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1 | AN ACT concerning sexual assault.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Sexual Assault Survivors Emergency | ||||||
5 | Treatment Act is amended by changing Section 6.4 as follows:
| ||||||
6 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
7 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
8 | (a) There is created a statewide sexual assault evidence | ||||||
9 | collection program
to facilitate the prosecution of persons | ||||||
10 | accused of sexual assault. This
program shall be administered | ||||||
11 | by the Illinois
State Police. The program shall
consist of the | ||||||
12 | following: (1) distribution of sexual assault evidence
| ||||||
13 | collection kits which have been approved by the Illinois
State | ||||||
14 | Police to hospitals that request them, or arranging for
such | ||||||
15 | distribution by the manufacturer of the kits, (2) collection of | ||||||
16 | the kits
from hospitals after the kits have been used to | ||||||
17 | collect
evidence, (3) analysis of the collected evidence and | ||||||
18 | conducting of laboratory
tests, and (4) maintaining the chain | ||||||
19 | of custody and safekeeping of the evidence
for use in a legal | ||||||
20 | proceeding , and (5) the comparison of the collected evidence | ||||||
21 | with the genetic marker grouping analysis information | ||||||
22 | maintained by the Department of State Police under Section | ||||||
23 | 5-4-3 of the Unified Code of Corrections and with the | ||||||
24 | information contained in the Federal Bureau of Investigation's | ||||||
25 | National DNA database; provided the amount and quality of | ||||||
26 | genetic marker grouping results obtained from the evidence in | ||||||
27 | the sexual assault case meets the requirements of both the | ||||||
28 | Department of State Police and the Federal Bureau of | ||||||
29 | Investigation's Combined DNA Index System (CODIS) policies . | ||||||
30 | The standardized evidence collection kit for
the State of | ||||||
31 | Illinois shall be the State Police Evidence Collection Kit, | ||||||
32 | also
known as "S.P.E.C.K.".
A sexual assault evidence |
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| |||||||
1 | collection kit may not be released by a hospital
without the | ||||||
2 | written consent of the sexual assault survivor. In the case of | ||||||
3 | a
survivor who is a minor 13 years of age or older, evidence | ||||||
4 | and
information concerning the alleged sexual assault may be | ||||||
5 | released at the
written request of the minor. If the survivor | ||||||
6 | is a minor who is under 13 years
of age, evidence and | ||||||
7 | information concerning the alleged sexual assault may be
| ||||||
8 | released at the written request of the parent, guardian, | ||||||
9 | investigating law
enforcement officer, or Department of | ||||||
10 | Children and Family Services. Any health
care professional, | ||||||
11 | including any physician or nurse, sexual assault nurse
| ||||||
12 | examiner, and any health care
institution, including any | ||||||
13 | hospital, who provides evidence or information to a
law | ||||||
14 | enforcement officer pursuant to a written request as specified | ||||||
15 | in this
Section is immune from any civil or professional | ||||||
16 | liability that might arise
from those actions, with the | ||||||
17 | exception of willful or wanton misconduct. The
immunity | ||||||
18 | provision applies only if all of the requirements of this | ||||||
19 | Section are
met.
| ||||||
20 | (a-5) All sexual assault evidence collected using the State | ||||||
21 | Police Evidence Collection Kits before the effective date of | ||||||
22 | this amendatory Act of the 93rd General Assembly that have not | ||||||
23 | been previously analyzed and tested by the Department of State | ||||||
24 | Police shall be analyzed and tested within 2 years after | ||||||
25 | receipt of all necessary evidence and standards into the State | ||||||
26 | Police Laboratory if sufficient staffing and resources are | ||||||
27 | available. All sexual assault evidence collected using the | ||||||
28 | State Police Evidence Collection Kits on or after the effective | ||||||
29 | date of this amendatory Act of the 93rd General Assembly shall | ||||||
30 | be analyzed and tested by the Department of State Police within | ||||||
31 | one year after receipt of all necessary evidence and standards | ||||||
32 | into the State Police Laboratory if sufficient staffing and | ||||||
33 | resources are available.
