Bill Text: IL SB1833 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes technical changes in a Section concerning mandatory revocation of a license or permit.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-01-12 - Public Act . . . . . . . . . 96-0859 [SB1833 Detail]
Download: Illinois-2009-SB1833-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Makes technical changes in a Section concerning mandatory revocation of a license or permit.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-01-12 - Public Act . . . . . . . . . 96-0859 [SB1833 Detail]
Download: Illinois-2009-SB1833-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-205 as follows:
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6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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7 | Sec. 6-205. Mandatory revocation of license or permit; | |||||||||||||||||||
8 | Hardship cases.
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9 | (a) Except as provided in this Section, the
the Secretary | |||||||||||||||||||
10 | of State shall
immediately revoke the license, permit, or | |||||||||||||||||||
11 | driving privileges of
any driver upon receiving a
report of the | |||||||||||||||||||
12 | driver's conviction of any of the following offenses:
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13 | 1. Reckless homicide resulting from the operation of a | |||||||||||||||||||
14 | motor vehicle;
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15 | 2. Violation of Section 11-501 of this Code or a | |||||||||||||||||||
16 | similar provision of
a local ordinance relating to the | |||||||||||||||||||
17 | offense of operating or being in physical
control of a | |||||||||||||||||||
18 | vehicle while under the influence of alcohol, other drug or
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19 | drugs, intoxicating compound or compounds, or any | |||||||||||||||||||
20 | combination thereof;
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21 | 3. Any felony under the laws of any State or the | |||||||||||||||||||
22 | federal government
in the commission of which a motor | |||||||||||||||||||
23 | vehicle was used;
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1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
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4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
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8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
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11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
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13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
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15 | 9. Violation of Chapters 8 and 9 of this Code;
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16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
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18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
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21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
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25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
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1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense;
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5 | 14. Violation of Section 11-506 of this Code or a | ||||||
6 | similar provision of a local ordinance relating to the | ||||||
7 | offense of street racing.
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8 | (b) The Secretary of State shall also immediately revoke | ||||||
9 | the license
or permit of any driver in the following | ||||||
10 | situations:
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11 | 1. Of any minor upon receiving the notice provided for | ||||||
12 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
13 | minor has been
adjudicated under that Act as having | ||||||
14 | committed an offense relating to
motor vehicles prescribed | ||||||
15 | in Section 4-103 of this Code;
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16 | 2. Of any person when any other law of this State | ||||||
17 | requires either the
revocation or suspension of a license | ||||||
18 | or permit;
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19 | 3. Of any person adjudicated under the Juvenile Court | ||||||
20 | Act of 1987 based on an offense determined to have been | ||||||
21 | committed in furtherance of the criminal activities of an | ||||||
22 | organized gang as provided in Section 5-710 of that Act, | ||||||
23 | and that involved the operation or use of a motor vehicle | ||||||
24 | or the use of a driver's license or permit. The revocation | ||||||
25 | shall remain in effect for the period determined by the | ||||||
26 | court. Upon the direction of the court, the Secretary shall |
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1 | issue the person a judicial driving permit, also known as a | ||||||
2 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
3 | issued under Section 6-206.1, except that the court may | ||||||
4 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
5 | effective immediately.
