Full Text of SB1930 95th General Assembly
SB1930 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1930
Introduced 1/16/2008, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
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Amends the Illinois Vehicle Code. In provisions making a
driver's license invalid for the operation of a motor vehicle during certain hours if the licensee is less than 18 years of age, adds an exception for a person participating as an assigned driver in a Safe Rides program sponsored by the Boy Scouts of America or another national public service organization. In provisions prohibiting certain graduated driver's license holders from operating a motor vehicle with more than one passenger under the age of 20 for the first 12 months they hold the license, adds an exception for a person participating as an assigned driver in such a Safe Rides program if the person has held his or her license for at least 6 months. Effective immediately.
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A BILL FOR
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SB1930 |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-107 and 6-110 as follows:
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 9 |
| develop safe and mature driving habits in young,
inexperienced | 10 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 13 |
| period before
granting
permission to obtain a driver's | 14 |
| license;
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| (2) strengthening driver licensing and testing | 16 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 18 |
| age 21 who have
committed serious traffic violations or | 19 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 21 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 23 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 2 |
| laws of this
State, shall be accompanied by the written consent | 3 |
| of either parent of the
applicant; otherwise by the guardian | 4 |
| having custody of the applicant, or
in the event there is no | 5 |
| parent or guardian, then by another responsible adult. The | 6 |
| written consent must accompany any application for a driver's | 7 |
| license under this subsection (b), regardless of whether or not | 8 |
| the required written consent also accompanied the person's | 9 |
| previous application for an instruction permit.
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| No graduated driver's license shall be issued to any | 11 |
| applicant under 18
years
of age, unless the applicant is at | 12 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 9 | 14 |
| months.
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| (2) Passed an approved driver education course
and | 16 |
| submits proof of having passed the course as may
be | 17 |
| required.
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| (3) Certification by the parent, legal guardian, or | 19 |
| responsible adult that
the applicant has had a minimum of | 20 |
| 50 hours of behind-the-wheel practice time, at least 10 | 21 |
| hours of which have been at night,
and is sufficiently | 22 |
| prepared and able to safely operate a motor vehicle.
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| (b-1) No graduated
driver's license shall be issued to any | 24 |
| applicant who is under 18 years of age
and not legally | 25 |
| emancipated by marriage, unless the applicant has graduated
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| from a secondary school of this State or any other state, is |
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| enrolled in a
course leading to a general educational | 2 |
| development (GED) certificate, has
obtained a GED certificate, | 3 |
| is enrolled in an elementary or secondary school or college or | 4 |
| university
of this State or any other state and is not a | 5 |
| chronic or habitual truant as provided in Section 26-2a of the | 6 |
| School Code, or is receiving home instruction and submits proof | 7 |
| of meeting any of those
requirements at the time of | 8 |
| application.
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| An applicant under 18 years of age who provides proof | 10 |
| acceptable to the Secretary that the applicant has resumed | 11 |
| regular school attendance or home instruction or that his or | 12 |
| her application was denied in error shall be eligible to | 13 |
| receive a graduated license if other requirements are met. The | 14 |
| Secretary shall adopt rules for implementing this subsection | 15 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 17 |
| to
any applicant under 18
years of age who has committed the | 18 |
| offense of operating a motor vehicle
without a valid license or | 19 |
| permit in violation of Section 6-101 of this Code
and no | 20 |
| graduated driver's
license or permit shall be issued to any | 21 |
| applicant under 18 years of age
who has committed an offense | 22 |
| that would otherwise result in a
mandatory revocation of a | 23 |
| license or permit as provided in Section 6-205 of
this Code or | 24 |
| who has been either convicted of or adjudicated a delinquent | 25 |
| based
upon a violation of the Cannabis Control Act, the | 26 |
| Illinois Controlled
Substances Act, or the Methamphetamine |
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| Control and Community Protection Act while that individual was | 2 |
| in actual physical control of a motor
vehicle. For purposes of | 3 |
| this Section, any person placed on probation under
Section 10 | 4 |
| of the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, or Section 70 of the Methamphetamine | 6 |
| Control and Community Protection Act shall not be considered | 7 |
| convicted. Any person found
guilty of this offense, while in | 8 |
| actual physical control of a motor vehicle,
shall have an entry | 9 |
| made in the court record by the judge that this offense did
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| occur while the person was in actual physical control of a | 11 |
| motor vehicle and
order the clerk of the court to report the | 12 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 9 | 14 |
| months to any
applicant
under
the
age of 18 years who has | 15 |
| committed and subsequently been convicted of an offense against | 16 |
| traffic regulations governing the movement of vehicles or any | 17 |
| violation of this Section or Section 12-603.1 of this Code.
