Bill Text: IL SB0250 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the SAFE Act. Provides that on and after January 1, 2020, funding formulas based on population shall include prisoners as residents based on the place where they resided before incarceration or the place they intend to return. Amends the Illinois Criminal Justice Information Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Criminal Justice Information Authority shall identify geographic areas eligible to be designated by the Safe and Full Coordinating Board as a Safe and Full Employment Zone (SAFE Zone) and shall send to the Legislative Audit Commission and make publicly available its analysis and development of the SAFE Zones. Provides that the criteria for these SAFE Zones shall be used to prioritize State funding and provide various services throughout the State. Creates the Safe and Full Employment Coordinating Board to develop and implement a plan for designating SAFE Zones. Provides that the design of programs and budget requirements in SAFE Zones shall be developed by Local Economic Growth Councils. Amends the State Revenue Sharing Act. Provides that for purposes of the amount of funds allocable to each municipality and county in the State, the number of individual residents of a municipality or county shall include the number of persons incarcerated in a penal institution who resided in the municipality or county before incarceration, or, if known, the municipality or county the prisoner intends to return after release from the penal institution. Amends the Unified Code of Corrections. Provides that the First Time Weapon Offender Program shall be implemented by the Safe and Full Employment Coordinating Board. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-03-21 - Added as Co-Sponsor Sen. Ram Villivalam [SB0250 Detail]

Download: Illinois-2019-SB0250-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0250

Introduced 1/31/2019, by Sen. Patricia Van Pelt

SYNOPSIS AS INTRODUCED:
See Index

Creates the SAFE Act. Provides that on and after January 1, 2020, funding formulas based on population shall include prisoners as residents based on the place where they resided before incarceration or the place they intend to return. Amends the Illinois Criminal Justice Information Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Criminal Justice Information Authority shall identify geographic areas eligible to be designated by the Safe and Full Coordinating Board as a Safe and Full Employment Zone (SAFE Zone) and shall send to the Legislative Audit Commission and make publicly available its analysis and development of the SAFE Zones. Provides that the criteria for these SAFE Zones shall be used to prioritize State funding and provide various services throughout the State. Creates the Safe and Full Employment Coordinating Board to develop and implement a plan for designating SAFE Zones. Provides that the design of programs and budget requirements in SAFE Zones shall be developed by Local Economic Growth Councils. Amends the State Revenue Sharing Act. Provides that for purposes of the amount of funds allocable to each municipality and county in the State, the number of individual residents of a municipality or county shall include the number of persons incarcerated in a penal institution who resided in the municipality or county before incarceration, or, if known, the municipality or county the prisoner intends to return after release from the penal institution. Amends the Unified Code of Corrections. Provides that the First Time Weapon Offender Program shall be implemented by the Safe and Full Employment Coordinating Board. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the SAFE
5Act.
6 Section 5. Legislative findings.
7 (a) The General Assembly finds that some communities of
8this State are ravaged by violence and that a substantial and
9disproportionate amount of serious crimes are committed by
10persons who unlawfully possess firearms. In many of these
11communities, there is high unemployment and poverty fueled by
12incarceration and other barriers to employment after release.
13Aggressive and tailored approaches to address these outcomes
14are required.
15 (b) The General Assembly finds that violence should be
16viewed as a public health crisis that requires identifying and
17building on community assets leading to investment in job
18creation, housing, employment training, child care, healthcare
19and other services.
20 (c) To carry out this intent, the General Assembly declares
21the following purposes of this Act:
22 (1) to protect communities from gun violence through
23 targeted intervention programs, including economic growth