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6 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
7 | person is convicted of any of the offenses enumerated in
this | ||||||
8 | Section, the court may recommend and the Secretary of State in | ||||||
9 | his
discretion, without regard to whether the recommendation is | ||||||
10 | made by the
court may, upon application,
issue to the person a
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11 | restricted driving permit granting the privilege of driving a | ||||||
12 | motor
vehicle between the petitioner's residence and | ||||||
13 | petitioner's place
of employment or within the scope of the | ||||||
14 | petitioner's employment related
duties, or to allow the | ||||||
15 | petitioner to transport himself or herself or a family member
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16 | of the petitioner's household to a medical facility for the | ||||||
17 | receipt of necessary medical care or to allow the
petitioner to | ||||||
18 | transport himself or herself to and from alcohol or drug | ||||||
19 | remedial or rehabilitative activity recommended by a licensed | ||||||
20 | service provider, or to allow the
petitioner to transport | ||||||
21 | himself or herself or a family member of the petitioner's | ||||||
22 | household to classes, as a student, at an accredited | ||||||
23 | educational
institution, or to allow the petitioner to | ||||||
24 | transport children living in the petitioner's household to and | ||||||
25 | from daycare; if the petitioner is able to demonstrate that no | ||||||
26 | alternative means
of transportation is reasonably available |
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1 | and that the petitioner will not endanger
the public safety or | ||||||
2 | welfare; provided that the Secretary's discretion shall be
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3 | limited to cases where undue hardship, as defined by the rules | ||||||
4 | of the Secretary of State, would result from a failure to issue | ||||||
5 | the
restricted driving permit. Those multiple offenders | ||||||
6 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
7 | however, shall not be eligible for the issuance of a restricted | ||||||
8 | driving permit.
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9 | (2) If a person's license or permit is revoked or | ||||||
10 | suspended due to 2 or
more convictions of violating Section | ||||||
11 | 11-501 of this Code or a similar
provision of a local | ||||||
12 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
13 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
14 | other drugs is recited as an element of the offense, or a | ||||||
15 | similar out-of-state offense, or a combination of these | ||||||
16 | offenses, arising out
of separate occurrences, that | ||||||
17 | person, if issued a restricted driving permit,
may not | ||||||
18 | operate a vehicle unless it has been equipped with an | ||||||
19 | ignition
interlock device as defined in Section 1-129.1.
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20 | (3) If:
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21 | (A) a person's license or permit is revoked or | ||||||
22 | suspended 2 or more
times within a 10 year period due | ||||||
23 | to any combination of: | ||||||
24 | (i)
a single conviction of violating Section
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25 | 11-501 of this Code or a similar provision of a | ||||||
26 | local ordinance or a similar
out-of-state offense, |
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1 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
2 | the use of alcohol or other drugs is recited as an | ||||||
3 | element of the offense, or a similar out-of-state | ||||||
4 | offense; or | ||||||
5 | (ii)
a statutory summary suspension under | ||||||
6 | Section
11-501.1; or | ||||||
7 | (iii)
a suspension pursuant to Section | ||||||
8 | 6-203.1;
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9 | arising out of
separate occurrences; or | ||||||
10 | (B)
a person has been convicted of one violation of | ||||||
11 | Section 6-303 of this Code committed while his or her | ||||||
12 | driver's license, permit, or privilege was revoked | ||||||
13 | because of a violation of Section 9-3 of the Criminal | ||||||
14 | Code of 1961, relating to the offense of reckless | ||||||
15 | homicide, or a similar provision of a law of another | ||||||
16 | state ;
, | ||||||
17 | that person, if issued a restricted
driving permit, may not | ||||||
18 | operate a vehicle unless it has been equipped with an
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19 | ignition interlock device as defined in Section 1-129.1. | ||||||
20 | (4)
The person issued a permit conditioned on the use | ||||||
21 | of an ignition interlock device must pay to the Secretary | ||||||
22 | of State DUI Administration Fund an amount
not to exceed | ||||||
23 | $30 per month. The Secretary shall establish by rule the | ||||||
24 | amount
and the procedures, terms, and conditions relating | ||||||
25 | to these fees. | ||||||
26 | (5)
If the restricted driving permit is issued for |
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1 | employment purposes, then
the prohibition against | ||||||
2 | operating a motor vehicle that is not equipped with an | ||||||
3 | ignition interlock device does not apply to the operation | ||||||
4 | of an occupational vehicle
owned or leased by that person's | ||||||
5 | employer when used solely for employment purposes. | ||||||
6 | (6)
In each case the Secretary of State may issue a
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7 | restricted driving permit for a period he deems | ||||||
8 | appropriate, except that the
permit shall expire within one | ||||||
9 | year from the date of issuance. The Secretary
may not, | ||||||
10 | however, issue a restricted driving permit to any person | ||||||
11 | whose current
revocation is the result of a second or | ||||||
12 | subsequent conviction for a violation
of Section 11-501 of | ||||||
13 | this Code or a similar provision of a local ordinance
or | ||||||
14 | any similar out-of-state offense, or Section 9-3 of the | ||||||
15 | Criminal Code of 1961, where the use of alcohol or other | ||||||
16 | drugs is recited as an element of the offense, or any | ||||||
17 | similar out-of-state offense, or any combination of these | ||||||
18 | offenses, until the expiration of at least one year from | ||||||
19 | the date of the
revocation. A restricted
driving permit | ||||||
20 | issued under this Section shall be
subject to cancellation, | ||||||
21 | revocation, and suspension by the Secretary of
State in | ||||||
22 | like manner and for like cause as a driver's license issued
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23 | under this Code may be cancelled, revoked, or
suspended; | ||||||
24 | except that a conviction upon one or more offenses against | ||||||
25 | laws or
ordinances regulating the movement of traffic shall | ||||||
26 | be deemed sufficient cause
for the revocation, suspension, |
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1 | or cancellation of a restricted driving permit.
