Full Text of HB0327 96th General Assembly
HB0327enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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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 Unified Code of Corrections is amended by | 5 |
| changing Section 3-3-7 as follows: | 6 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 |
| (Text of Section after amendment by P.A. 95-983 ) | 8 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 9 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 11 |
| release shall be such as the Prisoner Review
Board deems | 12 |
| necessary to assist the subject in leading a
law-abiding life. | 13 |
| The conditions of every parole and mandatory
supervised release | 14 |
| are that the subject:
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| (1) not violate any criminal statute of any | 16 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 18 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 20 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 22 |
| home, employment,
or
elsewhere to the
extent necessary for | 23 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 2 |
| instruction or
residence
of persons on
parole or mandatory | 3 |
| supervised release;
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| (6) secure permission before visiting or writing a | 5 |
| committed person in an
Illinois Department
of Corrections | 6 |
| facility;
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| (7) report all arrests to an agent of the Department of | 8 |
| Corrections as
soon as
permitted by the
arresting authority | 9 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 12 |
| Sex Offender
Management Board Act, the individual shall | 13 |
| undergo and successfully complete
sex offender treatment | 14 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 16 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 18 |
| Sex Offender
Management Board Act, refrain from residing at | 19 |
| the same address or in the same condominium unit or | 20 |
| apartment unit or in the same condominium complex or | 21 |
| apartment complex with another person he or she knows or | 22 |
| reasonably should know is a convicted sex offender or has | 23 |
| been placed on supervision for a sex offense; the | 24 |
| provisions of this paragraph do not apply to a person | 25 |
| convicted of a sex offense who is placed in a Department of | 26 |
| Corrections licensed transitional housing facility for sex |
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| offenders, or is in any facility operated or licensed by | 2 |
| the Department of Children and Family Services or by the | 3 |
| Department of Human Services, or is in any licensed medical | 4 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 6 |
| the accused as a sexual predator under the Sex Offender | 7 |
| Registration Act on or after the effective date of this | 8 |
| amendatory Act of the 94th General Assembly, wear an | 9 |
| approved electronic monitoring device as defined in | 10 |
| Section 5-8A-2 for the duration of the person's parole, | 11 |
| mandatory supervised release term, or extended mandatory | 12 |
| supervised release term and if convicted for an offense of | 13 |
| criminal sexual assault, aggravated criminal sexual | 14 |
| assault, predatory criminal sexual assault of a child, | 15 |
| criminal sexual abuse, aggravated criminal sexual abuse, | 16 |
| or ritualized abuse of a child committed on or after the | 17 |
| effective date of this amendatory Act of the 96th General | 18 |
| Assembly when the victim was under 18 years of age at the | 19 |
| time of the commission of the offense and the defendant | 20 |
| used force or the threat of force in the commission of the | 21 |
| offense wear an approved electronic monitoring device as | 22 |
| defined in Section 5-8A-2 that has Global Positioning | 23 |
| System (GPS) capability for the duration of the person’s | 24 |
| parole, mandatory supervised release term, or extended | 25 |
| mandatory supervised release term ;
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| (7.8) if convicted for an offense committed on or after |
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| the effective date of this amendatory Act of the 95th | 2 |
| General Assembly that would qualify the accused as a child | 3 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 4 |
| Criminal Code of 1961, refrain from communicating with or | 5 |
| contacting, by means of the Internet, a person who is not | 6 |
| related to the accused and whom the accused reasonably | 7 |
| believes to be under 18 years of age; for purposes of this | 8 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 9 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 10 |
| is not related to the accused if the person is not: (i) the | 11 |
| spouse, brother, or sister of the accused; (ii) a | 12 |
| descendant of the accused; (iii) a first or second cousin | 13 |
| of the accused; or (iv) a step-child or adopted child of | 14 |
| the accused;
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| (7.9)
if convicted under Section 11-6, 11-20.1, | 16 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 17 |
| search of computers, PDAs, cellular phones, and other | 18 |
| devices under his or her control that are capable of | 19 |
| accessing the Internet or storing electronic files, in | 20 |
| order to confirm Internet protocol addresses reported in | 21 |
| accordance with the Sex Offender Registration Act and | 22 |
| compliance with conditions in this Act;
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| (7.10)
if convicted for an offense that would qualify | 24 |
| the accused as a sex offender or sexual predator under the | 25 |
| Sex Offender Registration Act on or after the effective | 26 |
| date of this amendatory Act of the 95th General Assembly, |
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| not possess prescription drugs for erectile dysfunction;
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| (7.11) if convicted for an offense under Section 11-6, | 3 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 4 |
| Code of 1961, or any attempt to commit any of these | 5 |
| offenses, committed on or after June 1, 2009 ( the effective | 6 |
| date of Public Act 95-983) this amendatory Act of the 95th | 7 |
