Bill Text: IL HB5472 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Biometric Information Privacy Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0671 [HB5472 Detail]
Download: Illinois-2015-HB5472-Enrolled.html
Bill Title: Amends the Biometric Information Privacy Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0671 [HB5472 Detail]
Download: Illinois-2015-HB5472-Enrolled.html
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1 | AN ACT concerning civil law.
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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:
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4 | Section 3. The Rights of Crime Victims and Witnesses Act is | ||||||
5 | amended by changing Section 3 as follows:
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6 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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7 | Sec. 3. The terms used in this Act shall have the following | ||||||
8 | meanings:
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9 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
10 | person determined by the prosecutor or the court to have | ||||||
11 | suffered direct physical or psychological harm as a result of a | ||||||
12 | violent crime perpetrated or attempted against that person or | ||||||
13 | direct physical or psychological harm as a result of (i) a | ||||||
14 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
15 | similar provision of a local ordinance or (ii) a violation of | ||||||
16 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012; (2) in the case of a crime victim who is under 18 years | ||||||
18 | of age or an adult victim who is incompetent or incapacitated, | ||||||
19 | both parents, legal guardians, foster parents, or a single | ||||||
20 | adult representative; (3) in the case of an adult deceased | ||||||
21 | victim, 2 representatives who may be the spouse, parent, child | ||||||
22 | or sibling of the victim, or the representative of the victim's | ||||||
23 | estate; and (4) an immediate family member of a victim under |
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1 | clause (1) of this paragraph (a) chosen by the victim. If the | ||||||
2 | victim is 18 years of age or over, the victim may choose any | ||||||
3 | person to be the victim's representative. In no event shall the | ||||||
4 | defendant or any person who aided and abetted in the commission | ||||||
5 | of the crime be considered a victim, a crime victim, or a | ||||||
6 | representative of the victim. | ||||||
7 | A board, agency, or other governmental entity making | ||||||
8 | decisions regarding an offender's release, sentence reduction, | ||||||
9 | or clemency can determine additional persons are victims for | ||||||
10 | the purpose of its proceedings. person with a disability
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11 | (a-3) "Advocate" means a person whose communications with | ||||||
12 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
13 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
14 | Domestic Violence Act of 1986. | ||||||
15 | (a-5) "Confer" means to consult together, share | ||||||
16 | information, compare opinions and carry on a discussion or | ||||||
17 | deliberation. | ||||||
18 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
19 | imposition of sentence, a request for a reduction in sentence, | ||||||
20 | parole, mandatory supervised release, aftercare release, early | ||||||
21 | release, clemency, or a proposal that would reduce the | ||||||
22 | defendant's sentence or result in the defendant's release. | ||||||
23 | "Early release" refers to a discretionary release. | ||||||
24 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
25 | imposition of sentence and a request for a reduction in | ||||||
26 | sentence, parole, mandatory supervised release, aftercare |
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1 | release, or early release. | ||||||
2 | (b) "Witness" means : any person who personally observed the | ||||||
3 | commission of
a crime and who will testify on behalf of the | ||||||
4 | State of Illinois ; or a person who will be called by the | ||||||
5 | prosecution to give testimony establishing a necessary nexus | ||||||
6 | between the offender and the violent crime .
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7 | (c) "Violent crime Crime " means: (1) any felony in which | ||||||
8 | force or threat of force was
used against the victim; (2) any | ||||||
9 | offense involving sexual exploitation, sexual
conduct , or | ||||||
10 | sexual penetration; (3) a violation of Section 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012; (4) domestic battery or , stalking; | ||||||
13 | (5) violation of an order of
protection, a civil no contact | ||||||
14 | order, or a stalking no contact order; (6) any misdemeanor | ||||||
15 | which results in death or great bodily
harm to the victim; or | ||||||
16 | (7) any violation of Section 9-3 of the Criminal Code of
1961 | ||||||
17 | or the Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
18 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
19 | the violation resulted
in personal injury or death. "Violent | ||||||
20 | crime" includes any action committed by a juvenile
that would | ||||||
21 | be a violent crime if committed by an adult. For the purposes | ||||||
22 | of
this paragraph, "personal injury" shall include any Type A | ||||||
23 | injury as indicated
on the traffic accident report completed by | ||||||
24 | a law enforcement officer that
requires immediate professional | ||||||
25 | attention in either a doctor's office or
medical facility. A | ||||||
26 | type A injury shall include severely bleeding wounds,
distorted |
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1 | extremities, and injuries that require the injured party to be
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2 | carried from the scene.