The | ||||||
2 | Secretary of State may, as a condition to the issuance of a | ||||||
3 | restricted
driving permit, require the petitioner to | ||||||
4 | participate in a designated driver
remedial or | ||||||
5 | rehabilitative program. The Secretary of State is | ||||||
6 | authorized to
cancel a restricted driving permit if the | ||||||
7 | permit holder does not successfully
complete the program. | ||||||
8 | However, if an individual's driving privileges have been
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9 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
10 | of this Section, no
restricted driving permit shall be | ||||||
11 | issued until the individual has served 6
months of the | ||||||
12 | revocation period.
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13 | (c-5) The Secretary may not issue a restricted driving | ||||||
14 | permit to any person who has been convicted of a second or | ||||||
15 | subsequent violation of Section 6-303 of this Code committed | ||||||
16 | while his or her driver's license, permit, or privilege was | ||||||
17 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
18 | Code of 1961, relating to the offense of reckless homicide, or | ||||||
19 | a similar provision of a law of another state.
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20 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
21 | under Section
11-501 of this Code or a similar provision of a | ||||||
22 | local ordinance or a similar out-of-state offense, the
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23 | Secretary of State shall revoke the driving privileges of that | ||||||
24 | person. One
year after the date of revocation, and upon | ||||||
25 | application, the Secretary of
State may, if satisfied that the | ||||||
26 | person applying will not endanger the
public safety or welfare, |
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1 | issue a restricted driving permit granting the
privilege of | ||||||
2 | driving a motor vehicle only between the hours of 5 a.m. and 9
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3 | p.m. or as otherwise provided by this Section for a period of | ||||||
4 | one year.
After this one year period, and upon reapplication | ||||||
5 | for a license as
provided in Section 6-106, upon payment of the | ||||||
6 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
7 | Section 6-118, the Secretary of State,
in his discretion, may
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8 | reinstate the petitioner's driver's license and driving | ||||||
9 | privileges, or extend the restricted driving permit as many | ||||||
10 | times as the
Secretary of State deems appropriate, by | ||||||
11 | additional periods of not more than
12 months each.
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12 | (2) If a person's license or permit is revoked or | ||||||
13 | suspended due to 2 or
more convictions of violating Section | ||||||
14 | 11-501 of this Code or a similar
provision of a local | ||||||
15 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
16 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
17 | other drugs is recited as an element of the offense, or a | ||||||
18 | similar out-of-state offense, or a combination of these | ||||||
19 | offenses, arising out
of separate occurrences, that | ||||||
20 | person, if issued a restricted driving permit,
may not | ||||||
21 | operate a vehicle unless it has been equipped with an | ||||||
22 | ignition
interlock device as defined in Section 1-129.1.
