first felony was committed after the effective date of
2 this amendatory Act of 1977; and (2) the second felony
3 was committed after conviction on the first; and (3) the
4 third felony was committed after conviction on the
5 second.
6 (9) A defendant convicted of a second or subsequent
7 offense of ritualized abuse of a child may be sentenced
8 to a term of natural life imprisonment.
9 (10) Beginning July 1, 1994, unless sentencing
10 under Section 33B-1 is applicable, a term of imprisonment
11 of not less than 15 years nor more than 50 years shall be
12 imposed on a defendant who violates Section 33A-2 of the
13 Criminal Code of 1961 with a firearm, when that person
14 has been convicted in any state or federal court of 3 or
15 more of the following offenses: treason, first degree
16 murder, second degree murder, aggravated criminal sexual
17 assault, criminal sexual assault, robbery, burglary,
18 arson, kidnaping, aggravated battery resulting in great
19 bodily harm or permanent disability or disfigurement, or
20 a violation of Section 401(a) of the Illinois Controlled
21 Substances Act, when the third offense was committed
22 after conviction on the second, the second offense was
23 committed after conviction on the first, and the
24 violation of Section 33A-2 of the Criminal Code of 1961
25 was committed after conviction on the third.
26 (11) Beginning July 1, 1994, a term of imprisonment
27 of not less than 10 years and not more than 30 years
28 shall be imposed on a defendant who violates Section
29 33A-2 with a Category I weapon where the offense was
30 committed in any school, or any conveyance owned, leased,
31 or contracted by a school to transport students to or
32 from school or a school related activity, on the real
33 property comprising any school or public park, and where
34 the offense was related to the activities of an organized
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1 gang. For the purposes of this paragraph (11),
2 "organized gang" has the meaning ascribed to it in
3 Section 10 of the Illinois Streetgang Terrorism Omnibus
4 Prevention Act.
5 (d) In any case in which a sentence originally imposed
6 is vacated, the case shall be remanded to the trial court.
7 The trial court shall hold a hearing under Section 5-4-1 of
8 the Unified Code of Corrections which may include evidence of
9 the defendant's life, moral character and occupation during
10 the time since the original sentence was passed. The trial
11 court shall then impose sentence upon the defendant. The
12 trial court may impose any sentence which could have been
13 imposed at the original trial subject to Section 5-5-4 of the
14 Unified Code of Corrections.
15 (e) In cases where prosecution for criminal sexual
16 assault or aggravated criminal sexual abuse under Section
17 12-13 or 12-16 of the Criminal Code of 1961 results in
18 conviction of a defendant who was a family member of the
19 victim at the time of the commission of the offense, the
20 court shall consider the safety and welfare of the victim and
21 may impose a sentence of probation only where:
22 (1) the court finds (A) or (B) or both are
23 appropriate:
24 (A) the defendant is willing to undergo a
25 court approved counseling program for a minimum
26 duration of 2 years; or
27 (B) the defendant is willing to participate in
28 a court approved plan including but not limited to
29 the defendant's:
30 (i) removal from the household;
31 (ii) restricted contact with the victim;
32 (iii) continued financial support of the
33 family;
34 (iv) restitution for harm done to the
SB1426 Enrolled -9- LRB9011373RCcd
1 victim; and
2 (v) compliance with any other measures
3 that the court may deem appropriate; and
4 (2) the court orders the defendant to pay for the
5 victim's counseling services, to the extent that the
6 court finds, after considering the defendant's income and
7 assets, that the defendant is financially capable of
8 paying for such services, if the victim was under 18
9 years of age at the time the offense was committed and
10 requires counseling as a result of the offense.
11 Probation may be revoked or modified pursuant to Section
12 5-6-4; except where the court determines at the hearing that
13 the defendant violated a condition of his or her probation
14 restricting contact with the victim or other family members
15 or commits another offense with the victim or other family
16 members, the court shall revoke the defendant's probation and
17 impose a term of imprisonment.
18 For the purposes of this Section, "family member" and
19 "victim" shall have the meanings ascribed to them in Section
20 12-12 of the Criminal Code of 1961.
21 (f) This Article shall not deprive a court in other
22 proceedings to order a forfeiture of property, to suspend or
23 cancel a license, to remove a person from office, or to
24 impose any other civil penalty.
25 (g) Whenever a defendant is convicted of an offense
26 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
27 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
28 12-15 or 12-16 of the Criminal Code of 1961, the defendant
29 shall undergo medical testing to determine whether the
30 defendant has any sexually transmissible disease, including a
31 test for infection with human immunodeficiency virus (HIV) or
32 any other identified causative agent of acquired
33 immunodeficiency syndrome (AIDS). Any such medical test
34 shall be performed only by appropriately licensed medical
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1 practitioners and may include an analysis of any bodily
2 fluids as well as an examination of the defendant's person.
