Sen. Kyle McCarter

Filed: 4/12/2013

 

 


 

 


 
09800SB1969sam001LRB098 06545 RLC 44309 a

1
AMENDMENT TO SENATE BILL 1969

2    AMENDMENT NO. ______. Amend Senate Bill 1969 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    (Text of Section before amendment by P.A. 97-1167)
8    Sec. 4. (a) Each applicant for a Firearm Owner's
9Identification Card must:
10        (1) Make application on blank forms prepared and
11    furnished at convenient locations throughout the State by
12    the Department of State Police, or by electronic means, if
13    and when made available by the Department of State Police;
14    and
15        (2) Submit evidence to the Department of State Police
16    that:

 

 

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1            (i) He or she is 18 21 years of age or over, or if
2        he or she is under 18 21 years of age that he or she has
3        the written consent of his or her parent or legal
4        guardian to possess and acquire firearms and firearm
5        ammunition and that, if he or she is under 21 years of
6        age, he or she has never been convicted of a
7        misdemeanor other than a traffic offense or adjudged
8        delinquent, provided, however, that such parent or
9        legal guardian of an applicant under 18 years of age is
10        not an individual prohibited from having a Firearm
11        Owner's Identification Card and files an affidavit
12        with the Department as prescribed by the Department
13        stating that he or she is not an individual prohibited
14        from having a Card;
15            (ii) He or she has not been convicted of a felony
16        under the laws of this or any other jurisdiction;
17            (iii) He or she is not addicted to narcotics;
18            (iv) He or she has not been a patient in a mental
19        institution within the past 5 years and he or she has
20        not been adjudicated as a mental defective;
21            (v) He or she is not intellectually disabled;
22            (vi) He or she is not an alien who is unlawfully
23        present in the United States under the laws of the
24        United States;
25            (vii) He or she is not subject to an existing order
26        of protection prohibiting him or her from possessing a

 

 

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1        firearm;
2            (viii) He or she has not been convicted within the
3        past 5 years of battery, assault, aggravated assault,
4        violation of an order of protection, or a substantially
5        similar offense in another jurisdiction, in which a
6        firearm was used or possessed;
7            (ix) He or she has not been convicted of domestic
8        battery, aggravated domestic battery, or a
9        substantially similar offense in another jurisdiction
10        committed before, on or after January 1, 2012 (the
11        effective date of Public Act 97-158). If the applicant
12        knowingly and intelligently waives the right to have an
13        offense described in this clause (ix) tried by a jury,
14        and by guilty plea or otherwise, results in a
15        conviction for an offense in which a domestic
16        relationship is not a required element of the offense
17        but in which a determination of the applicability of 18
18        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
19        Code of Criminal Procedure of 1963, an entry by the
20        court of a judgment of conviction for that offense
21        shall be grounds for denying the issuance of a Firearm
22        Owner's Identification Card under this Section;
23            (x) (Blank);
24            (xi) He or she is not an alien who has been
25        admitted to the United States under a non-immigrant
26        visa (as that term is defined in Section 101(a)(26) of

 

 

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1        the Immigration and Nationality Act (8 U.S.C.
2        1101(a)(26))), or that he or she is an alien who has
3        been lawfully admitted to the United States under a
4        non-immigrant visa if that alien is:
5                (1) admitted to the United States for lawful
6            hunting or sporting purposes;
7                (2) an official representative of a foreign
8            government who is:
9                    (A) accredited to the United States
10                Government or the Government's mission to an
11                international organization having its
12                headquarters in the United States; or
13                    (B) en route to or from another country to
14                which that alien is accredited;
15                (3) an official of a foreign government or
16            distinguished foreign visitor who has been so
17            designated by the Department of State;
18                (4) a foreign law enforcement officer of a
19            friendly foreign government entering the United
20            States on official business; or
21                (5) one who has received a waiver from the
22            Attorney General of the United States pursuant to
23            18 U.S.C. 922(y)(3);
24            (xii) He or she is not a minor subject to a
25        petition filed under Section 5-520 of the Juvenile
26        Court Act of 1987 alleging that the minor is a

 

 