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1 and improving family violence prevention, community trauma
2 treatment rates, gun injury victim services, and public
3 health prevention activities;
4 (2) to substantially reduce both the total amount of
5 gun violence and concentrated poverty in this State;
6 (3) to intervene with persons who violate gun
7 possession laws in a risk-responsive manner that decreases
8 the likelihood of any future violent incidents and equips
9 those who have previously violated gun laws to live
10 responsibly and safely; and
11 (4) to promote employment infrastructure in community
12 areas with the highest concentrations of gun violence and
13 unemployment due to incarceration and resulting criminal
14 records.
15 (d) The ability of children, teenagers, and young adults to
16participate freely in education, employment, and civic life
17without any exposure to illegal weapons or gun violence,
18facilitating their safe and economically stable future
19prospects, shall be the central purpose of any initiatives
20included in this Act.
21 Section 10. Definitions. In this Act:
22 "SAFE Zone" means a Safe and Full Employment Zone as
23designated under Section 7.3 of the Illinois Criminal Justice
24Information Act.

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1 Section 15. Population-based distribution. On and after
2January 1, 2020, funding formulas based on population shall
3include prisoners as residents based on the place where they
4resided before incarceration or the place they intend to
5return. SAFE Zones shall be prioritized for all State
6reimbursement and formula distributions.
7 Section 105. The Illinois Criminal Justice Information Act
8is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:
9 (20 ILCS 3930/7.3 new)
10 Sec. 7.3. Safe and full employment zones. Within 60 days
11after the effective date of this amendatory Act of the 101st
12General Assembly, the Authority shall identify those
13geographic areas eligible to be designated by the Safe and Full
14Employment Coordinating Board as a Safe and Full Employment
15Zone (SAFE Zone), as outlined in subsection (c) of Section
167.3-2.
17 (a) Qualifications for a SAFE Zone are as follows:
18 (1) An area of extremely high gun violence and economic
19 destabilization shall be qualified to become a SAFE Zone
20 where, based on analysis of concentrated geographic areas,
21 by census tract if possible, that area:
22 (A) contains high gunshot hospitalization and
23 mortality per capita; and
24 (B) contains a high rate of returning citizens

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1 following incarceration at the Department of
2 Corrections.
3The Authority shall send to the Legislative Audit Commission
4and make publicly available its analysis and development of the
5SAFE Zones and shall reevaluate and re-designate SAFE Zones
6every 4 years.
7 (b) Prioritization of spending in SAFE Zones shall be as
8follows:
9 (1) In the first full fiscal year after the effective
10 date of this amendatory Act of the 101st General Assembly,
11 the Department of Human Services, Department of Public
12 Health, Department of Juvenile Justice, Illinois Criminal
13 Justice Information Authority, Department of Commerce and
14 Economic Opportunity, Department of Healthcare and Family
15 Services, and other relevant State agencies as designated
16 by the Governor and the Safe and Full Employment
17 Coordinating Board as defined in Section 7.3-2 shall give
18 first priority, within the agency granting authority, to
19 programs providing services that are effective in violence
20 reduction and trauma recovery for SAFE Zones. Federal,
21 State, and local spending on job creation, housing,
22 employment training, child care, healthcare and services
23 to combat community disinvestment that breeds violence
24 shall be prioritized in SAFE Zones. The Governor shall
25 include and outline SAFE Zone spending in his or her annual
26 State budget submitted under Section 50-5 of the State

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1 Budget Law.
2 (2) The prioritization shall result in a shift to SAFE
3 Zones of no less than 5% nor more than 20% of current
4 programmatic funding in each of the first full 5 fiscal
5 years after the effective date of this amendatory Act of
6 the 101st General Assembly.
7 (c) The Authority may adopt rules to implement the SAFE
8Zone provisions under this Act.
9 (20 ILCS 3930/7.3-2 new)
10 Sec. 7.3-2. Safe and Full Employment Coordinating Board.
11 (a) In this Section, "public health approach" means
12addressing violence and violence prevention by treating the
13individual and community symptoms and causes of violence
14through rigorously researched methods. Treatment shall include
15multi-tiered and interdisciplinary approaches involving
16stakeholders from diverse sectors, including the people
17impacted by violence, public agencies, and community-based
18organizations.
19 (a-5) There is created a Safe and Full Employment
20Coordinating Board. The Board shall be composed of the
21following members:
22 (1) the Governor, or his or her designee, who shall
23 serve as chair;
24 (2) the Director of Corrections, or his or her
25 designee;

