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90_SB1506eng 720 ILCS 5/20-1.2 new 730 ILCS 5/5-5-3 Amends the Criminal Code of 1961. Creates the offense of residential arson. Defines the offense as knowingly damaging, partially or totally, any building or structure that is the dwelling place of another. Penalty is a Class 1 felony. Amends the Unified Code of Corrections. Provides that a person convicted of residential arson is ineligible for probation, periodic imprisonment, or conditional discharge. Effective immediately. LRB9008746RCmb SB1506 Engrossed LRB9008746RCmb 1 AN ACT relating to criminal law, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 12-11 and adding Section 20-1.2 as follows: 6 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11) 7 Sec. 12-11. Home Invasion. 8 (a) A person who is not a peace officer acting in the 9 line of duty commits home invasion when without authority he 10 or she knowingly enters the dwelling place of another when he 11 or she knows or has reason to know that one or more persons 12 is present or he or she knowingly enters the dwelling place 13 of another and remains in such dwelling place until he or she 14 knows or has reason to know that one or more persons is 15 present and 16 (1) While armed with a dangerous weapon uses force or 17 threatens the imminent use of force upon any person or 18 persons within such dwelling place whether or not injury 19 occurs, or 20 (2) Intentionally causes any injury to any person or 21 persons within such dwelling place. 22 (b) It is an affirmative defense to a charge of home 23 invasion that the accused who knowingly enters the dwelling 24 place of another and remains in such dwelling place until he 25 or she knows or has reason to know that one or more persons 26 is present either immediately leaves such premises or 27 surrenders to the person or persons lawfully present therein 28 without either attempting to cause or causing serious bodily 29 injury to any person present therein. 30 (c) Sentence. Home invasion is a Class X felony. 31 (d) For purposes of this Section, "dwelling place of SB1506 Engrossed -2- LRB9008746RCmb 1 another" includes a dwelling place where the defendant 2 maintains a tenancy interest but from which the defendant has 3 been barred by a divorce decree, judgment of dissolution of 4 marriage, order of protection, or other court order. 5 (Source: P.A. 85-1387; 85-1433; 86-820.) 6 (720 ILCS 5/20-1.2 new) 7 Sec. 20-1.2. Residential arson. 8 (a) A person commits the offense of residential arson 9 when, in the course of committing an arson, he or she 10 knowingly damages, partially or totally, any building or 11 structure that is the dwelling place of another. 12 (b) Sentence. Residential arson is a Class 1 felony. 13 Section 10. The Unified Code of Corrections is amended 14 by changing Section 5-5-3 as follows: 15 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 16 Sec. 5-5-3. Disposition. 17 (a) Every person convicted of an offense shall be 18 sentenced as provided in this Section. 19 (b) The following options shall be appropriate 20 dispositions, alone or in combination, for all felonies and 21 misdemeanors other than those identified in subsection (c) of 22 this Section: 23 (1) A period of probation. 24 (2) A term of periodic imprisonment. 25 (3) A term of conditional discharge. 26 (4) A term of imprisonment. 27 (5) An order directing the offender to clean up and 28 repair the damage, if the offender was convicted under 29 paragraph (h) of Section 21-1 of the Criminal Code of 30 1961. 31 (6) A fine. SB1506 Engrossed -3- LRB9008746RCmb 1 (7) An order directing the offender to make 2 restitution to the victim under Section 5-5-6 of this 3 Code. 4 (8) A sentence of participation in a county impact 5 incarceration program under Section 5-8-1.2 of this Code. 6 Whenever an individual is sentenced for an offense based 7 upon an arrest for a violation of Section 11-501 of the 8 Illinois Vehicle Code, or a similar provision of a local 9 ordinance, and the professional evaluation recommends 10 remedial or rehabilitative treatment or education, neither 11 the treatment nor the education shall be the sole disposition 12 and either or both may be imposed only in conjunction with 13 another disposition. The court shall monitor compliance with 14 any remedial education or treatment recommendations contained 15 in the professional evaluation. Programs conducting alcohol 16 or other drug evaluation or remedial education must be 17 licensed by the Department of Human Services. However, if 18 the individual is not a resident of Illinois, the court may 19 accept an alcohol or other drug evaluation or remedial 20 education program in the state of such individual's 21 residence. Programs providing treatment must be licensed 22 under existing applicable alcoholism and drug treatment 23 licensure standards. 