| ||||||
34 | (b) The Illinois State Police shall administer a program to | ||||||
35 | train hospitals
and hospital personnel participating in the | ||||||
36 | sexual assault evidence collection
program, in the correct use |
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| |||||||
1 | and application of the sexual assault evidence
collection kits. | ||||||
2 | A sexual assault nurse examiner may conduct
examinations using | ||||||
3 | the sexual assault evidence collection kits, without the
| ||||||
4 | presence or participation of a physician. The Department of | ||||||
5 | Public Health
shall
cooperate with the Illinois State Police in | ||||||
6 | this
program as it pertains to medical aspects of the evidence | ||||||
7 | collection.
| ||||||
8 | (c) In this Section, "sexual assault nurse examiner" means | ||||||
9 | a registered
nurse
who has completed a sexual assault nurse | ||||||
10 | examiner (SANE) training program that
meets the Forensic Sexual | ||||||
11 | Assault Nurse Examiner Education Guidelines
established by the | ||||||
12 | International Association of Forensic Nurses.
| ||||||
13 | (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
| ||||||
14 | Section 10. The Unified Code of Corrections is amended by | ||||||
15 | changing Section 5-4-3 as follows:
| ||||||
16 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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17 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
18 | certain
offenses or institutionalized as sexually dangerous; | ||||||
19 | specimens;
genetic marker groups.
| ||||||
20 | (a) Any person convicted of, found guilty under the | ||||||
21 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
22 | of court supervision for, a qualifying
offense or attempt of a | ||||||
23 | qualifying offense, convicted or found guilty of any
offense | ||||||
24 | classified as a felony under Illinois law, found guilty or | ||||||
25 | given
supervision for any offense classified as a felony under | ||||||
26 | the Juvenile Court Act
of 1987, or institutionalized as a | ||||||
27 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
28 | Act, or committed as a sexually violent person under the
| ||||||
29 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
30 | the sentence or
disposition imposed, be required to submit | ||||||
31 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
32 | Department of State Police in accordance with the
provisions of | ||||||
33 | this Section, provided such person is:
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34 | (1) convicted of a qualifying offense or attempt of a |
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| |||||||
1 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
2 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
3 | probation, conditional discharge or any other form of | ||||||
4 | sentence, or given a
disposition of court supervision for | ||||||
5 | the offense;
| ||||||
6 | (1.5) found guilty or given supervision under the | ||||||
7 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
8 | attempt of a qualifying offense on or after
January 1, | ||||||
9 | 1997;
| ||||||
10 | (2) ordered institutionalized as a sexually dangerous | ||||||
11 | person on or after
July 1, 1990;
| ||||||
12 | (3) convicted of a qualifying offense or attempt of a | ||||||
13 | qualifying offense
before July 1, 1990
and is presently | ||||||
14 | confined as a result of such conviction in any State
| ||||||
15 | correctional facility or county jail or is presently | ||||||
16 | serving a sentence of
probation, conditional discharge or | ||||||
17 | periodic imprisonment as a result of such
conviction;
| ||||||
18 | (3.5) convicted or found guilty of any offense | ||||||
19 | classified as a felony
under Illinois law or found guilty | ||||||
20 | or given supervision for such an offense
under the Juvenile | ||||||
21 | Court Act of 1987 on or after August 22, 2002;
| ||||||
22 | (4) presently institutionalized as a sexually | ||||||
23 | dangerous person or
presently institutionalized as a | ||||||
24 | person found guilty but mentally ill of a
sexual offense or | ||||||
25 | attempt to commit a sexual offense;
| ||||||
26 | (4.5) ordered committed as a sexually violent person on | ||||||
27 | or after the
effective date of the Sexually Violent Persons | ||||||
28 | Commitment Act; or
| ||||||
29 | (5) seeking transfer to or residency in Illinois under | ||||||
30 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
31 | Corrections and the Interstate Compact
for Adult Offender | ||||||
32 | Supervision or the Interstate Agreements on Sexually
| ||||||
33 | Dangerous Persons Act.