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1 (3) the Director of Revenue, or his or her designee;
2 (4) the Director of Juvenile Justice, or his or her
3 designee;
4 (5) the Director of Healthcare and Family Services, or
5 his or her designee;
6 (6) the Secretary of Human Services, or his or her
7 designee;
8 (7) the Director of Public Health, or his or her
9 designee;
10 (8) the Director of Commerce and Economic Opportunity,
11 or his or her designee;
12 (9) the Director of Employment Security, or his or her
13 designee;
14 (10) the Director of State Police, or his or her
15 designee;
16 (11) the Director of the Governor's Office of
17 Management and Budget, or his or her designee;
18 (12) the Director of the Illinois Criminal Justice
19 Information Authority, or his or her designee;
20 (13) the Attorney General, or his or her designee;
21 (14) a member of the Senate, designated by the
22 President of the Senate;
23 (15) a member of the House of Representatives,
24 designated by the Speaker of the House of Representatives;
25 (16) a member of the Senate, designated by the Minority
26 Leader of the Senate; and

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1 (17) a member of the House of Representatives,
2 designated by the Minority Leader of the House of
3 Representatives.
4 (b) Within 30 days after SAFE Zones have been designated,
5the following shall be added as members of the Board:
6 (1) the highest elected public officials of all
7 counties and municipal geographic jurisdictions in the
8 State which include a SAFE Zone;
9 (2) 6 providers from 6 geographically distinct areas of
10 the State, who receive funds to deliver services to treat
11 violence including, but not limited to, services such as
12 job placement and training, educational services, and
13 workforce development programming, appointed by the
14 Secretary of Human Services, in coordination with the
15 Illinois Criminal Justice Information Authority; and
16 (3) 2 persons who, within 24 months prior to being
17 designated, have received services from the providers
18 designated in paragraph (2) of this subsection (b), as
19 designated by those service providers.
20 (c) The Board shall meet quarterly and be staffed by the
21Governor's Office of Management and Budget. Within 4 months
22after the effective date of this amendatory Act of the 101st
23General Assembly, the Board shall develop and implement a plan
24for designating SAFE Zones under Section 7.3 of this Act and
25the selection process for Local Economic Growth Councils under
26Section 7.3-5. Within 4 months from the date the last plan is

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1submitted and approved, the Board shall issue a statewide plan
2to implement the re-prioritization of funding under subsection
3(b) of Section 7.3. The plan shall follow a public health
4approach.
5 (d) The Board shall deliver an annual report to the General
6Assembly and to the Governor and be posted on Governor's Office
7and General Assembly's websites and provide to the public an
8annual report on its progress.
9 (e) The Board shall monitor and collect data on
10intermediate and long-term positive outcome measures for its
11statewide plan and include that information in the annual
12report to the General Assembly, Governor, and the public
13beginning on December 31, 2020.
14 (f) There shall be a formal evaluation of the SAFE Zone Act
15implementation and outcomes every 4 years conducted by a public
16university selected by the Safe and Full Employment
17Coordinating Board. The evaluation shall reflect the outcomes
18incorporated and measured in each Council plan and also
19statewide positive outcomes to be measured for at least 4
20years. The report shall be sent to the Governor and the General
21Assembly and be posted on each website.
22 (g) The Board is subject to the Freedom of Information Act
23and the Open Meetings Act.
24 (20 ILCS 3930/7.3-5 new)
25 Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.