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3 | (d) (Blank).
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4 | (e) "Court proceedings" includes, but is not limited to, | ||||||
5 | the preliminary hearing, any post-arraignment hearing the
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6 | effect of which may be the release of the defendant from | ||||||
7 | custody or to alter
the conditions of bond, change of plea | ||||||
8 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
9 | sentencing, any oral argument or hearing before an Illinois | ||||||
10 | appellate court, any hearing under the Mental Health and | ||||||
11 | Developmental Disabilities Code after a finding that the | ||||||
12 | defendant is not guilty by reason of insanity, any
hearing | ||||||
13 | related to a modification of sentence, probation revocation | ||||||
14 | hearing, aftercare release or parole hearings, post-conviction | ||||||
15 | relief proceedings, habeas corpus proceedings and clemency | ||||||
16 | proceedings related to the defendant's conviction or sentence. | ||||||
17 | For purposes of the victim's right to be present, "court | ||||||
18 | proceedings" does not include (1) hearings under Section 109-1 | ||||||
19 | of the Code of Criminal Procedure of 1963, (2) grand jury | ||||||
20 | proceedings, (3) status hearings, or (4) the issuance of an | ||||||
21 | order or decision of an Illinois court that dismisses a charge, | ||||||
22 | reverses a conviction, reduces a sentence, or releases an | ||||||
23 | offender under a court rule.
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24 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
25 | friends of the victim, witnesses to the
crime, or any other | ||||||
26 | person associated with the victim or prisoner. |
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1 | (g) "Victim's attorney" means an attorney retained by the | ||||||
2 | victim for the purposes of asserting the victim's | ||||||
3 | constitutional and statutory rights. An attorney retained by | ||||||
4 | the victim means an attorney who is hired to represent the | ||||||
5 | victim at the victim's expense or an attorney who has agreed to | ||||||
6 | provide pro bono representation. Nothing in this statute | ||||||
7 | creates a right to counsel at public expense for a victim. | ||||||
8 | (Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; | ||||||
9 | 99-413, eff. 8-20-15; revised 10-19-15.)
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10 | Section 5. The Crime Victims Compensation Act is amended by | ||||||
11 | changing Section 2 as follows:
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12 | (740 ILCS 45/2) (from Ch. 70, par. 72)
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13 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
14 | context
otherwise requires:
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15 | (a) "Applicant" means any person who applies for | ||||||
16 | compensation under this
Act or any person the Court of Claims | ||||||
17 | finds is entitled to compensation,
including the guardian of a | ||||||
18 | minor or of a person under legal disability. It
includes any | ||||||
19 | person who was a dependent of a deceased victim of a crime of
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20 | violence for his or her support at the time of the death of | ||||||
21 | that victim.
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22 | (b) "Court of Claims" means the Court of Claims created by | ||||||
23 | the Court
of Claims Act.
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24 | (c) "Crime of violence" means and includes any offense |
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1 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
2 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
3 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, | ||||||
4 | 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
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6 | 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 | ||||||
7 | except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) | ||||||
8 | of Section 11-14.4, of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery | ||||||
10 | Protection Act, Section 125 of the Stalking No Contact Order | ||||||
11 | Act, Section 219 of the Civil No Contact Order Act, driving | ||||||
12 | under
the influence as defined in Section
11-501 of the | ||||||
13 | Illinois Vehicle Code, a violation of Section 11-401 of the | ||||||
14 | Illinois Vehicle Code, provided the victim was a pedestrian or | ||||||
15 | was operating a vehicle moved solely by human power or a | ||||||
16 | mobility device at the time of contact, and a violation of | ||||||
17 | Section 11-204.1 of the Illinois Vehicle Code; so long as the | ||||||
18 | offense did not occur
during a civil riot, insurrection or | ||||||
19 | rebellion. "Crime of violence" does not
include any other | ||||||
20 | offense or accident involving a motor vehicle except those
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21 | vehicle offenses specifically provided for in this paragraph. | ||||||
22 | "Crime of
violence" does include all of the offenses | ||||||
23 | specifically provided for in this
paragraph that occur within | ||||||
24 | this State but are subject to federal jurisdiction
and crimes | ||||||
25 | involving terrorism as defined in 18 U.S.C. 2331.