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23 | (3) If a person's license or permit is revoked or | ||||||
24 | suspended 2 or more times
within a 10 year period due to | ||||||
25 | any combination of: | ||||||
26 | (A) a single conviction of violating Section |
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1 | 11-501
of this
Code or a similar provision of a local | ||||||
2 | ordinance or a similar out-of-state
offense, or | ||||||
3 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
4 | of alcohol or other drugs is recited as an element of | ||||||
5 | the offense, or a similar out-of-state offense; or | ||||||
6 | (B)
a statutory summary suspension under Section | ||||||
7 | 11-501.1; or | ||||||
8 | (C) a suspension pursuant to Section 6-203.1; | ||||||
9 | arising out of separate occurrences, that person, if issued | ||||||
10 | a
restricted
driving permit, may not operate a vehicle | ||||||
11 | unless it has been equipped with an
ignition interlock | ||||||
12 | device as defined in Section 1-129.1. | ||||||
13 | (4)
The person issued a permit conditioned upon the use | ||||||
14 | of an interlock device must pay to the Secretary of State | ||||||
15 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
16 | month. The Secretary shall establish by rule the amount
and | ||||||
17 | the procedures, terms, and conditions relating to these | ||||||
18 | fees. | ||||||
19 | (5)
If the restricted driving permit is issued for | ||||||
20 | employment purposes, then
the prohibition against driving | ||||||
21 | a vehicle that is not equipped with an ignition interlock | ||||||
22 | device does not apply to the operation of an occupational | ||||||
23 | vehicle
owned or leased by that person's employer when used | ||||||
24 | solely for employment purposes. | ||||||
25 | (6) A
restricted driving permit issued under this | ||||||
26 | Section shall be subject to
cancellation, revocation, and |
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1 | suspension by the Secretary of State in like
manner and for | ||||||
2 | like cause as a driver's license issued under this Code may | ||||||
3 | be
cancelled, revoked, or suspended; except that a | ||||||
4 | conviction upon one or more
offenses against laws or | ||||||
5 | ordinances regulating the movement of traffic
shall be | ||||||
6 | deemed sufficient cause for the revocation, suspension, or
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7 | cancellation of a restricted driving permit.
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8 | (d-5) The revocation of the license, permit, or driving | ||||||
9 | privileges of a person convicted of a third or subsequent | ||||||
10 | violation of Section 6-303 of this Code committed while his or | ||||||
11 | her driver's license, permit, or privilege was revoked because | ||||||
12 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
13 | relating to the offense of reckless homicide, or a similar | ||||||
14 | provision of a law of another state, is permanent. The | ||||||
15 | Secretary may not, at any time, issue a license or permit to | ||||||
16 | that person.
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17 | (e) This Section is subject to the provisions of the Driver | ||||||
18 | License
Compact.
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19 | (f) Any revocation imposed upon any person under | ||||||
20 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
21 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
22 | period of time.
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23 | (g) The Secretary of State shall not issue a restricted | ||||||
24 | driving permit to
a person under the age of 16 years whose | ||||||
25 | driving privileges have been revoked
under any provisions of | ||||||
26 | this Code.
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1 | (h) The Secretary of State shall require the use of | ||||||
2 | ignition interlock
devices on all vehicles owned by a person | ||||||
3 | who has been convicted of a
second or subsequent offense under | ||||||
4 | Section 11-501 of this Code or a similar
provision of a local | ||||||
5 | ordinance. The person must pay to the Secretary of State DUI | ||||||
6 | Administration Fund an amount not to exceed $30 for each month | ||||||
7 | that he or she uses the device. The Secretary shall establish | ||||||
8 | by rule and
regulation the procedures for certification and use | ||||||
9 | of the interlock
system, the amount of the fee, and the | ||||||
10 | procedures, terms, and conditions relating to these fees.
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11 | (i) (Blank).
| ||||||
12 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
13 | State may not issue a restricted driving permit for the | ||||||
14 | operation of a commercial motor vehicle to a person holding a | ||||||
15 | CDL whose driving privileges have been revoked, suspended, | ||||||
16 | cancelled, or disqualified under any provisions of this Code.
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17 | (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | ||||||
18 | 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | ||||||
19 | 95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; | ||||||
20 | revised 9-10-08.)
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