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| (e) No graduated driver's license holder under the age
of | 19 |
| 18 years shall operate any
motor vehicle, except a motor driven | 20 |
| cycle or motorcycle, with
more than one passenger in the front | 21 |
| seat of the motor vehicle
and no more passengers in the back | 22 |
| seats than the number of available seat
safety belts as set | 23 |
| forth in Section 12-603 of this Code. If a graduated driver's | 24 |
| license holder over the age of 18 committed an offense against | 25 |
| traffic regulations governing the movement of vehicles or any | 26 |
| violation of this Section or Section 12-603.1 of this Code in |
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| the 6 months prior to the graduated driver's license holder's | 2 |
| 18th birthday, and was subsequently convicted of the violation, | 3 |
| the provisions of this paragraph shall continue to apply until | 4 |
| such time as a period of 6 consecutive months has elapsed | 5 |
| without an additional violation and subsequent conviction of an | 6 |
| offense against traffic regulations governing the movement of | 7 |
| vehicles or any violation of this Section or Section 12-603.1 | 8 |
| of this Code.
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| (f) No graduated driver's license holder under the age of | 10 |
| 18 shall operate a
motor vehicle unless each driver and | 11 |
| passenger under the
age of 19 is wearing a properly adjusted | 12 |
| and fastened seat safety belt and each child under the age of 8 | 13 |
| is protected as required under the Child Passenger Protection | 14 |
| Act. If a graduated driver's license holder over the age of 18 | 15 |
| committed an offense against traffic regulations governing the | 16 |
| movement of vehicles or any violation of this Section or | 17 |
| Section 12-603.1 of this Code in the 6 months prior to the | 18 |
| graduated driver's license holder's 18th birthday, and was | 19 |
| subsequently convicted of the violation, the provisions of this | 20 |
| paragraph shall continue to apply until such time as a period | 21 |
| of 6 consecutive months has elapsed without an additional | 22 |
| violation and subsequent conviction of an offense against | 23 |
| traffic regulations governing the movement of vehicles or any | 24 |
| violation of this Section or Section 12-603.1 of this Code.
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| (g) If a graduated driver's license holder is under the age | 26 |
| of 18 when he
or she receives the license, for the first 12 |
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| months he or she holds the license
or
until he or she reaches | 2 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 4 |
| passenger in the
vehicle
who is under the age of 20, unless any | 5 |
| additional passenger or passengers are
siblings, | 6 |
| step-siblings, children, or stepchildren of the driver ; | 7 |
| however, this restriction does not apply when a graduated | 8 |
| driver's license holder who has held his or her license for at | 9 |
| least 6 months is participating as an assigned driver in a Safe | 10 |
| Rides program that meets the criteria in paragraph (a-2)(9) of | 11 |
| Section 6-110 . If a graduated driver's license holder committed | 12 |
| an offense against traffic regulations governing the movement | 13 |
| of vehicles or any violation of this Section or Section | 14 |
| 12-603.1 of this Code during the first 12 months the license is | 15 |
| held and subsequently is convicted of the violation, the | 16 |
| provisions of this paragraph shall remain in effect until such | 17 |
| time as a period of 6 consecutive months has elapsed without an | 18 |
| additional violation and subsequent conviction of an offense | 19 |
| against traffic regulations governing the movement of vehicles | 20 |
| or any violation of this Section or Section 12-603.1 of this | 21 |
| Code.