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1        delinquent minor for the commission of an offense that
2        if committed by an adult would be a felony;
3            (xiii) He or she is not an adult who had been
4        adjudicated a delinquent minor under the Juvenile
5        Court Act of 1987 for the commission of an offense that
6        if committed by an adult would be a felony; and
7            (xiv) He or she is a resident of the State of
8        Illinois; and
9        (3) Upon request by the Department of State Police,
10    sign a release on a form prescribed by the Department of
11    State Police waiving any right to confidentiality and
12    requesting the disclosure to the Department of State Police
13    of limited mental health institution admission information
14    from another state, the District of Columbia, any other
15    territory of the United States, or a foreign nation
16    concerning the applicant for the sole purpose of
17    determining whether the applicant is or was a patient in a
18    mental health institution and disqualified because of that
19    status from receiving a Firearm Owner's Identification
20    Card. No mental health care or treatment records may be
21    requested. The information received shall be destroyed
22    within one year of receipt.
23    (a-5) Each applicant for a Firearm Owner's Identification
24Card who is over the age of 18 shall furnish to the Department
25of State Police either his or her Illinois driver's license
26number or Illinois Identification Card number, except as

 

 

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1provided in subsection (a-10).
2    (a-10) Each applicant for a Firearm Owner's Identification
3Card, who is employed as a law enforcement officer, an armed
4security officer in Illinois, or by the United States Military
5permanently assigned in Illinois and who is not an Illinois
6resident, shall furnish to the Department of State Police his
7or her driver's license number or state identification card
8number from his or her state of residence. The Department of
9State Police may promulgate rules to enforce the provisions of
10this subsection (a-10).
11    (a-15) If an applicant applying for a Firearm Owner's
12Identification Card moves from the residence address named in
13the application, he or she shall immediately notify in a form
14and manner prescribed by the Department of State Police of that
15change of address.
16    (a-20) Each applicant for a Firearm Owner's Identification
17Card shall furnish to the Department of State Police his or her
18photograph. An applicant who is 21 years of age or older
19seeking a religious exemption to the photograph requirement
20must furnish with the application an approved copy of United
21States Department of the Treasury Internal Revenue Service Form
224029. In lieu of a photograph, an applicant regardless of age
23seeking a religious exemption to the photograph requirement
24shall submit fingerprints on a form and manner prescribed by
25the Department with his or her application.
26    (b) Each application form shall include the following

 

 

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1statement printed in bold type: "Warning: Entering false
2information on an application for a Firearm Owner's
3Identification Card is punishable as a Class 2 felony in
4accordance with subsection (d-5) of Section 14 of the Firearm
5Owners Identification Card Act.".
6    (c) Upon such written consent, pursuant to Section 4,
7paragraph (a)(2)(i), the parent or legal guardian giving the
8consent shall be liable for any damages resulting from the
9applicant's use of firearms or firearm ammunition.
10(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
11eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
12    (Text of Section after amendment by P.A. 97-1167)
13    Sec. 4. (a) Each applicant for a Firearm Owner's
14Identification Card must:
15        (1) Make application on blank forms prepared and
16    furnished at convenient locations throughout the State by
17    the Department of State Police, or by electronic means, if
18    and when made available by the Department of State Police;
19    and
20        (2) Submit evidence to the Department of State Police
21    that:
22            (i) He or she is 18 21 years of age or over, or if
23        he or she is under 18 21 years of age that he or she has
24        the written consent of his or her parent or legal
25        guardian to possess and acquire firearms and firearm

 

 

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1        ammunition and that, if he or she is under 21 years of
2        age, he or she has never been convicted of a
3        misdemeanor other than a traffic offense or adjudged
4        delinquent, provided, however, that such parent or
5        legal guardian of an applicant under 18 years of age is
6        not an individual prohibited from having a Firearm
7        Owner's Identification Card and files an affidavit
8        with the Department as prescribed by the Department
9        stating that he or she is not an individual prohibited
10        from having a Card;
11            (ii) He or she has not been convicted of a felony
12        under the laws of this or any other jurisdiction;
13            (iii) He or she is not addicted to narcotics;
14            (iv) He or she has not been a patient in a mental
15        institution within the past 5 years;
16            (v) He or she is not intellectually disabled;
17            (vi) He or she is not an alien who is unlawfully
18        present in the United States under the laws of the
19        United States;
20            (vii) He or she is not subject to an existing order
21        of protection prohibiting him or her from possessing a
22        firearm;
23            (viii) He or she has not been convicted within the
24        past 5 years of battery, assault, aggravated assault,
25        violation of an order of protection, or a substantially
26        similar offense in another jurisdiction, in which a

 

 