3 Except as otherwise provided by law, the results of such test
4 shall be kept strictly confidential by all medical personnel
5 involved in the testing and must be personally delivered in a
6 sealed envelope to the judge of the court in which the
7 conviction was entered for the judge's inspection in camera.
8 Acting in accordance with the best interests of the victim
9 and the public, the judge shall have the discretion to
10 determine to whom, if anyone, the results of the testing may
11 be revealed. The court shall notify the defendant of the test
12 results. The court shall also notify the victim if requested
13 by the victim, and if the victim is under the age of 15 and
14 if requested by the victim's parents or legal guardian, the
15 court shall notify the victim's parents or legal guardian of
16 the test results. The court shall provide information on the
17 availability of HIV testing and counseling at Department of
18 Public Health facilities to all parties to whom the results
19 of the testing are revealed and shall direct the State's
20 Attorney to provide the information to the victim when
21 possible. A State's Attorney may petition the court to obtain
22 the results of any HIV test administered under this Section,
23 and the court shall grant the disclosure if the State's
24 Attorney shows it is relevant in order to prosecute a charge
25 of criminal transmission of HIV under Section 12-16.2 of the
26 Criminal Code of 1961 against the defendant. The court shall
27 order that the cost of any such test shall be paid by the
28 county and may be taxed as costs against the convicted
29 defendant.
30 (g-5) When an inmate is tested for an airborne
31 communicable disease, as determined by the Illinois
32 Department of Public Health including but not limited to
33 tuberculosis, the results of the test shall be personally
34 delivered by the warden or his or her designee in a sealed
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1 envelope to the judge of the court in which the inmate must
2 appear for the judge's inspection in camera if requested by
3 the judge. Acting in accordance with the best interests of
4 those in the courtroom, the judge shall have the discretion
5 to determine what if any precautions need to be taken to
6 prevent transmission of the disease in the courtroom.
7 (h) Whenever a defendant is convicted of an offense
8 under Section 1 or 2 of the Hypodermic Syringes and Needles
9 Act, the defendant shall undergo medical testing to determine
10 whether the defendant has been exposed to human
11 immunodeficiency virus (HIV) or any other identified
12 causative agent of acquired immunodeficiency syndrome (AIDS).
13 Except as otherwise provided by law, the results of such test
14 shall be kept strictly confidential by all medical personnel
15 involved in the testing and must be personally delivered in a
16 sealed envelope to the judge of the court in which the
17 conviction was entered for the judge's inspection in camera.
18 Acting in accordance with the best interests of the public,
19 the judge shall have the discretion to determine to whom, if
20 anyone, the results of the testing may be revealed. The court
21 shall notify the defendant of a positive test showing an
22 infection with the human immunodeficiency virus (HIV). The
23 court shall provide information on the availability of HIV
24 testing and counseling at Department of Public Health
25 facilities to all parties to whom the results of the testing
26 are revealed and shall direct the State's Attorney to provide
27 the information to the victim when possible. A State's
28 Attorney may petition the court to obtain the results of any
29 HIV test administered under this Section, and the court
30 shall grant the disclosure if the State's Attorney shows it
31 is relevant in order to prosecute a charge of criminal
32 transmission of HIV under Section 12-16.2 of the Criminal
33 Code of 1961 against the defendant. The court shall order
34 that the cost of any such test shall be paid by the county
SB1426 Enrolled -12- LRB9011373RCcd
1 and may be taxed as costs against the convicted defendant.
2 (i) All fines and penalties imposed under this Section
3 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
4 Vehicle Code, or a similar provision of a local ordinance,
5 and any violation of the Child Passenger Protection Act, or a
6 similar provision of a local ordinance, shall be collected
7 and disbursed by the circuit clerk as provided under Section
8 27.5 of the Clerks of Courts Act.