| General Assembly : | 8 |
| (i) not access or use a computer or any other | 9 |
| device with Internet capability without the prior | 10 |
| written approval of the Department; | 11 |
| (ii) submit to periodic unannounced examinations | 12 |
| of the offender's computer or any other device with | 13 |
| Internet capability by the offender's supervising | 14 |
| agent, a law enforcement officer, or assigned computer | 15 |
| or information technology specialist, including the | 16 |
| retrieval and copying of all data from the computer or | 17 |
| device and any internal or external peripherals and | 18 |
| removal of such information, equipment, or device to | 19 |
| conduct a more thorough inspection; | 20 |
| (iii) submit to the installation on the offender's | 21 |
| computer or device with Internet capability, at the | 22 |
| offender's expense, of one or more hardware or software | 23 |
| systems to monitor the Internet use; and | 24 |
| (iv) submit to any other appropriate restrictions | 25 |
| concerning the offender's use of or access to a | 26 |
| computer or any other device with Internet capability |
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| imposed by the Board, the Department or the offender's | 2 |
| supervising agent; | 3 |
| (8) obtain permission of an agent of the Department of | 4 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 6 |
| Corrections before
changing
his or her residence or | 7 |
| employment;
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| (10) consent to a search of his or her person, | 9 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 11 |
| other controlled
substances in
any form, or both, or any | 12 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 14 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 16 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 18 |
| parole or mandatory
supervised
release without prior | 19 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 21 |
| as that term is defined in the
Illinois
Streetgang | 22 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 24 |
| relates to his or her
adjustment in the
community while on | 25 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his |
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| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 3 |
| parole agent that
are consistent
with furthering | 4 |
| conditions set and approved by the Prisoner Review Board or | 5 |
| by
law,
exclusive of placement on electronic detention, to | 6 |
| achieve the goals and
objectives of his
or her parole or | 7 |
| mandatory supervised release or to protect the public. | 8 |
| These
instructions by the parole agent may be modified at | 9 |
| any time, as the agent
deems
appropriate;
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| (16) if convicted of a sex offense as defined in | 11 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 12 |
| offender is a parent or guardian of the person under 18 | 13 |
| years of age present in the home and no non-familial minors | 14 |
| are present, not participate in a holiday event involving | 15 |
| children under 18 years of age, such as distributing candy | 16 |
| or other items to children on Halloween, wearing a Santa | 17 |
| Claus costume on or preceding Christmas, being employed as | 18 |
| a department store Santa Claus, or wearing an Easter Bunny | 19 |
| costume on or preceding Easter; and | 20 |
| (17) if convicted of a violation of an order of | 21 |
| protection under Section 12-30 of the Criminal Code of | 22 |
| 1961, be placed under electronic surveillance as provided | 23 |
| in Section 5-8A-7 of this Code. | 24 |
| (b) The Board may in addition to other conditions
require | 25 |
| that the subject:
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| (1) work or pursue a course of study or vocational |
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| training;
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| (2) undergo medical or psychiatric treatment, or | 3 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 10 |
| protection
issued pursuant to the Illinois Domestic | 11 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 12 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory;
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| (7.5) if convicted for an offense committed on or after | 15 |
| the effective date of this amendatory Act of the 95th | 16 |
| General Assembly that would qualify the accused as a child | 17 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 18 |
| Criminal Code of 1961, refrain from communicating with or | 19 |
| contacting, by means of the Internet, a person who is | 20 |
| related to the accused and whom the accused reasonably | 21 |
| believes to be under 18 years of age; for purposes of this | 22 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 23 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 24 |
| is related to the accused if the person is: (i) the spouse, | 25 |
| brother, or sister of the accused; (ii) a descendant of the | 26 |
| accused; (iii) a first or second cousin of the accused; or |
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| (iv) a step-child or adopted child of the accused; | 2 |
| (7.6) if convicted for an offense committed on or after | 3 |
| June 1, 2009 ( the effective date of Public Act 95-983) this | 4 |
| amendatory Act of the 95th General Assembly that would | 5 |
| qualify as a sex offense as defined in the Sex Offender | 6 |
| Registration Act: | 7 |
| (i) not access or use a computer or any other | 8 |
| device with Internet capability without the prior | 9 |
| written approval of the Department; | 10 |
| (ii) submit to periodic unannounced examinations | 11 |
| of the offender's computer or any other device with | 12 |
| Internet capability by the offender's supervising | 13 |
| agent, a law enforcement officer, or assigned computer | 14 |
| or information technology specialist, including the | 15 |
| retrieval and copying of all data from the computer or | 16 |
| device and any internal or external peripherals and | 17 |
| removal of such information, equipment, or device to | 18 |
| conduct a more thorough inspection; | 19 |
| (iii) submit to the installation on the offender's | 20 |
| computer or device with Internet capability, at the | 21 |