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| (h) Except as otherwise provided in subsection (g), it It | 23 |
| shall be an offense for a person that is age 15, but under age | 24 |
| 20, to be a passenger in a vehicle operated by a driver holding | 25 |
| a graduated driver's license during the first 12 months the | 26 |
| driver holds the license or until the driver reaches the age of |
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| 18, whichever occurs sooner, if another passenger under the age | 2 |
| of 20 is present, excluding a sibling, step-sibling, child, or | 3 |
| step-child of the driver.
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| (Source: P.A. 94-239, eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, | 5 |
| eff. 9-11-05; 94-897, eff. 6-22-06; 94-916, eff. 7-1-07; | 6 |
| 95-310, eff. 1-1-08; 95-331, eff. 8-21-07.) | 7 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 10 |
| applicant a
driver's license as applied for, which license | 11 |
| shall bear a
distinguishing
number assigned to the licensee, | 12 |
| the legal name,
zip
code, date of birth, residence address, and | 13 |
| a brief description of the
licensee, and
a space where the | 14 |
| licensee may write his usual signature.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in | 18 |
| his
discretion substitute a federal tax number or other | 19 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 21 |
| Secretary,
include a suitable photograph of a type prescribed | 22 |
| by the Secretary.
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| (a-1) If the licensee is less than 18 years of age, unless | 24 |
| one of the exceptions in subsection (a-2) apply, the license | 25 |
| shall, as a matter of law, be invalid for the operation of any |
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| motor vehicle during the following times: | 2 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 3 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 4 |
| Sunday; and | 5 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 6 |
| inclusive, and 6:00 a.m. on the following day. | 7 |
| (a-2) The driver's license of a person under the age of 18 | 8 |
| shall not be invalid as described in subsection (a-1) of this | 9 |
| Section if the licensee under the age of 18 was: | 10 |
| (1) accompanied by the licensee's parent or guardian or | 11 |
| other person in custody or control of the minor; | 12 |
| (2) on an errand at the direction of the minor's parent | 13 |
| or guardian, without any detour or stop; | 14 |
| (3) in a motor vehicle involved in interstate travel; | 15 |
| (4) going to or returning home from an employment | 16 |
| activity, without any detour or stop; | 17 |
| (5) involved in an emergency; | 18 |
| (6) going to or returning home from, without any detour | 19 |
| or stop, an official school, religious, or other | 20 |
| recreational activity supervised by adults and sponsored | 21 |
| by a government or governmental agency, a civic | 22 |
| organization, or another similar entity that takes | 23 |
| responsibility for the licensee, without any detour or | 24 |
| stop; | 25 |
| (7) exercising First Amendment rights protected by the | 26 |
| United States Constitution, such as the free exercise of |
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| religion, freedom of speech, and the right of assembly; or | 2 |
| (8) married or had been married or is an emancipated | 3 |
| minor under the Emancipation of Minors Act ; or | 4 |
| (9) participating as an assigned driver in a Safe Rides | 5 |
| program that meets the following criteria: | 6 |
| (A) the program is sponsored by the Boy Scouts of | 7 |
| America or another national public service | 8 |
| organization; and | 9 |
| (B) the sponsoring organization carries liability | 10 |
| insurance covering the program . | 11 |
| (a-3) If a graduated driver's license holder over the age | 12 |
| of 18 committed an offense against traffic regulations | 13 |
| governing the movement of vehicles or any violation of Section | 14 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 15 |
| the graduated driver's license holder's 18th birthday, and was | 16 |
| subsequently convicted of the offense, the provisions of | 17 |
| subsection (a-1) shall continue to apply until such time as a | 18 |
| period of 6 consecutive months has elapsed without an | 19 |
| additional violation and subsequent conviction of an offense | 20 |
| against traffic regulations governing the movement of vehicles | 21 |
| or Section 6-107 or Section 12-603.1 of this Code.