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1        firearm was used or possessed;
2            (ix) He or she has not been convicted of domestic
3        battery, aggravated domestic battery, or a
4        substantially similar offense in another jurisdiction
5        committed before, on or after January 1, 2012 (the
6        effective date of Public Act 97-158). If the applicant
7        knowingly and intelligently waives the right to have an
8        offense described in this clause (ix) tried by a jury,
9        and by guilty plea or otherwise, results in a
10        conviction for an offense in which a domestic
11        relationship is not a required element of the offense
12        but in which a determination of the applicability of 18
13        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
14        Code of Criminal Procedure of 1963, an entry by the
15        court of a judgment of conviction for that offense
16        shall be grounds for denying the issuance of a Firearm
17        Owner's Identification Card under this Section;
18            (x) (Blank);
19            (xi) He or she is not an alien who has been
20        admitted to the United States under a non-immigrant
21        visa (as that term is defined in Section 101(a)(26) of
22        the Immigration and Nationality Act (8 U.S.C.
23        1101(a)(26))), or that he or she is an alien who has
24        been lawfully admitted to the United States under a
25        non-immigrant visa if that alien is:
26                (1) admitted to the United States for lawful

 

 

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1            hunting or sporting purposes;
2                (2) an official representative of a foreign
3            government who is:
4                    (A) accredited to the United States
5                Government or the Government's mission to an
6                international organization having its
7                headquarters in the United States; or
8                    (B) en route to or from another country to
9                which that alien is accredited;
10                (3) an official of a foreign government or
11            distinguished foreign visitor who has been so
12            designated by the Department of State;
13                (4) a foreign law enforcement officer of a
14            friendly foreign government entering the United
15            States on official business; or
16                (5) one who has received a waiver from the
17            Attorney General of the United States pursuant to
18            18 U.S.C. 922(y)(3);
19            (xii) He or she is not a minor subject to a
20        petition filed under Section 5-520 of the Juvenile
21        Court Act of 1987 alleging that the minor is a
22        delinquent minor for the commission of an offense that
23        if committed by an adult would be a felony;
24            (xiii) He or she is not an adult who had been
25        adjudicated a delinquent minor under the Juvenile
26        Court Act of 1987 for the commission of an offense that

 

 

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1        if committed by an adult would be a felony;
2            (xiv) He or she is a resident of the State of
3        Illinois; and
4            (xv) He or she has not been adjudicated as a mental
5        defective; and
6        (3) Upon request by the Department of State Police,
7    sign a release on a form prescribed by the Department of
8    State Police waiving any right to confidentiality and
9    requesting the disclosure to the Department of State Police
10    of limited mental health institution admission information
11    from another state, the District of Columbia, any other
12    territory of the United States, or a foreign nation
13    concerning the applicant for the sole purpose of
14    determining whether the applicant is or was a patient in a
15    mental health institution and disqualified because of that
16    status from receiving a Firearm Owner's Identification
17    Card. No mental health care or treatment records may be
18    requested. The information received shall be destroyed
19    within one year of receipt.
20    (a-5) Each applicant for a Firearm Owner's Identification
21Card who is over the age of 18 shall furnish to the Department
22of State Police either his or her Illinois driver's license
23number or Illinois Identification Card number, except as
24provided in subsection (a-10).
25    (a-10) Each applicant for a Firearm Owner's Identification
26Card, who is employed as a law enforcement officer, an armed

 

 

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1security officer in Illinois, or by the United States Military
2permanently assigned in Illinois and who is not an Illinois
3resident, shall furnish to the Department of State Police his
4or her driver's license number or state identification card
5number from his or her state of residence. The Department of
6State Police may promulgate rules to enforce the provisions of
7this subsection (a-10).
8    (a-15) If an applicant applying for a Firearm Owner's
9Identification Card moves from the residence address named in
10the application, he or she shall immediately notify in a form
11and manner prescribed by the Department of State Police of that
12change of address.
13    (a-20) Each applicant for a Firearm Owner's Identification
14Card shall furnish to the Department of State Police his or her
15photograph. An applicant who is 21 years of age or older
16seeking a religious exemption to the photograph requirement
17must furnish with the application an approved copy of United
18States Department of the Treasury Internal Revenue Service Form
194029. In lieu of a photograph, an applicant regardless of age
20seeking a religious exemption to the photograph requirement
21shall submit fingerprints on a form and manner prescribed by
22the Department with his or her application.
23    (b) Each application form shall include the following
24statement printed in bold type: "Warning: Entering false
25information on an application for a Firearm Owner's
26Identification Card is punishable as a Class 2 felony in

 

 

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1accordance with subsection (d-5) of Section 14 of the Firearm
2Owners Identification Card Act.".
3    (c) Upon such written consent, pursuant to Section 4,
4paragraph (a)(2)(i), the parent or legal guardian giving the
5consent shall be liable for any damages resulting from the
6applicant's use of firearms or firearm ammunition.
7(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
8eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
 
