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91_HB0115eng HB0115 Engrossed LRB9100786RCks 1 AN ACT in relation to the penalties for unlawful use or 2 possession of weapons by felons or persons in the custody of 3 the Department of Corrections facilities, amending named 4 Acts. 5 Be it enacted by the People of the State of Illinois, 6 represented in the General Assembly: 7 Section 5. The Criminal Code of 1961 is amended by 8 changing Section 24-1.1 as follows: 9 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) 10 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 11 Felons or Persons in the Custody of the Department of 12 Corrections Facilities. 13 (a) It is unlawful for a person to knowingly possess on 14 or about his person or on his land or in his own abode or 15 fixed place of business any weapon prohibited under Section 16 24-1 of this Act or any firearm or any firearm ammunition if 17 the person has been convicted of a felony under the laws of 18 this State or any other jurisdiction. This Section shall not 19 apply if the person has been granted relief by the Director 20 of the Department of State Police under Section 10 of the 21 Firearm Owners Identification Card Act. 22 (b) It is unlawful for any person confined in a penal 23 institution, which is a facility of the Illinois Department 24 of Corrections, to possess any weapon prohibited under 25 Section 24-1 of this Code or any firearm or firearm 26 ammunition, regardless of the intent with which he possesses 27 it. 28 (c) It shall be an affirmative defense to a violation of 29 subsection (b), that such possession was specifically 30 authorized by rule, regulation, or directive of the Illinois 31 Department of Corrections or order issued pursuant thereto. HB0115 Engrossed -2- LRB9100786RCks 1 (d) The defense of necessity is not available to a 2 person who is charged with a violation of subsection (b) of 3 this Section. 4 (e) Sentence. Violation of this Section by possessing a 5 firearm is a Class 2 felony. Violation of this Section, 6 other than by possessing a firearm, is a Class 3 felonya7person not confined in a penal institution shall be a Class 38felony. Any person who violates this Section while confined 9 in a penal institution, which is a facility of the Illinois 10 Department of Corrections, is guilty of a Class 1 felony, if 11 he possesses any weapon prohibited under Section 24-1 of this 12 Code regardless of the intent with which he possesses it, and 13 a Class X felony if he possesses any firearm, firearm 14 ammunition or explosive. 15 (Source: P.A. 88-300.) 16 Section 10. The Unified Code of Corrections is amended 17 by changing Section 5-5-3 as follows: 18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 19 Sec. 5-5-3. Disposition. 20 (a) Every person convicted of an offense shall be 21 sentenced as provided in this Section. 22 (b) The following options shall be appropriate 23 dispositions, alone or in combination, for all felonies and 24 misdemeanors other than those identified in subsection (c) of 25 this Section: 26 (1) A period of probation. 27 (2) A term of periodic imprisonment. 28 (3) A term of conditional discharge. 29 (4) A term of imprisonment. 30 (5) An order directing the offender to clean up and 31 repair the damage, if the offender was convicted under 32 paragraph (h) of Section 21-1 of the Criminal Code of HB0115 Engrossed -3- LRB9100786RCks 1 1961. 2 (6) A fine. 3 (7) An order directing the offender to make 4 restitution to the victim under Section 5-5-6 of this 5 Code. 6 (8) A sentence of participation in a county impact 7 incarceration program under Section 5-8-1.2 of this Code. 8 Whenever an individual is sentenced for an offense based 9 upon an arrest for a violation of Section 11-501 of the 10 Illinois Vehicle Code, or a similar provision of a local 11 ordinance, and the professional evaluation recommends 12 remedial or rehabilitative treatment or education, neither 13 the treatment nor the education shall be the sole disposition 14 and either or both may be imposed only in conjunction with 15 another disposition. The court shall monitor compliance with 16 any remedial education or treatment recommendations contained 17 in the professional evaluation. Programs conducting alcohol 18 or other drug evaluation or remedial education must be 19 licensed by the Department of Human Services. However, if 20 the individual is not a resident of Illinois, the court may 21 accept an alcohol or other drug evaluation or remedial 22 education program in the state of such individual's 23 residence. Programs providing treatment must be licensed 24 under existing applicable alcoholism and drug treatment 25 licensure standards. 