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| (b) Until the Secretary of State establishes a First Person | 23 |
| Consent organ and tissue donor registry under Section 6-117 of | 24 |
| this Code, the Secretary of State shall provide a format on the | 25 |
| reverse of
each driver's license issued which the licensee may | 26 |
| use to execute a document
of gift conforming to the provisions |
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| of the Illinois Anatomical Gift Act.
The format shall allow the | 2 |
| licensee to indicate the gift intended, whether
specific | 3 |
| organs, any organ, or the entire body, and shall accommodate | 4 |
| the
signatures of the donor and 2 witnesses. The Secretary | 5 |
| shall also inform
each applicant or licensee of this format, | 6 |
| describe the procedure for its
execution, and may offer the | 7 |
| necessary witnesses; provided that in so doing,
the Secretary | 8 |
| shall advise the applicant or licensee that he or she is
under | 9 |
| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document | 11 |
| shall be given
to each applicant or licensee. The brochure | 12 |
| shall advise the applicant or
licensee that he or she is under | 13 |
| no compulsion to execute a document of
gift, and that he or she | 14 |
| may wish to consult with family, friends or clergy
before doing | 15 |
| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ | 17 |
| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 19 |
| license issued
a space where the licensee may place a sticker | 20 |
| or decal of the uniform
size as the Secretary may specify, | 21 |
| which sticker or decal may indicate in
appropriate language | 22 |
| that the owner of the license carries an Emergency
Medical | 23 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 25 |
| school,
medical group, or association interested in assisting | 26 |
| in implementing
the Emergency Medical Information Card, but |
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| shall meet the specifications
as the Secretary may by rule or | 2 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 4 |
| license issued
a space where the licensee may indicate his | 5 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 7 |
| or renewal driver's license issued to a licensee under
21 years | 8 |
| of age shall be of a distinct nature from those driver's | 9 |
| licenses
issued to individuals 21 years of age and older. The | 10 |
| color designated for
driver's licenses for licensees under 21 | 11 |
| years of age shall be at the
discretion of the Secretary of | 12 |
| State.
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| (e-1) The Secretary shall provide that each driver's | 14 |
| license issued to a
person under the age of 21 displays the | 15 |
| date upon which the person becomes 18
years of age and the date | 16 |
| upon which the person becomes 21 years of age.
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| (f) The Secretary of State shall inform all Illinois | 18 |
| licensed
commercial motor vehicle operators of the | 19 |
| requirements of the Uniform
Commercial Driver License Act, | 20 |
| Article V of this Chapter, and shall make
provisions to insure | 21 |
| that all drivers, seeking to obtain a commercial
driver's | 22 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 25 |
| dates and
locations where these commercial driver's tests shall | 26 |
| be conducted. Any
applicant, regardless of the current |
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| expiration date of the applicant's
driver's license, may be | 2 |
| subject to any assignment by the Secretary.
Failure to comply | 3 |
| with the Secretary's assignment may result in the
applicant's | 4 |
| forfeiture of an opportunity to receive a commercial driver's
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| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 7 |
| license issued, a space where the licensee may indicate that he | 8 |
| or
she has drafted a living will in accordance with the | 9 |
| Illinois Living Will
Act or a durable power of attorney for | 10 |
| health care in accordance with the
Illinois Power of Attorney | 11 |
| Act.
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| (g-1) The Secretary of State, in his or her discretion, may | 13 |
| designate on
each driver's license issued a space where the | 14 |
| licensee may place a sticker or
decal, issued by the Secretary | 15 |
| of State, of uniform size as the Secretary may
specify, that | 16 |
| shall indicate in appropriate language that the owner of the
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| license has renewed his or her driver's license.
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| (h) A person who acts in good faith in accordance with the | 19 |
| terms of
this Section is not liable for damages in any civil | 20 |
| action or subject to
prosecution in any criminal proceeding for | 21 |
| his or her act.
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| (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | 23 |
| eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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