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1 (a) The design of programs and budget requirements in SAFE
2Zones shall be developed by Local Economic Growth Councils.
3Each Local Economic Growth Council shall be supported by
4technical assistance provided by the State agencies mandated to
5provide services under Sections 7.3 and 7.3-2 and by the
6Governor's Office of Management and Budget.
7 (b) The process for the selection of members of the Local
8Economic Growth Councils shall be designed by the SAFE
9Coordinating Board, to permit maximum community participation
10and to result in Councils comprised of residents of the
11community who reflect the assets and strengths of the SAFE
12Zone.
13 (c) Each Local Economic Growth Council shall be established
14within 4 months of the effective date of this amendatory Act of
15the 101st General Assembly and be composed of a minimum of 20
16members and no more than 25 members as representatives who live
17within the SAFE Zone.
18 (d) Within 6 months after being established, each Local
19Economic Growth Council shall establish a 2-year plan and
20budget to address violence, reduce inappropriate
21incarceration, and expand economic opportunity within the SAFE
22Zone. The plan shall follow a public health approach and shall
23include positive outcome measures for persons benefiting from
24SAFE Zone investments, community asset outcomes, and include
25ways to track those outcomes over at least 4 years. That plan
26shall be reviewed and approved, or amended after agreement

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1between the Local Economic Growth Council and the Safe and Full
2Employment Coordinating Board.
3 (e) Each Local Economic Growth Council is subject to the
4Freedom of Information Act and the Open Meetings Act.
5 Section 110. The State Revenue Sharing Act is amended by
6changing Section 2 as follows:
7 (30 ILCS 115/2) (from Ch. 85, par. 612)
8 Sec. 2. Allocation and Disbursement.
9 (a) As soon as may be after the first day of each month,
10the Department of Revenue shall allocate among the several
11municipalities and counties of this State the amount available
12in the Local Government Distributive Fund and in the Income Tax
13Surcharge Local Government Distributive Fund, determined as
14provided in Sections 1 and 1a above. Except as provided in
15Sections 13 and 13.1 of this Act, the Department shall then
16certify such allocations to the State Comptroller, who shall
17pay over to the several municipalities and counties the
18respective amounts allocated to them. The amount of such Funds
19allocable to each such municipality and county shall be in
20proportion to the number of individual residents of such
21municipality or county to the total population of the State,
22determined in each case on the basis of the latest census of
23the State, municipality or county conducted by the Federal
24government and certified by the Secretary of State and for

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1annexations to municipalities, the latest Federal, State or
2municipal census of the annexed area which has been certified
3by the Department of Revenue. Allocations to the City of
4Chicago under this Section are subject to Section 6 of the
5Hotel Operators' Occupation Tax Act. For the purpose of this
6Section, the number of individual residents of a county shall
7be reduced by the number of individuals residing therein in
8municipalities, but the number of individual residents of the
9State, county and municipality shall reflect the latest census
10of any of them. For the purpose of this Section, the number of
11individual residents of a municipality or county shall include
12the number of persons incarcerated in a penal institution who
13resided in the municipality or county before incarceration, or,
14if known, the municipality or county the prisoner intends to
15return after release from the penal institution. The amounts
16transferred into the Local Government Distributive Fund
17pursuant to Section 9 of the Use Tax Act, Section 9 of the
18Service Use Tax Act, Section 9 of the Service Occupation Tax
19Act, and Section 3 of the Retailers' Occupation Tax Act, each
20as now or hereafter amended, pursuant to the amendments of such
21Sections by Public Act 85-1135, shall be distributed as
22provided in said Sections.
23 (b) It is the intent of the General Assembly that
24allocations made under this Section shall be made in a fair and
25equitable manner. Accordingly, the clerk of any municipality to
26which territory has been annexed, or from which territory has