26 In addition to any other fine or penalty required by law, 27 any individual convicted of a violation of Section 11-501 of 28 the Illinois Vehicle Code or a similar provision of local 29 ordinance, whose operation of a motor vehicle while in 30 violation of Section 11-501 or such ordinance proximately 31 caused an incident resulting in an appropriate emergency 32 response, shall be required to make restitution to a public 33 agency for the costs of that emergency response. Such 34 restitution shall not exceed $500 per public agency for each HB0115 Engrossed -4- LRB9100786RCks 1 such emergency response. For the purpose of this paragraph, 2 emergency response shall mean any incident requiring a 3 response by: a police officer as defined under Section 1-162 4 of the Illinois Vehicle Code; a fireman carried on the rolls 5 of a regularly constituted fire department; and an ambulance 6 as defined under Section 4.05 of the Emergency Medical 7 Services (EMS) Systems Act. 8 Neither a fine nor restitution shall be the sole 9 disposition for a felony and either or both may be imposed 10 only in conjunction with another disposition. 11 (c) (1) When a defendant is found guilty of first degree 12 murder the State may either seek a sentence of 13 imprisonment under Section 5-8-1 of this Code, or where 14 appropriate seek a sentence of death under Section 9-1 of 15 the Criminal Code of 1961. 16 (2) A period of probation, a term of periodic 17 imprisonment or conditional discharge shall not be 18 imposed for the following offenses. The court shall 19 sentence the offender to not less than the minimum term 20 of imprisonment set forth in this Code for the following 21 offenses, and may order a fine or restitution or both in 22 conjunction with such term of imprisonment: 23 (A) First degree murder where the death 24 penalty is not imposed. 25 (B) Attempted first degree murder. 26 (C) A Class X felony. 27 (D) A violation of Section 401.1 or 407 of the 28 Illinois Controlled Substances Act, or a violation 29 of subdivision (c)(2) of Section 401 of that Act 30 which relates to more than 5 grams of a substance 31 containing cocaine or an analog thereof. 32 (E) A violation of Section 5.1 or 9 of the 33 Cannabis Control Act. 34 (F) A Class 2 or greater felony if the HB0115 Engrossed -5- LRB9100786RCks 1 offender had been convicted of a Class 2 or greater 2 felony within 10 years of the date on which he 3 committed the offense for which he is being 4 sentenced. 5 (G) Residential burglary. 6 (H) Criminal sexual assault, except as 7 otherwise provided in subsection (e) of this 8 Section. 9 (I) Aggravated battery of a senior citizen. 10 (J) A forcible felony if the offense was 11 related to the activities of an organized gang. 12 Before July 1, 1994, for the purposes of this 13 paragraph, "organized gang" means an association of 14 5 or more persons, with an established hierarchy, 15 that encourages members of the association to 16 perpetrate crimes or provides support to the members 17 of the association who do commit crimes. 18 Beginning July 1, 1994, for the purposes of 19 this paragraph, "organized gang" has the meaning 20 ascribed to it in Section 10 of the Illinois 21 Streetgang Terrorism Omnibus Prevention Act. 22 (K) Vehicular hijacking. 23 (L) A second or subsequent conviction for the 24 offense of hate crime when the underlying offense 25 upon which the hate crime is based is felony 26 aggravated assault or felony mob action. 27 (M) A second or subsequent conviction for the 28 offense of institutional vandalism if the damage to 29 the property exceeds $300. 30 (N) A Class 3 felony violation of paragraph 31 (1) of subsection (a) of Section 2 of the Firearm 32 Owners Identification Card Act. 33 (O) A violation of Section 12-6.1 of the 34 Criminal Code of 1961. HB0115 Engrossed -6- LRB9100786RCks 1 (P) A violation of paragraph (1), (2), (3), 2 (4), (5), or (7) of subsection (a) of Section 3 11-20.1 of the Criminal Code of 1961. 4 (Q) A violation of Section 20-1.2 of the 5 Criminal Code of 1961. 6 (R)(Q)A violation of Section 24-3A of the 7 Criminal Code of 1961. 8 (S) A violation of Section 24-1.1 of the 9 Criminal Code of 1961 if the offense involved the 10 possession of a firearm. 11 (3) A minimum term of imprisonment of not less than 12 48 consecutive hours or 100 hours of community service as 13 may be determined by the court shall be imposed for a 14 second or subsequent violation committed within 5 years 15 of a previous violation of Section 11-501 of the Illinois 16 Vehicle Code or a similar provision of a local ordinance. 