24 In addition to any other fine or penalty required by law, 25 any individual convicted of a violation of Section 11-501 of 26 the Illinois Vehicle Code or a similar provision of local 27 ordinance, whose operation of a motor vehicle while in 28 violation of Section 11-501 or such ordinance proximately 29 caused an incident resulting in an appropriate emergency 30 response, shall be required to make restitution to a public 31 agency for the costs of that emergency response. Such 32 restitution shall not exceed $500 per public agency for each 33 such emergency response. For the purpose of this paragraph, 34 emergency response shall mean any incident requiring a SB1506 Engrossed -4- LRB9008746RCmb 1 response by: a police officer as defined under Section 1-162 2 of the Illinois Vehicle Code; a fireman carried on the rolls 3 of a regularly constituted fire department; and an ambulance 4 as defined under Section 4.05 of the Emergency Medical 5 Services (EMS) Systems Act. 6 Neither a fine nor restitution shall be the sole 7 disposition for a felony and either or both may be imposed 8 only in conjunction with another disposition. 9 (c) (1) When a defendant is found guilty of first degree 10 murder the State may either seek a sentence of 11 imprisonment under Section 5-8-1 of this Code, or where 12 appropriate seek a sentence of death under Section 9-1 of 13 the Criminal Code of 1961. 14 (2) A period of probation, a term of periodic 15 imprisonment or conditional discharge shall not be 16 imposed for the following offenses. The court shall 17 sentence the offender to not less than the minimum term 18 of imprisonment set forth in this Code for the following 19 offenses, and may order a fine or restitution or both in 20 conjunction with such term of imprisonment: 21 (A) First degree murder where the death 22 penalty is not imposed. 23 (B) Attempted first degree murder. 24 (C) A Class X felony. 25 (D) A violation of Section 401.1 or 407 of the 26 Illinois Controlled Substances Act, or a violation 27 of subdivision (c)(2) of Section 401 of that Act 28 which relates to more than 5 grams of a substance 29 containing cocaine or an analog thereof. 30 (E) A violation of Section 5.1 or 9 of the 31 Cannabis Control Act. 32 (F) A Class 2 or greater felony if the 33 offender had been convicted of a Class 2 or greater 34 felony within 10 years of the date on which he SB1506 Engrossed -5- LRB9008746RCmb 1 committed the offense for which he is being 2 sentenced. 3 (G) Residential burglary. 4 (H) Criminal sexual assault, except as 5 otherwise provided in subsection (e) of this 6 Section. 7 (I) Aggravated battery of a senior citizen. 8 (J) A forcible felony if the offense was 9 related to the activities of an organized gang. 10 Before July 1, 1994, for the purposes of this 11 paragraph, "organized gang" means an association of 12 5 or more persons, with an established hierarchy, 13 that encourages members of the association to 14 perpetrate crimes or provides support to the members 15 of the association who do commit crimes. 16 Beginning July 1, 1994, for the purposes of 17 this paragraph, "organized gang" has the meaning 18 ascribed to it in Section 10 of the Illinois 19 Streetgang Terrorism Omnibus Prevention Act. 20 (K) Vehicular hijacking. 21 (L) A second or subsequent conviction for the 22 offense of hate crime when the underlying offense 23 upon which the hate crime is based is felony 24 aggravated assault or felony mob action. 25 (M) A second or subsequent conviction for the 26 offense of institutional vandalism if the damage to 27 the property exceeds $300. 28 (N) A Class 3 felony violation of paragraph 29 (1) of subsection (a) of Section 2 of the Firearm 30 Owners Identification Card Act. 31 (O) A violation of Section 12-6.1 of the 32 Criminal Code of 1961. 33 (P) A violation of paragraph (1), (2), (3), 34 (4), (5), or (7) of subsection (a) of Section SB1506 Engrossed -6- LRB9008746RCmb 1 11-20.1 of the Criminal Code of 1961. 2 (Q) A violation of Section 20-1.2 of the 3 Criminal Code of 1961. 