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1been disconnected, shall notify the Department of Revenue in
2writing of that annexation or disconnection and shall (1) state
3the number of residents within the territory that was annexed
4or disconnected, based on the last census conducted by the
5federal, State, or municipal government and certified by the
6Illinois Secretary of State, and (2) furnish therewith a
7certified copy of the plat of annexation or, in the case of
8disconnection, the ordinance, final judgment, or resolution of
9disconnection together with an accurate depiction of the
10territory disconnected. The county in which the annexed or
11disconnected territory is located shall verify that the number
12of residents stated on the written notice that is to be sent to
13the Department of Revenue is true and accurate. The verified
14statement of the county shall accompany the written notice.
15However, if the county does not respond to the municipality's
16request for verification within 30 days, this verification
17requirement shall be waived. The written notice shall be
18provided to the Department of Revenue (1) within 30 days after
19the effective date of this amendatory Act of the 96th General
20Assembly for disconnections occurring after January 1, 2007 and
21before the effective date of this amendatory Act of the 96th
22General Assembly or (2) within 30 days after the annexation or
23disconnection for annexations or disconnections occurring on
24or after the effective date of this amendatory Act of the 96th
25General Assembly. For purposes of this Section, a disconnection
26or annexation through court order is deemed to be effective 30

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1days after the entry of a final judgment order, unless stayed
2pending appeal. Thereafter, the monthly allocation made to the
3municipality and to any other municipality or county affected
4by the annexation or disconnection shall be adjusted in
5accordance with this Section to reflect the change in residency
6of the residents of the territory that was annexed or
7disconnected. The adjustment shall be made no later than 30
8days after the Department of Revenue's receipt of the written
9notice of annexation or disconnection described in this
10Section.
11 (c) In this Section, "penal institution" has the same
12meaning ascribed to it in Section 2-14 of the Criminal Code of
132012.
14(Source: P.A. 96-1040, eff. 7-14-10.)
15 Section 115. The Unified Code of Corrections is amended by
16changing Section 5-6-3.6 as follows:
17 (730 ILCS 5/5-6-3.6)
18 (Section scheduled to be repealed on January 1, 2023)
19 Sec. 5-6-3.6. First Time Weapon Offender Program.
20 (a) The General Assembly has sought to promote public
21safety, reduce recidivism, and conserve valuable resources of
22the criminal justice system through the creation of diversion
23programs for non-violent offenders. This amendatory Act of the
24100th General Assembly establishes a pilot program for

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1first-time, non-violent offenders charged with certain weapons
2offenses. The General Assembly recognizes some persons,
3particularly young adults in areas of high crime or poverty,
4may have experienced trauma that contributes to poor decision
5making skills, and the creation of a diversionary program poses
6a greater benefit to the community and the person than
7incarceration. Under this program, a court, with the consent of
8the defendant and the State's Attorney, may sentence a
9defendant charged with an unlawful use of weapons offense under
10Section 24-1 of the Criminal Code of 2012 or aggravated
11unlawful use of a weapon offense under Section 24-1.6 of the
12Criminal Code of 2012, if punishable as a Class 4 felony or
13lower, to a First Time Weapon Offender Program.
14 (b) A defendant is not eligible for this Program if:
15 (1) the offense was committed during the commission of
16 a violent offense as defined in subsection (h) of this
17 Section;
18 (2) he or she has previously been convicted or placed
19 on probation or conditional discharge for any violent
20 offense under the laws of this State, the laws of any other
21 state, or the laws of the United States;
22 (3) he or she had a prior successful completion of the
23 First Time Weapon Offender Program under this Section;
24 (4) he or she has previously been adjudicated a
25 delinquent minor for the commission of a violent offense;
26 (5) he or she is 21 years of age or older; or