17 (4) A minimum term of imprisonment of not less than 18 7 consecutive days or 30 days of community service shall 19 be imposed for a violation of paragraph (c) of Section 20 6-303 of the Illinois Vehicle Code. 21 (4.1) A minimum term of 30 consecutive days of 22 imprisonment, 40 days of 24 hour periodic imprisonment or 23 720 hours of community service, as may be determined by 24 the court, shall be imposed for a violation of Section 25 11-501 of the Illinois Vehicle Code during a period in 26 which the defendant's driving privileges are revoked or 27 suspended, where the revocation or suspension was for a 28 violation of Section 11-501 or Section 11-501.1 of that 29 Code. 30 (5) The court may sentence an offender convicted of 31 a business offense or a petty offense or a corporation or 32 unincorporated association convicted of any offense to: 33 (A) a period of conditional discharge; 34 (B) a fine; HB0115 Engrossed -7- LRB9100786RCks 1 (C) make restitution to the victim under 2 Section 5-5-6 of this Code. 3 (6) In no case shall an offender be eligible for a 4 disposition of probation or conditional discharge for a 5 Class 1 felony committed while he was serving a term of 6 probation or conditional discharge for a felony. 7 (7) When a defendant is adjudged a habitual 8 criminal under Article 33B of the Criminal Code of 1961, 9 the court shall sentence the defendant to a term of 10 natural life imprisonment. 11 (8) When a defendant, over the age of 21 years, is 12 convicted of a Class 1 or Class 2 felony, after having 13 twice been convicted of any Class 2 or greater Class 14 felonies in Illinois, and such charges are separately 15 brought and tried and arise out of different series of 16 acts, such defendant shall be sentenced as a Class X 17 offender. This paragraph shall not apply unless (1) the 18 first felony was committed after the effective date of 19 this amendatory Act of 1977; and (2) the second felony 20 was committed after conviction on the first; and (3) the 21 third felony was committed after conviction on the 22 second. 23 (9) A defendant convicted of a second or subsequent 24 offense of ritualized abuse of a child may be sentenced 25 to a term of natural life imprisonment. 26 (10) Beginning July 1, 1994, unless sentencing 27 under Section 33B-1 is applicable, a term of imprisonment 28 of not less than 15 years nor more than 50 years shall be 29 imposed on a defendant who violates Section 33A-2 of the 30 Criminal Code of 1961 with a firearm, when that person 31 has been convicted in any state or federal court of 3 or 32 more of the following offenses: treason, first degree 33 murder, second degree murder, aggravated criminal sexual 34 assault, criminal sexual assault, robbery, burglary, HB0115 Engrossed -8- LRB9100786RCks 1 arson, kidnaping, aggravated battery resulting in great 2 bodily harm or permanent disability or disfigurement, or 3 a violation of Section 401(a) of the Illinois Controlled 4 Substances Act, when the third offense was committed 5 after conviction on the second, the second offense was 6 committed after conviction on the first, and the 7 violation of Section 33A-2 of the Criminal Code of 1961 8 was committed after conviction on the third. 9 (11) Beginning July 1, 1994, a term of imprisonment 10 of not less than 10 years and not more than 30 years 11 shall be imposed on a defendant who violates Section 12 33A-2 with a Category I weapon where the offense was 13 committed in any school, or any conveyance owned, leased, 14 or contracted by a school to transport students to or 15 from school or a school related activity, on the real 16 property comprising any school or public park, and where 17 the offense was related to the activities of an organized 18 gang. For the purposes of this paragraph (11), 19 "organized gang" has the meaning ascribed to it in 20 Section 10 of the Illinois Streetgang Terrorism Omnibus 21 Prevention Act. 22 (d) In any case in which a sentence originally imposed 23 is vacated, the case shall be remanded to the trial court. 24 The trial court shall hold a hearing under Section 5-4-1 of 25 the Unified Code of Corrections which may include evidence of 26 the defendant's life, moral character and occupation during 27 the time since the original sentence was passed. The trial 28 court shall then impose sentence upon the defendant. The 29 trial court may impose any sentence which could have been 30 imposed at the original trial subject to Section 5-5-4 of the 31 Unified Code of Corrections. 