4 (3) A minimum term of imprisonment of not less than 5 48 consecutive hours or 100 hours of community service as 6 may be determined by the court shall be imposed for a 7 second or subsequent violation committed within 5 years 8 of a previous violation of Section 11-501 of the Illinois 9 Vehicle Code or a similar provision of a local ordinance. 10 (4) A minimum term of imprisonment of not less than 11 7 consecutive days or 30 days of community service shall 12 be imposed for a violation of paragraph (c) of Section 13 6-303 of the Illinois Vehicle Code. 14 (4.1) A minimum term of 30 consecutive days of 15 imprisonment, 40 days of 24 hour periodic imprisonment or 16 720 hours of community service, as may be determined by 17 the court, shall be imposed for a violation of Section 18 11-501 of the Illinois Vehicle Code during a period in 19 which the defendant's driving privileges are revoked or 20 suspended, where the revocation or suspension was for a 21 violation of Section 11-501 or Section 11-501.1 of that 22 Code. 23 (5) The court may sentence an offender convicted of 24 a business offense or a petty offense or a corporation or 25 unincorporated association convicted of any offense to: 26 (A) a period of conditional discharge; 27 (B) a fine; 28 (C) make restitution to the victim under 29 Section 5-5-6 of this Code. 30 (6) In no case shall an offender be eligible for a 31 disposition of probation or conditional discharge for a 32 Class 1 felony committed while he was serving a term of 33 probation or conditional discharge for a felony. 34 (7) When a defendant is adjudged a habitual SB1506 Engrossed -7- LRB9008746RCmb 1 criminal under Article 33B of the Criminal Code of 1961, 2 the court shall sentence the defendant to a term of 3 natural life imprisonment. 4 (8) When a defendant, over the age of 21 years, is 5 convicted of a Class 1 or Class 2 felony, after having 6 twice been convicted of any Class 2 or greater Class 7 felonies in Illinois, and such charges are separately 8 brought and tried and arise out of different series of 9 acts, such defendant shall be sentenced as a Class X 10 offender. This paragraph shall not apply unless (1) the 11 first felony was committed after the effective date of 12 this amendatory Act of 1977; and (2) the second felony 13 was committed after conviction on the first; and (3) the 14 third felony was committed after conviction on the 15 second. 16 (9) A defendant convicted of a second or subsequent 17 offense of ritualized abuse of a child may be sentenced 18 to a term of natural life imprisonment. 19 (10) Beginning July 1, 1994, unless sentencing 20 under Section 33B-1 is applicable, a term of imprisonment 21 of not less than 15 years nor more than 50 years shall be 22 imposed on a defendant who violates Section 33A-2 of the 23 Criminal Code of 1961 with a firearm, when that person 24 has been convicted in any state or federal court of 3 or 25 more of the following offenses: treason, first degree 26 murder, second degree murder, aggravated criminal sexual 27 assault, criminal sexual assault, robbery, burglary, 28 arson, kidnaping, aggravated battery resulting in great 29 bodily harm or permanent disability or disfigurement, or 30 a violation of Section 401(a) of the Illinois Controlled 31 Substances Act, when the third offense was committed 32 after conviction on the second, the second offense was 33 committed after conviction on the first, and the 34 violation of Section 33A-2 of the Criminal Code of 1961 SB1506 Engrossed -8- LRB9008746RCmb 1 was committed after conviction on the third. 2 (11) Beginning July 1, 1994, a term of imprisonment 3 of not less than 10 years and not more than 30 years 4 shall be imposed on a defendant who violates Section 5 33A-2 with a Category I weapon where the offense was 6 committed in any school, or any conveyance owned, leased, 7 or contracted by a school to transport students to or 8 from school or a school related activity, on the real 9 property comprising any school or public park, and where 10 the offense was related to the activities of an organized 11 gang. For the purposes of this paragraph (11), 12 "organized gang" has the meaning ascribed to it in 13 Section 10 of the Illinois Streetgang Terrorism Omnibus 14 Prevention Act. 15 (d) In any case in which a sentence originally imposed 16 is vacated, the case shall be remanded to the trial court. 17 The trial court shall hold a hearing under Section 5-4-1 of 18 the Unified Code of Corrections which may include evidence of 19 the defendant's life, moral character and occupation during 20 the time since the original sentence was passed. The trial 21 court shall then impose sentence upon the defendant. The 22 trial court may impose any sentence which could have been 23 imposed at the original trial subject to Section 5-5-4 of the 24 Unified Code of Corrections. 