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34 | Notwithstanding other provisions of this Section, any | ||||||
35 | person incarcerated in
a facility of the Illinois Department of | ||||||
36 | Corrections on or after August 22,
2002 shall be required to |
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1 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
2 | her final discharge or release on parole or mandatory
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3 | supervised release, as a
condition of his or her parole or | ||||||
4 | mandatory supervised release.
| ||||||
5 | (a-5) Any person who was otherwise convicted of or received | ||||||
6 | a disposition
of court supervision for any other offense under | ||||||
7 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
8 | supervision for such a violation under the
Juvenile Court Act | ||||||
9 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
10 | by an order of the court to submit specimens of blood, saliva, | ||||||
11 | or
tissue to the Illinois Department of State Police in | ||||||
12 | accordance with the
provisions of this Section.
| ||||||
13 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
14 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
15 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
16 | tissue within 45 days after sentencing or
disposition at a | ||||||
17 | collection site designated by the Illinois Department of
State | ||||||
18 | Police.
| ||||||
19 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
20 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
21 | be required to provide
such samples prior to final discharge, | ||||||
22 | parole, or release at a collection
site designated by the | ||||||
23 | Illinois Department of State Police.
| ||||||
24 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
25 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
26 | required to provide the
specimens before being accepted for | ||||||
27 | conditioned residency in Illinois under
the interstate compact | ||||||
28 | or agreement, but no later than 45 days after arrival
in this | ||||||
29 | State.
| ||||||
30 | (c-6) The Illinois Department of State Police may determine | ||||||
31 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
32 | is acceptable for submission
to the Division of Forensic | ||||||
33 | Services for analysis.
| ||||||
34 | (d) The Illinois Department of State Police shall provide | ||||||
35 | all equipment
and instructions necessary for the collection of | ||||||
36 | blood samples.
The collection of samples shall be performed in |
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| |||||||
1 | a medically approved
manner. Only a physician authorized to | ||||||
2 | practice medicine, a registered
nurse or other qualified person | ||||||
3 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
4 | this Act. The samples
shall thereafter be forwarded to the | ||||||
5 | Illinois Department of State Police,
Division of Forensic | ||||||
6 | Services, for analysis and
categorizing into genetic marker | ||||||
7 | groupings.
| ||||||
8 | (d-1) The Illinois Department of State Police shall provide | ||||||
9 | all equipment
and instructions necessary for the collection of | ||||||
10 | saliva samples. The
collection of saliva samples shall be | ||||||
11 | performed in a medically approved manner.
Only a person trained | ||||||
12 | in the instructions promulgated by the Illinois State
Police on | ||||||
13 | collecting saliva may collect saliva for the purposes of this
| ||||||
14 | Section. The samples shall thereafter be forwarded to the | ||||||
15 | Illinois Department
of State Police, Division of Forensic | ||||||
16 | Services, for analysis and categorizing
into genetic marker | ||||||
17 | groupings.
| ||||||
18 | (d-2) The Illinois Department of State Police shall provide | ||||||
19 | all equipment
and instructions necessary for the collection of | ||||||
20 | tissue samples. The
collection of tissue samples shall be | ||||||
21 | performed in a medically approved
manner. Only a person trained | ||||||
22 | in the instructions promulgated by the Illinois
State Police on | ||||||
23 | collecting tissue may collect tissue for the purposes of this
| ||||||
24 | Section. The samples shall thereafter be forwarded to the | ||||||
25 | Illinois Department
of State Police, Division of Forensic | ||||||
26 | Services, for analysis and categorizing
into genetic marker | ||||||
27 | groupings.
| ||||||
28 | (d-5) To the extent that funds are available, the Illinois | ||||||
29 | Department of
State Police shall contract with qualified | ||||||
30 | personnel and certified laboratories
for the collection, | ||||||
31 | analysis, and categorization of known samples.
| ||||||
32 | (d-6) Agencies designated by the Illinois Department of | ||||||
33 | State Police and
the Illinois Department of State Police may | ||||||
34 | contract with third parties to
provide for the collection or | ||||||
35 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
36 | tissue samples.
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1 | (e) The genetic marker groupings shall be maintained by the | ||||||
2 | Illinois
Department of State Police, Division of Forensic | ||||||
3 | Services.