32 (e) In cases where prosecution for criminal sexual 33 assault or aggravated criminal sexual abuse under Section 34 12-13 or 12-16 of the Criminal Code of 1961 results in HB0115 Engrossed -9- LRB9100786RCks 1 conviction of a defendant who was a family member of the 2 victim at the time of the commission of the offense, the 3 court shall consider the safety and welfare of the victim and 4 may impose a sentence of probation only where: 5 (1) the court finds (A) or (B) or both are 6 appropriate: 7 (A) the defendant is willing to undergo a 8 court approved counseling program for a minimum 9 duration of 2 years; or 10 (B) the defendant is willing to participate in 11 a court approved plan including but not limited to 12 the defendant's: 13 (i) removal from the household; 14 (ii) restricted contact with the victim; 15 (iii) continued financial support of the 16 family; 17 (iv) restitution for harm done to the 18 victim; and 19 (v) compliance with any other measures 20 that the court may deem appropriate; and 21 (2) the court orders the defendant to pay for the 22 victim's counseling services, to the extent that the 23 court finds, after considering the defendant's income and 24 assets, that the defendant is financially capable of 25 paying for such services, if the victim was under 18 26 years of age at the time the offense was committed and 27 requires counseling as a result of the offense. 28 Probation may be revoked or modified pursuant to Section 29 5-6-4; except where the court determines at the hearing that 30 the defendant violated a condition of his or her probation 31 restricting contact with the victim or other family members 32 or commits another offense with the victim or other family 33 members, the court shall revoke the defendant's probation and 34 impose a term of imprisonment. HB0115 Engrossed -10- LRB9100786RCks 1 For the purposes of this Section, "family member" and 2 "victim" shall have the meanings ascribed to them in Section 3 12-12 of the Criminal Code of 1961. 4 (f) This Article shall not deprive a court in other 5 proceedings to order a forfeiture of property, to suspend or 6 cancel a license, to remove a person from office, or to 7 impose any other civil penalty. 8 (g) Whenever a defendant is convicted of an offense 9 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 10 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 11 12-15 or 12-16 of the Criminal Code of 1961, the defendant 12 shall undergo medical testing to determine whether the 13 defendant has any sexually transmissible disease, including a 14 test for infection with human immunodeficiency virus (HIV) or 15 any other identified causative agent of acquired 16 immunodeficiency syndrome (AIDS). Any such medical test 17 shall be performed only by appropriately licensed medical 18 practitioners and may include an analysis of any bodily 19 fluids as well as an examination of the defendant's person. 20 Except as otherwise provided by law, the results of such test 21 shall be kept strictly confidential by all medical personnel 22 involved in the testing and must be personally delivered in a 23 sealed envelope to the judge of the court in which the 24 conviction was entered for the judge's inspection in camera. 25 Acting in accordance with the best interests of the victim 26 and the public, the judge shall have the discretion to 27 determine to whom, if anyone, the results of the testing may 28 be revealed. The court shall notify the defendant of the test 29 results. The court shall also notify the victim if requested 30 by the victim, and if the victim is under the age of 15 and 31 if requested by the victim's parents or legal guardian, the 32 court shall notify the victim's parents or legal guardian of 33 the test results. The court shall provide information on the 34 availability of HIV testing and counseling at Department of HB0115 Engrossed -11- LRB9100786RCks 1 Public Health facilities to all parties to whom the results 2 of the testing are revealed and shall direct the State's 3 Attorney to provide the information to the victim when 4 possible. A State's Attorney may petition the court to obtain 5 the results of any HIV test administered under this Section, 6 and the court shall grant the disclosure if the State's 7 Attorney shows it is relevant in order to prosecute a charge 8 of criminal transmission of HIV under Section 12-16.2 of the 9 Criminal Code of 1961 against the defendant. The court shall 10 order that the cost of any such test shall be paid by the 11 county and may be taxed as costs against the convicted 12 defendant. 