| offender's expense, of one or more hardware or software | 22 |
| systems to monitor the Internet use; and | 23 |
| (iv) submit to any other appropriate restrictions | 24 |
| concerning the offender's use of or access to a | 25 |
| computer or any other device with Internet capability | 26 |
| imposed by the Board, the Department or the offender's |
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| supervising agent; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 6 |
| or
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| (iv) contribute to his own support at home or in a | 8 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 10 |
| subsections (a) and (b), persons required to register as sex | 11 |
| offenders pursuant to the Sex Offender Registration Act, upon | 12 |
| release from the custody of the Illinois Department of | 13 |
| Corrections, may be required by the Board to comply with the | 14 |
| following specific conditions of release: | 15 |
| (1) reside only at a Department approved location; | 16 |
| (2) comply with all requirements of the Sex Offender | 17 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 19 |
| occasioned by his or her criminal record; | 20 |
| (4) obtain the approval of an agent of the Department | 21 |
| of Corrections prior to accepting employment or pursuing a | 22 |
| course of study or vocational training and notify the | 23 |
| Department prior to any change in employment, study, or | 24 |
| training; | 25 |
| (5) not be employed or participate in any
volunteer | 26 |
| activity that involves contact with children, except under |
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| circumstances approved in advance and in writing by an | 2 |
| agent of the Department of Corrections; | 3 |
| (6) be electronically monitored for a minimum of 12 | 4 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 6 |
| area except upon terms approved in advance by an agent of | 7 |
| the Department of Corrections. The terms may include | 8 |
| consideration of the purpose of the entry, the time of day, | 9 |
| and others accompanying the person; | 10 |
| (8) refrain from having any contact, including
written | 11 |
| or oral communications, directly or indirectly, personally | 12 |
| or by telephone, letter, or through a third party with | 13 |
| certain specified persons including, but not limited to, | 14 |
| the victim or the victim's family without the prior written | 15 |
| approval of an agent of the Department of Corrections; | 16 |
| (9) refrain from all contact, directly or
indirectly, | 17 |
| personally, by telephone, letter, or through a third party, | 18 |
| with minor children without prior identification and | 19 |
| approval of an agent of the Department of Corrections; | 20 |
| (10) neither possess or have under his or her
control | 21 |
| any material that is sexually oriented, sexually | 22 |
| stimulating, or that shows male or female sex organs or any | 23 |
| pictures depicting children under 18 years of age nude or | 24 |
| any written or audio material describing sexual | 25 |
| intercourse or that depicts or alludes to sexual activity, | 26 |
| including but not limited to visual, auditory, telephonic, |
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| or electronic media, or any matter obtained through access | 2 |
| to any computer or material linked to computer access use; | 3 |
| (11) not patronize any business providing
sexually | 4 |
| stimulating or sexually oriented entertainment nor utilize | 5 |
| "900" or adult telephone numbers; | 6 |
| (12) not reside near, visit, or be in or about
parks, | 7 |
| schools, day care centers, swimming pools, beaches, | 8 |
| theaters, or any other places where minor children | 9 |
| congregate without advance approval of an agent of the | 10 |
| Department of Corrections and immediately report any | 11 |
| incidental contact with minor children to the Department; | 12 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 14 |
| incidence of sexually offending as determined by an agent | 15 |
| of the Department of Corrections; | 16 |
| (14) may be required to provide a written daily log of | 17 |
| activities
if directed by an agent of the Department of | 18 |
| Corrections; | 19 |
| (15) comply with all other special conditions
that the | 20 |
| Department may impose that restrict the person from | 21 |
| high-risk situations and limit access to potential | 22 |
| victims; | 23 |
| (16) take an annual polygraph exam; | 24 |
| (17) maintain a log of his or her travel; or | 25 |
| (18) obtain prior approval of his or her parole officer | 26 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 3 |
| person in writing prior to his release, and he shall
sign the | 4 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 6 |
| issued by the
criminal court, shall be retained by the person | 7 |
| and another copy forwarded to
the officer in charge of his | 8 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 11 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 14 |
| release and shall assist inmates in availing themselves
of such | 15 |
| optional services upon their release on a voluntary
basis. | 16 |
| (f) When the subject is in compliance with all conditions | 17 |
| of his or her parole or mandatory supervised release, the | 18 |
| subject shall receive a reduction of the period of his or her | 19 |
| parole or mandatory supervised release of 90 days upon passage | 20 |
| of the high school level Test of General Educational | 21 |
| Development during the period of his or her parole or mandatory | 22 |
| supervised release. This reduction in the period of a subject's | 23 |
| term of parole or mandatory supervised release shall be | 24 |
| available only to subjects who have not previously earned a | 25 |
| high school diploma or who have not previously passed the high | 26 |
| school level Test of General Educational Development.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 2 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 3 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 4 |
| 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
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| Section 99. Effective date. This Act takes effect June 1, | 6 |
| 2009. |
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