| ||||||
4 | (f) The genetic marker grouping analysis information | ||||||
5 | obtained pursuant
to this Act shall be confidential and shall | ||||||
6 | be released only to peace
officers of the United States, of | ||||||
7 | other states or territories, of the
insular possessions of the | ||||||
8 | United States, of foreign countries duly
authorized to receive | ||||||
9 | the same, to all peace officers of the State of
Illinois and to | ||||||
10 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
11 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
12 | genetic marker grouping analysis information obtained pursuant | ||||||
13 | to
this Act shall be used only for (i) valid law enforcement | ||||||
14 | identification
purposes and as required by the Federal Bureau | ||||||
15 | of Investigation for
participation in the National DNA | ||||||
16 | database, (ii) technology
validation
purposes, (iii) a | ||||||
17 | population statistics database, or (iv) quality
assurance
| ||||||
18 | purposes if personally identifying information is removed ,
or
| ||||||
19 | (v)
(iii) assisting in the defense of the criminally accused | ||||||
20 | pursuant
to
Section 116-5 of the Code of Criminal Procedure of | ||||||
21 | 1963 , or (vi) identifying and assisting in the prosecution of a | ||||||
22 | person who is suspected of committing a sexual assault as | ||||||
23 | defined in Section 1a of the Sexual Assault Survivors Emergency | ||||||
24 | Treatment Act . Notwithstanding
any other statutory provision | ||||||
25 | to the contrary,
all information obtained under this Section | ||||||
26 | shall be maintained in a single
State data base, which may be | ||||||
27 | uploaded into a national database, and which
information may be | ||||||
28 | subject to expungement only as set forth in subsection
(f-1).
| ||||||
29 | (f-1) Upon receipt of notification of a reversal of a | ||||||
30 | conviction based on
actual innocence, or of the granting of a | ||||||
31 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
32 | Constitution, if that pardon document specifically
states that | ||||||
33 | the reason for the pardon is the actual innocence of an | ||||||
34 | individual
whose DNA record has been stored in the State or | ||||||
35 | national DNA identification
index in accordance with this | ||||||
36 | Section by the Illinois Department of State
Police, the DNA |
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| |||||||
1 | record shall be expunged from the DNA identification index, and
| ||||||
2 | the Department shall by rule prescribe procedures to ensure | ||||||
3 | that the record and
any samples, analyses, or other documents | ||||||
4 | relating to such record, whether in
the possession of the | ||||||
5 | Department or any law enforcement or police agency, or
any | ||||||
6 | forensic DNA laboratory, including any duplicates or copies | ||||||
7 | thereof, are
destroyed and a letter is sent to the court | ||||||
8 | verifying the expungement is
completed.
| ||||||
9 | (f-5) Any person who intentionally uses genetic marker | ||||||
10 | grouping analysis
information, or any other information | ||||||
11 | derived from a DNA sample, beyond the
authorized uses as | ||||||
12 | provided under this Section, or any other Illinois law, is
| ||||||
13 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
14 | not less than
$5,000.
| ||||||
15 | (f-6) The Illinois Department of State Police may contract | ||||||
16 | with third
parties for the purposes of implementing this | ||||||
17 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
18 | contracting to carry out the functions of
this Section shall be | ||||||
19 | subject to the same restrictions and requirements of this
| ||||||
20 | Section insofar as applicable, as the Illinois Department of | ||||||
21 | State Police, and
to any additional restrictions imposed by the | ||||||
22 | Illinois Department of State
Police.
| ||||||
23 | (g) For the purposes of this Section, "qualifying offense" | ||||||
24 | means any of
the following:
| ||||||
25 | (1) any violation or inchoate violation of Section | ||||||
26 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
27 | Criminal Code of 1961;
| ||||||
28 | (1.1) any violation or inchoate violation of Section | ||||||
29 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
30 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
31 | persons are convicted on or after July 1, 2001;
| ||||||
32 | (2) any former statute of this State which defined a | ||||||
33 | felony sexual
offense;
| ||||||
34 | (3) (blank);
| ||||||
35 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
36 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
|
| |||||||
| |||||||
1 | (5) any violation or inchoate violation of Article 29D | ||||||
2 | of the Criminal
Code of 1961.
| ||||||
3 | (g-5) (Blank).
| ||||||
4 | (h) The Illinois Department of State Police shall be the | ||||||
5 | State central
repository for all genetic marker grouping | ||||||
6 | analysis information obtained
pursuant to this Act. The | ||||||
7 | Illinois Department of State Police may
promulgate rules for | ||||||
8 | the form and manner of the collection of blood, saliva,
or | ||||||
9 | tissue samples and other procedures for the operation of this | ||||||
10 | Act. The
provisions of the Administrative Review Law shall | ||||||
11 | apply to all actions taken
under the rules so promulgated.