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1 (6) he or she has an existing order of protection
2 issued against him or her.
3 (b-5) In considering whether a defendant shall be sentenced
4to the First Time Weapon Offender Program, the court shall
5consider the following:
6 (1) the age, immaturity, or limited mental capacity of
7 the defendant;
8 (2) the nature and circumstances of the offense;
9 (3) whether participation in the Program is in the
10 interest of the defendant's rehabilitation, including any
11 employment or involvement in community, educational,
12 training, or vocational programs;
13 (4) whether the defendant suffers from trauma, as
14 supported by documentation or evaluation by a licensed
15 professional; and
16 (5) the potential risk to public safety.
17 (c) For an offense committed on or after the effective date
18of this amendatory Act of the 100th General Assembly and before
19January 1, 2023, whenever an eligible person pleads guilty to
20an unlawful use of weapons offense under Section 24-1 of the
21Criminal Code of 2012 or aggravated unlawful use of a weapon
22offense under Section 24-1.6 of the Criminal Code of 2012,
23which is punishable as a Class 4 felony or lower, the court,
24with the consent of the defendant and the State's Attorney,
25may, without entering a judgment, sentence the defendant to
26complete the First Time Weapon Offender Program. When a

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1defendant is placed in the Program, the court shall defer
2further proceedings in the case until the conclusion of the
3period or until the filing of a petition alleging violation of
4a term or condition of the Program. Upon violation of a term or
5condition of the Program, the court may enter a judgment on its
6original finding of guilt and proceed as otherwise provided by
7law. Upon fulfillment of the terms and conditions of the
8Program, the court shall discharge the person and dismiss the
9proceedings against the person.
10 (d) The Program shall be at least 18 months and not to
11exceed 24 months, as determined by the court at the
12recommendation of the program administrator and the State's
13Attorney.
14 (e) The conditions of the Program shall be that the
15defendant:
16 (1) not violate any criminal statute of this State or
17 any other jurisdiction;
18 (2) refrain from possessing a firearm or other
19 dangerous weapon;
20 (3) obtain or attempt to obtain employment;
21 (4) attend educational courses designed to prepare the
22 defendant for obtaining a high school diploma or to work
23 toward passing high school equivalency testing or to work
24 toward completing a vocational training program;
25 (5) refrain from having in his or her body the presence
26 of any illicit drug prohibited by the Methamphetamine

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1 Control and Community Protection Act, the Cannabis Control
2 Act, or the Illinois Controlled Substances Act, unless
3 prescribed by a physician, and submit samples of his or her
4 blood or urine or both for tests to determine the presence
5 of any illicit drug;
6 (6) perform a minimum of 50 hours of community service;
7 (7) attend and participate in any Program activities
8 deemed required by the Program administrator, including
9 but not limited to: counseling sessions, in-person and over
10 the phone check-ins, and educational classes; and
11 (8) pay all fines, assessments, fees, and costs.
12 (f) The Program may, in addition to other conditions,
13require that the defendant:
14 (1) (blank) wear an ankle bracelet with GPS tracking;
15 (2) undergo medical or psychiatric treatment, or
16 treatment or rehabilitation approved by the Department of
17 Human Services; and
18 (3) attend or reside in a facility established for the
19 instruction or residence of defendants on probation.
20 (g) There may be only one discharge and dismissal under
21this Section. If a person is convicted of any offense which
22occurred within 5 years subsequent to a discharge and dismissal
23under this Section, the discharge and dismissal under this
24Section shall be admissible in the sentencing proceeding for
25that conviction as evidence in aggravation.
26 (g-5) The Program shall be implemented by the Safe and Full

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1Employment Coordinating Board established under Section 7.3-2
2of the Illinois Criminal Justice Information Act.
3 (h) For purposes of this Section, "violent offense" means
4any offense in which bodily harm was inflicted or force was
5used against any person or threatened against any person; any
6offense involving the possession of a firearm or dangerous
7weapon; any offense involving sexual conduct, sexual
8penetration, or sexual exploitation; violation of an order of
9protection, stalking, hate crime, domestic battery, or any
10offense of domestic violence.
11 (i) This Section is repealed on January 1, 2023.
12(Source: P.A. 100-3, eff. 1-1-18.)
13 Section 999. Effective date. This Act takes effect upon
14becoming law.

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1 INDEX
2 Statutes amended in order of appearance