9    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
10    (Text of Section before amendment by P.A. 97-1167)
11    Sec. 8. The Department of State Police has authority to
12deny an application for or to revoke and seize a Firearm
13Owner's Identification Card previously issued under this Act
14only if the Department finds that the applicant or the person
15to whom such card was issued is or was at the time of issuance:
16    (a) A person under 21 years of age who has been convicted
17of a misdemeanor other than a traffic offense or adjudged
18delinquent;
19    (b) A person under 18 21 years of age who does not have the
20written consent of his parent or guardian to acquire and
21possess firearms and firearm ammunition, or whose parent or
22guardian has revoked such written consent, or where such parent
23or guardian does not qualify to have a Firearm Owner's
24Identification Card;
25    (c) A person convicted of a felony under the laws of this

 

 

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1or any other jurisdiction;
2    (d) A person addicted to narcotics;
3    (e) A person who has been a patient of a mental institution
4within the past 5 years or has been adjudicated as a mental
5defective;
6    (f) A person whose mental condition is of such a nature
7that it poses a clear and present danger to the applicant, any
8other person or persons or the community;
9    For the purposes of this Section, "mental condition" means
10a state of mind manifested by violent, suicidal, threatening or
11assaultive behavior.
12    (g) A person who is intellectually disabled;
13    (h) A person who intentionally makes a false statement in
14the Firearm Owner's Identification Card application;
15    (i) An alien who is unlawfully present in the United States
16under the laws of the United States;
17    (i-5) An alien who has been admitted to the United States
18under a non-immigrant visa (as that term is defined in Section
19101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
201101(a)(26))), except that this subsection (i-5) does not apply
21to any alien who has been lawfully admitted to the United
22States under a non-immigrant visa if that alien is:
23        (1) admitted to the United States for lawful hunting or
24    sporting purposes;
25        (2) an official representative of a foreign government
26    who is:

 

 

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1            (A) accredited to the United States Government or
2        the Government's mission to an international
3        organization having its headquarters in the United
4        States; or
5            (B) en route to or from another country to which
6        that alien is accredited;
7        (3) an official of a foreign government or
8    distinguished foreign visitor who has been so designated by
9    the Department of State;
10        (4) a foreign law enforcement officer of a friendly
11    foreign government entering the United States on official
12    business; or
13        (5) one who has received a waiver from the Attorney
14    General of the United States pursuant to 18 U.S.C.
15    922(y)(3);
16    (j) (Blank);
17    (k) A person who has been convicted within the past 5 years
18of battery, assault, aggravated assault, violation of an order
19of protection, or a substantially similar offense in another
20jurisdiction, in which a firearm was used or possessed;
21    (l) A person who has been convicted of domestic battery,
22aggravated domestic battery, or a substantially similar
23offense in another jurisdiction committed before, on or after
24January 1, 2012 (the effective date of Public Act 97-158). If
25the applicant or person who has been previously issued a
26Firearm Owner's Identification Card under this Act knowingly

 

 

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1and intelligently waives the right to have an offense described
2in this paragraph (l) tried by a jury, and by guilty plea or
3otherwise, results in a conviction for an offense in which a
4domestic relationship is not a required element of the offense
5but in which a determination of the applicability of 18 U.S.C.
6922(g)(9) is made under Section 112A-11.1 of the Code of
7Criminal Procedure of 1963, an entry by the court of a judgment
8of conviction for that offense shall be grounds for denying an
9application for and for revoking and seizing a Firearm Owner's
10Identification Card previously issued to the person under this
11Act;
12    (m) (Blank);
13    (n) A person who is prohibited from acquiring or possessing
14firearms or firearm ammunition by any Illinois State statute or
15by federal law;
16    (o) A minor subject to a petition filed under Section 5-520
17of the Juvenile Court Act of 1987 alleging that the minor is a
18delinquent minor for the commission of an offense that if
19committed by an adult would be a felony;
20    (p) An adult who had been adjudicated a delinquent minor
21under the Juvenile Court Act of 1987 for the commission of an
22offense that if committed by an adult would be a felony; or
23    (q) A person who is not a resident of the State of
24Illinois, except as provided in subsection (a-10) of Section 4.
25(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
26eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 

 

 