25 (e) In cases where prosecution for criminal sexual 26 assault or aggravated criminal sexual abuse under Section 27 12-13 or 12-16 of the Criminal Code of 1961 results in 28 conviction of a defendant who was a family member of the 29 victim at the time of the commission of the offense, the 30 court shall consider the safety and welfare of the victim and 31 may impose a sentence of probation only where: 32 (1) the court finds (A) or (B) or both are 33 appropriate: 34 (A) the defendant is willing to undergo a SB1506 Engrossed -9- LRB9008746RCmb 1 court approved counseling program for a minimum 2 duration of 2 years; or 3 (B) the defendant is willing to participate in 4 a court approved plan including but not limited to 5 the defendant's: 6 (i) removal from the household; 7 (ii) restricted contact with the victim; 8 (iii) continued financial support of the 9 family; 10 (iv) restitution for harm done to the 11 victim; and 12 (v) compliance with any other measures 13 that the court may deem appropriate; and 14 (2) the court orders the defendant to pay for the 15 victim's counseling services, to the extent that the 16 court finds, after considering the defendant's income and 17 assets, that the defendant is financially capable of 18 paying for such services, if the victim was under 18 19 years of age at the time the offense was committed and 20 requires counseling as a result of the offense. 21 Probation may be revoked or modified pursuant to Section 22 5-6-4; except where the court determines at the hearing that 23 the defendant violated a condition of his or her probation 24 restricting contact with the victim or other family members 25 or commits another offense with the victim or other family 26 members, the court shall revoke the defendant's probation and 27 impose a term of imprisonment. 28 For the purposes of this Section, "family member" and 29 "victim" shall have the meanings ascribed to them in Section 30 12-12 of the Criminal Code of 1961. 31 (f) This Article shall not deprive a court in other 32 proceedings to order a forfeiture of property, to suspend or 33 cancel a license, to remove a person from office, or to 34 impose any other civil penalty. SB1506 Engrossed -10- LRB9008746RCmb 1 (g) Whenever a defendant is convicted of an offense 2 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 3 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 4 12-15 or 12-16 of the Criminal Code of 1961, the defendant 5 shall undergo medical testing to determine whether the 6 defendant has any sexually transmissible disease, including a 7 test for infection with human immunodeficiency virus (HIV) or 8 any other identified causative agent of acquired 9 immunodeficiency syndrome (AIDS). Any such medical test 10 shall be performed only by appropriately licensed medical 11 practitioners and may include an analysis of any bodily 12 fluids as well as an examination of the defendant's person. 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 victim 19 and the public, the judge shall have the discretion to 20 determine to whom, if anyone, the results of the testing may 21 be revealed. The court shall notify the defendant of the test 22 results. The court shall also notify the victim if requested 23 by the victim, and if the victim is under the age of 15 and 24 if requested by the victim's parents or legal guardian, the 25 court shall notify the victim's parents or legal guardian of 26 the test results. The court shall provide information on the 27 availability of HIV testing and counseling at Department of 28 Public Health facilities to all parties to whom the results 29 of the testing are revealed and shall direct the State's 30 Attorney to provide the information to the victim when 31 possible. A State's Attorney may petition the court to obtain 32 the results of any HIV test administered under this Section, 33 and the court shall grant the disclosure if the State's 34 Attorney shows it is relevant in order to prosecute a charge SB1506 Engrossed -11- LRB9008746RCmb 1 of criminal transmission of HIV under Section 12-16.2 of the 2 Criminal Code of 1961 against the defendant. The court shall 3 order that the cost of any such test shall be paid by the 4 county and may be taxed as costs against the convicted 5 defendant. 