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26 | (d) "Victim" means (1) a person killed or injured in this |
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1 | State as a
result of a crime of violence perpetrated or | ||||||
2 | attempted against him or her,
(2) the
spouse or parent of a | ||||||
3 | person killed or injured in this State as a result of a crime | ||||||
4 | of
violence perpetrated or attempted against the person, (3) a | ||||||
5 | person killed
or injured in this State while attempting to | ||||||
6 | assist a person against whom a
crime of violence is being | ||||||
7 | perpetrated or attempted, if that attempt of
assistance would | ||||||
8 | be expected of a reasonable person under the circumstances,
(4) | ||||||
9 | a person killed or injured in this State while assisting a law
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10 | enforcement official apprehend a person who has perpetrated a | ||||||
11 | crime of
violence or prevent the perpetration of any such crime | ||||||
12 | if that
assistance was in response to the express request of | ||||||
13 | the law enforcement
official, (5) a person who personally
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14 | witnessed a violent crime, (5.05) a person who will be called | ||||||
15 | as a witness by the prosecution to establish a necessary nexus | ||||||
16 | between the offender and the violent crime, (5.1) solely
for | ||||||
17 | the purpose of compensating for pecuniary loss incurred for
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18 | psychological treatment of a mental or emotional condition | ||||||
19 | caused or aggravated
by the crime, any other person under the | ||||||
20 | age of 18 who is the brother, sister,
half brother, half | ||||||
21 | sister, child, or stepchild
of a person killed or injured in
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22 | this State as a
result of a crime of violence, (6) an Illinois | ||||||
23 | resident
who is a victim of a "crime of violence" as defined in | ||||||
24 | this Act except, if
the crime occurred outside this State, the | ||||||
25 | resident has the same rights
under this Act as if the crime had | ||||||
26 | occurred in this State upon a showing
that the state, |
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1 | territory, country, or political subdivision of a country
in | ||||||
2 | which the crime occurred does not have a compensation of | ||||||
3 | victims of
crimes law for which that Illinois resident is | ||||||
4 | eligible, (7) a deceased person whose body is dismembered or | ||||||
5 | whose remains are desecrated as the result of a crime of | ||||||
6 | violence, or (8) solely for the purpose of compensating for | ||||||
7 | pecuniary loss incurred for psychological treatment of a mental | ||||||
8 | or emotional condition caused or aggravated by the crime, any | ||||||
9 | parent, spouse, or child under the age of 18 of a deceased | ||||||
10 | person whose body is dismembered or whose remains are | ||||||
11 | desecrated as the result of a crime of violence.
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12 | (e) "Dependent" means a relative of a deceased victim who | ||||||
13 | was wholly or
partially dependent upon the victim's income at | ||||||
14 | the time of his or her
death
and shall include the child of a | ||||||
15 | victim born after his or her death.
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16 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
17 | stepfather, stepmother,
child, grandchild, brother, | ||||||
18 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
19 | sister, spouse's parent, nephew, niece, uncle or aunt.
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20 | (g) "Child" means an unmarried son or daughter who is under | ||||||
21 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
22 | child born out of wedlock.