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1    (Text of Section after amendment by P.A. 97-1167)
2    Sec. 8. The Department of State Police has authority to
3deny an application for or to revoke and seize a Firearm
4Owner's Identification Card previously issued under this Act
5only if the Department finds that the applicant or the person
6to whom such card was issued is or was at the time of issuance:
7    (a) A person under 21 years of age who has been convicted
8of a misdemeanor other than a traffic offense or adjudged
9delinquent;
10    (b) A person under 18 21 years of age who does not have the
11written consent of his parent or guardian to acquire and
12possess firearms and firearm ammunition, or whose parent or
13guardian has revoked such written consent, or where such parent
14or guardian does not qualify to have a Firearm Owner's
15Identification Card;
16    (c) A person convicted of a felony under the laws of this
17or any other jurisdiction;
18    (d) A person addicted to narcotics;
19    (e) A person who has been a patient of a mental institution
20within the past 5 years. An active law enforcement officer
21employed by a unit of government who is denied, revoked, or has
22his or her Firearm Owner's Identification Card seized under
23this subsection (e) may obtain relief as described in
24subsection (c-5) of Section 10 of this Act if the officer did
25not act in a manner threatening to the officer, another person,

 

 

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1or the public as determined by the treating clinical
2psychologist or physician, and the officer seeks mental health
3treatment;
4    (f) A person whose mental condition is of such a nature
5that it poses a clear and present danger to the applicant, any
6other person or persons or the community;
7    For the purposes of this Section, "mental condition" means
8a state of mind manifested by violent, suicidal, threatening or
9assaultive behavior.
10    (g) A person who is intellectually disabled;
11    (h) A person who intentionally makes a false statement in
12the Firearm Owner's Identification Card application;
13    (i) An alien who is unlawfully present in the United States
14under the laws of the United States;
15    (i-5) An alien who has been admitted to the United States
16under a non-immigrant visa (as that term is defined in Section
17101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
181101(a)(26))), except that this subsection (i-5) does not apply
19to any alien who has been lawfully admitted to the United
20States under a non-immigrant visa if that alien is:
21        (1) admitted to the United States for lawful hunting or
22    sporting purposes;
23        (2) an official representative of a foreign government
24    who is:
25            (A) accredited to the United States Government or
26        the Government's mission to an international

 

 

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1        organization having its headquarters in the United
2        States; or
3            (B) en route to or from another country to which
4        that alien is accredited;
5        (3) an official of a foreign government or
6    distinguished foreign visitor who has been so designated by
7    the Department of State;
8        (4) a foreign law enforcement officer of a friendly
9    foreign government entering the United States on official
10    business; or
11        (5) one who has received a waiver from the Attorney
12    General of the United States pursuant to 18 U.S.C.
13    922(y)(3);
14    (j) (Blank);
15    (k) A person who has been convicted within the past 5 years
16of battery, assault, aggravated assault, violation of an order
17of protection, or a substantially similar offense in another
18jurisdiction, in which a firearm was used or possessed;
19    (l) A person who has been convicted of domestic battery,
20aggravated domestic battery, or a substantially similar
21offense in another jurisdiction committed before, on or after
22January 1, 2012 (the effective date of Public Act 97-158). If
23the applicant or person who has been previously issued a
24Firearm Owner's Identification Card under this Act knowingly
25and intelligently waives the right to have an offense described
26in this paragraph (l) tried by a jury, and by guilty plea or

 

 

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1otherwise, results in a conviction for an offense in which a
2domestic relationship is not a required element of the offense
3but in which a determination of the applicability of 18 U.S.C.
4922(g)(9) is made under Section 112A-11.1 of the Code of
5Criminal Procedure of 1963, an entry by the court of a judgment
6of conviction for that offense shall be grounds for denying an
7application for and for revoking and seizing a Firearm Owner's
8Identification Card previously issued to the person under this
9Act;
10    (m) (Blank);
11    (n) A person who is prohibited from acquiring or possessing
12firearms or firearm ammunition by any Illinois State statute or
13by federal law;
14    (o) A minor subject to a petition filed under Section 5-520
15of the Juvenile Court Act of 1987 alleging that the minor is a
16delinquent minor for the commission of an offense that if
17committed by an adult would be a felony;
18    (p) An adult who had been adjudicated a delinquent minor
19under the Juvenile Court Act of 1987 for the commission of an
20offense that if committed by an adult would be a felony;
21    (q) A person who is not a resident of the State of
22Illinois, except as provided in subsection (a-10) of Section 4;
23or
24    (r) A person who has been adjudicated as a mental
25defective.
26(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

 

 

09800SB1969sam001- 21 -LRB098 06545 RLC 44309 a

1eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
297-1167, eff. 6-1-13.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".