6 (g-5) When an inmate is tested for an airborne 7 communicable disease, as determined by the Illinois 8 Department of Public Health including but not limited to 9 tuberculosis, the results of the test shall be personally 10 delivered by the warden or his or her designee in a sealed 11 envelope to the judge of the court in which the inmate must 12 appear for the judge's inspection in camera if requested by 13 the judge. Acting in accordance with the best interests of 14 those in the courtroom, the judge shall have the discretion 15 to determine what if any precautions need to be taken to 16 prevent transmission of the disease in the courtroom. 17 (h) Whenever a defendant is convicted of an offense 18 under Section 1 or 2 of the Hypodermic Syringes and Needles 19 Act, the defendant shall undergo medical testing to determine 20 whether the defendant has been exposed to human 21 immunodeficiency virus (HIV) or any other identified 22 causative agent of acquired immunodeficiency syndrome (AIDS). 23 Except as otherwise provided by law, the results of such test 24 shall be kept strictly confidential by all medical personnel 25 involved in the testing and must be personally delivered in a 26 sealed envelope to the judge of the court in which the 27 conviction was entered for the judge's inspection in camera. 28 Acting in accordance with the best interests of the public, 29 the judge shall have the discretion to determine to whom, if 30 anyone, the results of the testing may be revealed. The court 31 shall notify the defendant of a positive test showing an 32 infection with the human immunodeficiency virus (HIV). The 33 court shall provide information on the availability of HIV 34 testing and counseling at Department of Public Health SB1506 Engrossed -12- LRB9008746RCmb 1 facilities to all parties to whom the results of the testing 2 are revealed and shall direct the State's Attorney to provide 3 the information to the victim when possible. A State's 4 Attorney may petition the court to obtain the results of any 5 HIV test administered under this Section, and the court 6 shall grant the disclosure if the State's Attorney shows it 7 is relevant in order to prosecute a charge of criminal 8 transmission of HIV under Section 12-16.2 of the Criminal 9 Code of 1961 against the defendant. The court shall order 10 that the cost of any such test shall be paid by the county 11 and may be taxed as costs against the convicted defendant. 12 (i) All fines and penalties imposed under this Section 13 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 14 Vehicle Code, or a similar provision of a local ordinance, 15 and any violation of the Child Passenger Protection Act, or a 16 similar provision of a local ordinance, shall be collected 17 and disbursed by the circuit clerk as provided under Section 18 27.5 of the Clerks of Courts Act. 19 (j) In cases when prosecution for any violation of 20 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 21 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 22 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 23 12-16 of the Criminal Code of 1961, any violation of the 24 Illinois Controlled Substances Act, or any violation of the 25 Cannabis Control Act results in conviction, a disposition of 26 court supervision, or an order of probation granted under 27 Section 10 of the Cannabis Control Act or Section 410 of the 28 Illinois Controlled Substance Act of a defendant, the court 29 shall determine whether the defendant is employed by a 30 facility or center as defined under the Child Care Act of 31 1969, a public or private elementary or secondary school, or 32 otherwise works with children under 18 years of age on a 33 daily basis. When a defendant is so employed, the court 34 shall order the Clerk of the Court to send a copy of the SB1506 Engrossed -13- LRB9008746RCmb 1 judgment of conviction or order of supervision or probation 2 to the defendant's employer by certified mail. If the 3 employer of the defendant is a school, the Clerk of the Court 4 shall direct the mailing of a copy of the judgment of 5 conviction or order of supervision or probation to the 6 appropriate regional superintendent of schools. The regional 7 superintendent of schools shall notify the State Board of 8 Education of any notification under this subsection. 