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23 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
24 | appropriate medical
expenses and hospital expenses including | ||||||
25 | expenses of medical
examinations, rehabilitation, medically | ||||||
26 | required
nursing care expenses, appropriate
psychiatric care |
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1 | or psychiatric counseling expenses, expenses for care or
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2 | counseling by a licensed clinical psychologist, licensed | ||||||
3 | clinical social
worker, licensed professional counselor, or | ||||||
4 | licensed clinical professional counselor and expenses for | ||||||
5 | treatment by Christian Science practitioners and
nursing care | ||||||
6 | appropriate thereto; transportation expenses to and from | ||||||
7 | medical and counseling treatment facilities; prosthetic | ||||||
8 | appliances, eyeglasses, and
hearing aids necessary or damaged | ||||||
9 | as a result of the
crime; costs associated with trafficking | ||||||
10 | tattoo removal by a person authorized or licensed to perform | ||||||
11 | the specific removal procedure; replacement costs for clothing | ||||||
12 | and bedding used as evidence; costs
associated with temporary | ||||||
13 | lodging or relocation necessary as a
result of the crime, | ||||||
14 | including, but not limited to, the first month's rent and | ||||||
15 | security deposit of the dwelling that the claimant relocated to | ||||||
16 | and other reasonable relocation expenses incurred as a result | ||||||
17 | of the violent crime;
locks or windows necessary or damaged as | ||||||
18 | a result of the crime; the purchase,
lease, or rental of | ||||||
19 | equipment necessary to create usability of and
accessibility to | ||||||
20 | the victim's real and personal property, or the real and
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21 | personal property which is used by the victim, necessary as a | ||||||
22 | result of the
crime; the costs of appropriate crime scene | ||||||
23 | clean-up;
replacement
services loss, to a maximum of $1,250 per | ||||||
24 | month;
dependents replacement
services loss, to a maximum of | ||||||
25 | $1,250 per month; loss of tuition paid to
attend grammar school | ||||||
26 | or high school when the victim had been enrolled as a
student |
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1 | prior to the injury, or college or graduate school when
the | ||||||
2 | victim had been enrolled as a day or night student prior to
the | ||||||
3 | injury when the victim becomes unable to continue attendance at | ||||||
4 | school
as a result of the crime of violence perpetrated against | ||||||
5 | him or her; loss
of
earnings, loss of future earnings because | ||||||
6 | of disability resulting from the
injury, and, in addition, in | ||||||
7 | the case of death, expenses for funeral, burial, and travel and | ||||||
8 | transport for survivors
of homicide victims to secure bodies of | ||||||
9 | deceased victims and to transport
bodies for burial all of | ||||||
10 | which
may not exceed a maximum of $7,500 and loss of support of | ||||||
11 | the dependents of
the victim; in the case of dismemberment or | ||||||
12 | desecration of a body, expenses for funeral and burial, all of | ||||||
13 | which may not exceed a maximum of $7,500.
Loss of future | ||||||
14 | earnings shall be reduced by any income from substitute work
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15 | actually performed by the victim or by income he or she would | ||||||
16 | have earned
in
available appropriate substitute work he or she | ||||||
17 | was capable of performing
but
unreasonably failed to undertake. | ||||||
18 | Loss of earnings, loss of future
earnings and loss of support | ||||||
19 | shall be determined on the basis of the
victim's average net | ||||||
20 | monthly earnings for the 6 months immediately
preceding the | ||||||
21 | date of the injury or on $1,250 per month, whichever is less | ||||||
22 | or, in cases where the absences commenced more than 3 years | ||||||
23 | from the date of the crime, on the basis of the net monthly | ||||||
24 | earnings for the 6 months immediately preceding the date of the | ||||||
25 | first absence, not to exceed $1,250 per month.
If a divorced or | ||||||
26 | legally separated applicant is claiming loss of support
for a |
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1 | minor child of the deceased, the amount of support for each | ||||||
2 | child
shall be based either on the amount of support
pursuant | ||||||
3 | to the judgment prior to the date of the deceased
victim's | ||||||
4 | injury or death, or, if the subject of pending litigation filed | ||||||
5 | by
or on behalf of the divorced or legally separated applicant | ||||||
6 | prior to the
injury or death, on the result of that litigation. | ||||||
7 | Real and personal
property includes, but is not limited to, | ||||||
8 | vehicles, houses, apartments,
town houses, or condominiums. | ||||||
9 | Pecuniary loss does not
include pain and suffering or property | ||||||
10 | loss or damage.
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11 | (i) "Replacement services loss" means expenses reasonably | ||||||
12 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
13 | of those the
injured person would have performed, not for | ||||||
14 | income, but for the benefit
of himself or herself or his or her | ||||||
15 | family, if he or she had not
been injured.
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16 | (j) "Dependents replacement services loss" means loss | ||||||
17 | reasonably incurred
by dependents or private legal guardians of | ||||||
18 | minor dependents after a victim's death in obtaining ordinary | ||||||
19 | and necessary
services in lieu of those the victim would have | ||||||
20 | performed, not for income,
but for their benefit, if he or she | ||||||
21 | had not been fatally injured.
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22 | (k) "Survivor" means immediate family including a parent, | ||||||
23 | step-father,
step-mother, child,
brother, sister, or spouse.
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24 | (l) "Parent" means a natural parent, adopted parent, | ||||||
25 | step-parent, or permanent legal guardian of another person. | ||||||
26 | (m) "Trafficking tattoo" is a tattoo which is applied to a |
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1 | victim in connection with the commission of a violation of | ||||||
2 | Section 10-9 of the Criminal Code of 2012. | ||||||
3 | (Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13; | ||||||
4 | 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
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