| ||||||
12 | (i) (1) A person required to provide a blood, saliva, or | ||||||
13 | tissue specimen
shall
cooperate with the collection of the | ||||||
14 | specimen and any deliberate act by
that person intended to | ||||||
15 | impede, delay or stop the collection of the blood,
saliva, | ||||||
16 | or tissue specimen is a Class A misdemeanor.
| ||||||
17 | (2) In the event that a person's DNA sample is not | ||||||
18 | adequate for any
reason, the person shall provide another | ||||||
19 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
20 | and corrections personnel may employ reasonable force in | ||||||
21 | cases in
which an individual refuses to provide a DNA | ||||||
22 | sample required under this
Act.
| ||||||
23 | (j) Any person required by subsection (a) to submit | ||||||
24 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
25 | Department of State Police for analysis and categorization into
| ||||||
26 | genetic marker grouping, in addition to any other disposition, | ||||||
27 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
28 | the analysis fee is not
paid at the time of sentencing, the | ||||||
29 | court shall establish a fee schedule by
which the entire amount | ||||||
30 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
31 | exceed 24 months from the time of conviction. The inability to
| ||||||
32 | pay this analysis fee shall not be the sole ground to | ||||||
33 | incarcerate the person.
| ||||||
34 | (k) All analysis and categorization fees provided for by | ||||||
35 | subsection (j)
shall be regulated as follows:
| ||||||
36 | (1) The State Offender DNA Identification System Fund |
| |||||||
| |||||||
1 | is hereby created as
a special fund in the State Treasury.
| ||||||
2 | (2) All fees shall be collected by the clerk of the | ||||||
3 | court and forwarded to
the State Offender DNA | ||||||
4 | Identification System Fund for deposit. The
clerk of the | ||||||
5 | circuit court may retain the amount of $10 from each | ||||||
6 | collected
analysis fee to offset administrative costs | ||||||
7 | incurred in carrying out the
clerk's responsibilities | ||||||
8 | under this Section.
| ||||||
9 | (3) Fees deposited into the State Offender DNA | ||||||
10 | Identification System Fund
shall be used by Illinois State | ||||||
11 | Police crime laboratories as designated by the
Director of | ||||||
12 | State Police. These funds shall be in addition to any | ||||||
13 | allocations
made pursuant to existing laws and shall be | ||||||
14 | designated for the exclusive use of
State crime | ||||||
15 | laboratories. These uses may include, but are not limited | ||||||
16 | to, the
following:
| ||||||
17 | (A) Costs incurred in providing analysis and | ||||||
18 | genetic marker
categorization as required by | ||||||
19 | subsection (d).
| ||||||
20 | (B) Costs incurred in maintaining genetic marker | ||||||
21 | groupings as required
by subsection (e).
| ||||||
22 | (C) Costs incurred in the purchase and maintenance | ||||||
23 | of equipment for use
in performing analyses.
| ||||||
24 | (D) Costs incurred in continuing research and | ||||||
25 | development of new
techniques for analysis and genetic | ||||||
26 | marker categorization.
| ||||||
27 | (E) Costs incurred in continuing education, | ||||||
28 | training, and professional
development of forensic | ||||||
29 | scientists regularly employed by these laboratories.
| ||||||
30 | (l) The failure of a person to provide a specimen, or of | ||||||
31 | any person or
agency to collect a specimen, within the 45 day | ||||||
32 | period shall in no way alter
the obligation of the person to | ||||||
33 | submit such specimen, or the authority of the
Illinois | ||||||
34 | Department of State Police or persons designated by the | ||||||
35 | Department to
collect the specimen, or the authority of the | ||||||
36 | Illinois Department of State
Police to accept, analyze and |
| |||||||
| |||||||
1 | maintain the specimen or to maintain or upload
results of | ||||||
2 | genetic marker grouping analysis information into a State or
| ||||||
3 | national database.
| ||||||
4 | (m) If any provision of this amendatory Act of the 93rd | ||||||
5 | General Assembly
is
held unconstitutional or otherwise | ||||||
6 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
7 | General Assembly is not affected.
| ||||||
8 | (Source: P.A. 92-16, eff. 6-28-01; 92-40, eff.
6-29-01; 92-571, | ||||||
9 | eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;
| ||||||
10 | 92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff. | ||||||
11 | 11-19-03; revised 12-9-03.)
|