13 (g-5) When an inmate is tested for an airborne 14 communicable disease, as determined by the Illinois 15 Department of Public Health including but not limited to 16 tuberculosis, the results of the test shall be personally 17 delivered by the warden or his or her designee in a sealed 18 envelope to the judge of the court in which the inmate must 19 appear for the judge's inspection in camera if requested by 20 the judge. Acting in accordance with the best interests of 21 those in the courtroom, the judge shall have the discretion 22 to determine what if any precautions need to be taken to 23 prevent transmission of the disease in the courtroom. 24 (h) Whenever a defendant is convicted of an offense 25 under Section 1 or 2 of the Hypodermic Syringes and Needles 26 Act, the defendant shall undergo medical testing to determine 27 whether the defendant has been exposed to human 28 immunodeficiency virus (HIV) or any other identified 29 causative agent of acquired immunodeficiency syndrome (AIDS). 30 Except as otherwise provided by law, the results of such test 31 shall be kept strictly confidential by all medical personnel 32 involved in the testing and must be personally delivered in a 33 sealed envelope to the judge of the court in which the 34 conviction was entered for the judge's inspection in camera. HB0115 Engrossed -12- LRB9100786RCks 1 Acting in accordance with the best interests of the public, 2 the judge shall have the discretion to determine to whom, if 3 anyone, the results of the testing may be revealed. The court 4 shall notify the defendant of a positive test showing an 5 infection with the human immunodeficiency virus (HIV). The 6 court shall provide information on the availability of HIV 7 testing and counseling at Department of Public Health 8 facilities to all parties to whom the results of the testing 9 are revealed and shall direct the State's Attorney to provide 10 the information to the victim when possible. A State's 11 Attorney may petition the court to obtain the results of any 12 HIV test administered under this Section, and the court 13 shall grant the disclosure if the State's Attorney shows it 14 is relevant in order to prosecute a charge of criminal 15 transmission of HIV under Section 12-16.2 of the Criminal 16 Code of 1961 against the defendant. The court shall order 17 that the cost of any such test shall be paid by the county 18 and may be taxed as costs against the convicted defendant. 19 (i) All fines and penalties imposed under this Section 20 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 21 Vehicle Code, or a similar provision of a local ordinance, 22 and any violation of the Child Passenger Protection Act, or a 23 similar provision of a local ordinance, shall be collected 24 and disbursed by the circuit clerk as provided under Section 25 27.5 of the Clerks of Courts Act. 26 (j) In cases when prosecution for any violation of 27 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 28 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 29 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 30 12-16 of the Criminal Code of 1961, any violation of the 31 Illinois Controlled Substances Act, or any violation of the 32 Cannabis Control Act results in conviction, a disposition of 33 court supervision, or an order of probation granted under 34 Section 10 of the Cannabis Control Act or Section 410 of the HB0115 Engrossed -13- LRB9100786RCks 1 Illinois Controlled Substance Act of a defendant, the court 2 shall determine whether the defendant is employed by a 3 facility or center as defined under the Child Care Act of 4 1969, a public or private elementary or secondary school, or 5 otherwise works with children under 18 years of age on a 6 daily basis. When a defendant is so employed, the court 7 shall order the Clerk of the Court to send a copy of the 8 judgment of conviction or order of supervision or probation 9 to the defendant's employer by certified mail. If the 10 employer of the defendant is a school, the Clerk of the Court 11 shall direct the mailing of a copy of the judgment of 12 conviction or order of supervision or probation to the 13 appropriate regional superintendent of schools. The regional 14 superintendent of schools shall notify the State Board of 15 Education of any notification under this subsection. 