9 (j-5) A defendant at least 17 years of age who is 10 convicted of a felony and who has not been previously 11 convicted of a misdemeanor or felony and who is sentenced to 12 a term of imprisonment in the Illinois Department of 13 Corrections shall as a condition of his or her sentence be 14 required by the court to attend educational courses designed 15 to prepare the defendant for a high school diploma and to 16 work toward a high school diploma or to work toward passing 17 the high school level Test of General Educational Development 18 (GED) or to work toward completing a vocational training 19 program offered by the Department of Corrections. If a 20 defendant fails to complete the educational training required 21 by his or her sentence during the term of incarceration, the 22 Prisoner Review Board shall, as a condition of mandatory 23 supervised release, require the defendant, at his or her own 24 expense, to pursue a course of study toward a high school 25 diploma or passage of the GED test. The Prisoner Review 26 Board shall revoke the mandatory supervised release of a 27 defendant who wilfully fails to comply with this subsection 28 (j-5) upon his or her release from confinement in a penal 29 institution while serving a mandatory supervised release 30 term; however, the inability of the defendant after making a 31 good faith effort to obtain financial aid or pay for the 32 educational training shall not be deemed a wilful failure to 33 comply. The Prisoner Review Board shall recommit the 34 defendant whose mandatory supervised release term has been SB1506 Engrossed -14- LRB9008746RCmb 1 revoked under this subsection (j-5) as provided in Section 2 3-3-9. This subsection (j-5) does not apply to a defendant 3 who has a high school diploma or has successfully passed the 4 GED test. This subsection (j-5) does not apply to a defendant 5 who is determined by the court to be developmentally disabled 6 or otherwise mentally incapable of completing the educational 7 or vocational program. 8 (k) A court may not impose a sentence or disposition for 9 a felony or misdemeanor that requires the defendant to be 10 implanted or injected with or to use any form of birth 11 control. 12 (l)(A) Except as provided in paragraph (C) of subsection 13 (l), whenever a defendant, who is an alien as defined by the 14 Immigration and Nationality Act, is convicted of any felony 15 or misdemeanor offense, the court after sentencing the 16 defendant may, upon motion of the State's Attorney, hold 17 sentence in abeyance and remand the defendant to the custody 18 of the Attorney General of the United States or his or her 19 designated agent to be deported when: 20 (1) a final order of deportation has been issued 21 against the defendant pursuant to proceedings under the 22 Immigration and Nationality Act, and 23 (2) the deportation of the defendant would not 24 deprecate the seriousness of the defendant's conduct and 25 would not be inconsistent with the ends of justice. 26 Otherwise, the defendant shall be sentenced as provided 27 in this Chapter V. 28 (B) If the defendant has already been sentenced for a 29 felony or misdemeanor offense, or has been placed on 30 probation under Section 10 of the Cannabis Control Act or 31 Section 410 of the Illinois Controlled Substances Act, the 32 court may, upon motion of the State's Attorney to suspend the 33 sentence imposed, commit the defendant to the custody of the 34 Attorney General of the United States or his or her SB1506 Engrossed -15- LRB9008746RCmb 1 designated agent when: 2 (1) a final order of deportation has been issued 3 against the defendant pursuant to proceedings under the 4 Immigration and Nationality Act, and 5 (2) the deportation of the defendant would not 6 deprecate the seriousness of the defendant's conduct and 7 would not be inconsistent with the ends of justice. 8 (C) This subsection (l) does not apply to offenders who 9 are subject to the provisions of paragraph (2) of subsection 10 (a) of Section 3-6-3. 11 (D) Upon motion of the State's Attorney, if a defendant 12 sentenced under this Section returns to the jurisdiction of 13 the United States, the defendant shall be recommitted to the 14 custody of the county from which he or she was sentenced. 15 Thereafter, the defendant shall be brought before the 16 sentencing court, which may impose any sentence that was 17 available under Section 5-5-3 at the time of initial 18 sentencing. In addition, the defendant shall not be eligible 19 for additional good conduct credit for meritorious service as 20 provided under Section 3-6-6. 21 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 22 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 23 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587, 24 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97; 25 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.