9 (j) In cases when prosecution for any violation of
10 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
12 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
13 12-16 of the Criminal Code of 1961, any violation of the
14 Illinois Controlled Substances Act, or any violation of the
15 Cannabis Control Act results in conviction, a disposition of
16 court supervision, or an order of probation granted under
17 Section 10 of the Cannabis Control Act or Section 410 of the
18 Illinois Controlled Substance Act of a defendant, the court
19 shall determine whether the defendant is employed by a
20 facility or center as defined under the Child Care Act of
21 1969, a public or private elementary or secondary school, or
22 otherwise works with children under 18 years of age on a
23 daily basis. When a defendant is so employed, the court
24 shall order the Clerk of the Court to send a copy of the
25 judgment of conviction or order of supervision or probation
26 to the defendant's employer by certified mail. If the
27 employer of the defendant is a school, the Clerk of the Court
28 shall direct the mailing of a copy of the judgment of
29 conviction or order of supervision or probation to the
30 appropriate regional superintendent of schools. The regional
31 superintendent of schools shall notify the State Board of
32 Education of any notification under this subsection.
33 (j-5) A defendant at least 17 years of age who is
34 convicted of a felony and who has not been previously
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1 convicted of a misdemeanor or felony and who is sentenced to
2 a term of imprisonment in the Illinois Department of
3 Corrections shall as a condition of his or her sentence be
4 required by the court to attend educational courses designed
5 to prepare the defendant for a high school diploma and to
6 work toward a high school diploma or to work toward passing
7 the high school level Test of General Educational Development
8 (GED) or to work toward completing a vocational training
9 program offered by the Department of Corrections. If a
10 defendant fails to complete the educational training required
11 by his or her sentence during the term of incarceration, the
12 Prisoner Review Board shall, as a condition of mandatory
13 supervised release, require the defendant, at his or her own
14 expense, to pursue a course of study toward a high school
15 diploma or passage of the GED test. The Prisoner Review
16 Board shall revoke the mandatory supervised release of a
17 defendant who wilfully fails to comply with this subsection
18 (j-5) upon his or her release from confinement in a penal
19 institution while serving a mandatory supervised release
20 term; however, the inability of the defendant after making a
21 good faith effort to obtain financial aid or pay for the
22 educational training shall not be deemed a wilful failure to
23 comply. The Prisoner Review Board shall recommit the
24 defendant whose mandatory supervised release term has been
25 revoked under this subsection (j-5) as provided in Section
26 3-3-9. This subsection (j-5) does not apply to a defendant
27 who has a high school diploma or has successfully passed the
28 GED test. This subsection (j-5) does not apply to a defendant
29 who is determined by the court to be developmentally disabled
30 or otherwise mentally incapable of completing the educational
31 or vocational program.
32 (k) A court may not impose a sentence or disposition for
33 a felony or misdemeanor that requires the defendant to be
34 implanted or injected with or to use any form of birth
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1 control.
2 (l)(A) Except as provided in paragraph (C) of subsection
3 (l), whenever a defendant, who is an alien as defined by the
4 Immigration and Nationality Act, is convicted of any felony
5 or misdemeanor offense, the court after sentencing the
6 defendant may, upon motion of the State's Attorney, hold
7 sentence in abeyance and remand the defendant to the custody
8 of the Attorney General of the United States or his or her
9 designated agent to be deported when:
10 (1) a final order of deportation has been issued
11 against the defendant pursuant to proceedings under the
12 Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct and
15 would not be inconsistent with the ends of justice.
16 Otherwise, the defendant shall be sentenced as provided
17 in this Chapter V.
18 (B) If the defendant has already been sentenced for a
19 felony or misdemeanor offense, or has been placed on
20 probation under Section 10 of the Cannabis Control Act or
21 Section 410 of the Illinois Controlled Substances Act, the
22 court may, upon motion of the State's Attorney to suspend the
23 sentence imposed, commit the defendant to the custody of the
24 Attorney General of the United States or his or her
25 designated agent when:
26 (1) a final order of deportation has been issued
27 against the defendant pursuant to proceedings under the
28 Immigration and Nationality Act, and
29 (2) the deportation of the defendant would not
30 deprecate the seriousness of the defendant's conduct and
31 would not be inconsistent with the ends of justice.
32 (C) This subsection (l) does not apply to offenders who
33 are subject to the provisions of paragraph (2) of subsection
34 (a) of Section 3-6-3.
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1 (D) Upon motion of the State's Attorney, if a defendant
2 sentenced under this Section returns to the jurisdiction of
3 the United States, the defendant shall be recommitted to the
4 custody of the county from which he or she was sentenced.
5 Thereafter, the defendant shall be brought before the
6 sentencing court, which may impose any sentence that was
7 available under Section 5-5-3 at the time of initial
8 sentencing. In addition, the defendant shall not be eligible
9 for additional good conduct credit for meritorious service as
10 provided under Section 3-6-6.
11 (m) A person convicted of criminal defacement of
12 property under Section 21-1.3 of the Criminal Code of 1961,
13 in which the property damage exceeds $300 and the property
14 damaged is a school building, shall be ordered to perform
15 community service that may include cleanup, removal, or
16 painting over the defacement.
17 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
18 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
19 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
20 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
21 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)