16 (j-5) A defendant at least 17 years of age who is 17 convicted of a felony and who has not been previously 18 convicted of a misdemeanor or felony and who is sentenced to 19 a term of imprisonment in the Illinois Department of 20 Corrections shall as a condition of his or her sentence be 21 required by the court to attend educational courses designed 22 to prepare the defendant for a high school diploma and to 23 work toward a high school diploma or to work toward passing 24 the high school level Test of General Educational Development 25 (GED) or to work toward completing a vocational training 26 program offered by the Department of Corrections. If a 27 defendant fails to complete the educational training required 28 by his or her sentence during the term of incarceration, the 29 Prisoner Review Board shall, as a condition of mandatory 30 supervised release, require the defendant, at his or her own 31 expense, to pursue a course of study toward a high school 32 diploma or passage of the GED test. The Prisoner Review 33 Board shall revoke the mandatory supervised release of a 34 defendant who wilfully fails to comply with this subsection HB0115 Engrossed -14- LRB9100786RCks 1 (j-5) upon his or her release from confinement in a penal 2 institution while serving a mandatory supervised release 3 term; however, the inability of the defendant after making a 4 good faith effort to obtain financial aid or pay for the 5 educational training shall not be deemed a wilful failure to 6 comply. The Prisoner Review Board shall recommit the 7 defendant whose mandatory supervised release term has been 8 revoked under this subsection (j-5) as provided in Section 9 3-3-9. This subsection (j-5) does not apply to a defendant 10 who has a high school diploma or has successfully passed the 11 GED test. This subsection (j-5) does not apply to a defendant 12 who is determined by the court to be developmentally disabled 13 or otherwise mentally incapable of completing the educational 14 or vocational program. 15 (k) A court may not impose a sentence or disposition for 16 a felony or misdemeanor that requires the defendant to be 17 implanted or injected with or to use any form of birth 18 control. 19 (l) (A) Except as provided in paragraph (C) of 20 subsection (l), whenever a defendant, who is an alien as 21 defined by the Immigration and Nationality Act, is 22 convicted of any felony or misdemeanor offense, the court 23 after sentencing the defendant may, upon motion of the 24 State's Attorney, hold sentence in abeyance and remand 25 the defendant to the custody of the Attorney General of 26 the United States or his or her designated agent to be 27 deported when: 28 (1) a final order of deportation has been 29 issued against the defendant pursuant to proceedings 30 under the Immigration and Nationality Act, and 31 (2) the deportation of the defendant would not 32 deprecate the seriousness of the defendant's conduct 33 and would not be inconsistent with the ends of 34 justice. HB0115 Engrossed -15- LRB9100786RCks 1 Otherwise, the defendant shall be sentenced as 2 provided in this Chapter V. 3 (B) If the defendant has already been sentenced for 4 a felony or misdemeanor offense, or has been placed on 5 probation under Section 10 of the Cannabis Control Act or 6 Section 410 of the Illinois Controlled Substances Act, 7 the court may, upon motion of the State's Attorney to 8 suspend the sentence imposed, commit the defendant to the 9 custody of the Attorney General of the United States or 10 his or her designated agent when: 11 (1) a final order of deportation has been 12 issued against the defendant pursuant to proceedings 13 under the Immigration and Nationality Act, and 14 (2) the deportation of the defendant would not 15 deprecate the seriousness of the defendant's conduct 16 and would not be inconsistent with the ends of 17 justice. 18 (C) This subsection (l) does not apply to offenders 19 who are subject to the provisions of paragraph (2) of 20 subsection (a) of Section 3-6-3. 21 (D) Upon motion of the State's Attorney, if a 22 defendant sentenced under this Section returns to the 23 jurisdiction of the United States, the defendant shall be 24 recommitted to the custody of the county from which he or 25 she was sentenced. Thereafter, the defendant shall be 26 brought before the sentencing court, which may impose any 27 sentence that was available under Section 5-5-3 at the 28 time of initial sentencing. In addition, the defendant 29 shall not be eligible for additional good conduct credit 30 for meritorious service as provided under Section 3-6-6. 31 (m) A person convicted of criminal defacement of 32 property under Section 21-1.3 of the Criminal Code of 1961, 33 in which the property damage exceeds $300 and the property 34 damaged is a school building, shall be ordered to perform HB0115 Engrossed -16- LRB9100786RCks 1 community service that may include cleanup, removal, or 2 painting over the defacement. 3 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 4 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 5 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587, 6 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97; 7 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 8 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)