Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0382 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0571
2	1		SB0382 EnrolledLRB103 02790 LNS 47796 b SB0382 Enrolled LRB103 02790 LNS 47796 b
3	2		SB0382 Enrolled LRB103 02790 LNS 47796 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Civil Remedies for Nonconsensual
8		-	Dissemination of Private Sexual Images Act is amended by
9		-	changing Sections 5 and 15 as follows:
10		-	(740 ILCS 190/5)
11		-	(Text of Section before amendment by P.A. 103-294)
12		-	Sec. 5. Definitions. As used in this Act:
13		-	(1) "Child" means an unemancipated individual who is less
14		-	than 18 years of age.
15		-	(2) "Consent" means affirmative, conscious, and voluntary
16		-	authorization by an individual with legal capacity to give
17		-	authorization.
18		-	(3) "Depicted individual" means an individual whose body
19		-	is shown, in whole or in part, in a private sexual image.
20		-	(4) "Dissemination" or "disseminate" means publication or
21		-	distribution to another person with intent to disclose.
22		-	(5) "Harm" means physical harm, economic harm, or
23		-	emotional distress whether or not accompanied by physical or
24		-	economic harm.
25		-	(6) "Identifiable" means recognizable by a person other
26		-	than the depicted individual:
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Civil Remedies for Nonconsensual
	7	+	5 Dissemination of Private Sexual Images Act is amended by
	8	+	6 changing Sections 5 and 15 as follows:
	9	+	7 (740 ILCS 190/5)
	10	+	8 (Text of Section before amendment by P.A. 103-294)
	11	+	9 Sec. 5. Definitions. As used in this Act:
	12	+	10 (1) "Child" means an unemancipated individual who is less
	13	+	11 than 18 years of age.
	14	+	12 (2) "Consent" means affirmative, conscious, and voluntary
	15	+	13 authorization by an individual with legal capacity to give
	16	+	14 authorization.
	17	+	15 (3) "Depicted individual" means an individual whose body
	18	+	16 is shown, in whole or in part, in a private sexual image.
	19	+	17 (4) "Dissemination" or "disseminate" means publication or
	20	+	18 distribution to another person with intent to disclose.
	21	+	19 (5) "Harm" means physical harm, economic harm, or
	22	+	20 emotional distress whether or not accompanied by physical or
	23	+	21 economic harm.
	24	+	22 (6) "Identifiable" means recognizable by a person other
	25	+	23 than the depicted individual:
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28	27
29	28
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32	31
33		-	(A) from a private sexual image itself; or
34		-	(B) from a private sexual image and identifying
35		-	characteristic displayed in connection with the image.
36		-	(7) "Identifying characteristic" means information that
37		-	may be used to identify a depicted individual.
38		-	(8) "Individual" means a human being.
39		-	(9) "Parent" means an individual recognized as a parent
40		-	under laws of this State.
41		-	(10) "Private" means:
42		-	(A) created or obtained under circumstances in which a
43		-	depicted individual had a reasonable expectation of
44		-	privacy; or
45		-	(B) made accessible through theft, bribery, extortion,
46		-	fraud, voyeurism, or exceeding authorized access to an
47		-	account, message, file, device, resource, or property.
48		-	(11) "Person" means an individual, business or nonprofit
49		-	entity, public corporation, government or governmental
50		-	subdivision, agency, or other legal entity.
51		-	(12) "Sexual conduct" includes:
52		-	(A) masturbation;
53		-	(B) genital sex, anal sex, oral sex, or sexual
54		-	activity; or
55		-	(C) sexual penetration of or with an object.
56		-	(13) "Sexual activity" means any:
57		-	(A) knowing touching or fondling by the depicted
58		-	individual or another person, either directly or through
	32	+	SB0382 Enrolled- 2 -LRB103 02790 LNS 47796 b SB0382 Enrolled - 2 - LRB103 02790 LNS 47796 b
	33	+	SB0382 Enrolled - 2 - LRB103 02790 LNS 47796 b
	34	+	1 (A) from a private sexual image itself; or
	35	+	2 (B) from a private sexual image and identifying
	36	+	3 characteristic displayed in connection with the image.
	37	+	4 (7) "Identifying characteristic" means information that
	38	+	5 may be used to identify a depicted individual.
	39	+	6 (8) "Individual" means a human being.
	40	+	7 (9) "Parent" means an individual recognized as a parent
	41	+	8 under laws of this State.
	42	+	9 (10) "Private" means:
	43	+	10 (A) created or obtained under circumstances in which a
	44	+	11 depicted individual had a reasonable expectation of
	45	+	12 privacy; or
	46	+	13 (B) made accessible through theft, bribery, extortion,
	47	+	14 fraud, voyeurism, or exceeding authorized access to an
	48	+	15 account, message, file, device, resource, or property.
	49	+	16 (11) "Person" means an individual, business or nonprofit
	50	+	17 entity, public corporation, government or governmental
	51	+	18 subdivision, agency, or other legal entity.
	52	+	19 (12) "Sexual conduct" includes:
	53	+	20 (A) masturbation;
	54	+	21 (B) genital sex, anal sex, oral sex, or sexual
	55	+	22 activity; or
	56	+	23 (C) sexual penetration of or with an object.
	57	+	24 (13) "Sexual activity" means any:
	58	+	25 (A) knowing touching or fondling by the depicted
	59	+	26 individual or another person, either directly or through
59	60
60	61
61		-	clothing, of the sex organs, anus, or breast of the
62		-	depicted individual or another person for the purpose of
63		-	sexual gratification or arousal;
64		-	(B) transfer or transmission of semen upon any part of
65		-	the clothed or unclothed body of the depicted individual,
66		-	for the purpose of sexual gratification or arousal of the
67		-	depicted individual or another person;
68		-	(C) act of urination within a sexual context;
69		-	(D) bondage, fetish, sadism, or masochism;
70		-	(E) sadomasochistic abuse in any sexual context; or
71		-	(F) animal-related sexual activity.
72		-	(14) "Sexual image" means a photograph, film, videotape,
73		-	digital recording, or other similar medium that shows:
74		-	(A) the fully unclothed, partially unclothed, or
75		-	transparently clothed genitals, pubic area, anus, or
76		-	female post-pubescent nipple, partially or fully exposed,
77		-	of a depicted individual; or
78		-	(B) a depicted individual engaging in or being
79		-	subjected to sexual conduct or activity.
80		-	(Source: P.A. 101-556, eff. 1-1-20.)
81		-	(Text of Section after amendment by P.A. 103-294)
82		-	Sec. 5. Definitions. As used in this Act:
83		-	(1) "Child" means an unemancipated individual who is less
84		-	than 18 years of age.
85		-	(2) "Consent" means affirmative, conscious, and voluntary
86	62
87	63
88		-	authorization by an individual with legal capacity to give
89		-	authorization.
90		-	(3) "Depicted individual" means an individual whose face
91		-	or body is shown, in whole or in part, in a private sexual
92		-	image or digitally altered sexual image.
93		-	(3.5) "Digitally altered sexual image" means any visual
94		-	media, including any photograph, film, videotape digital
95		-	recording, or other similar medium, that is created or
96		-	substantially altered so that it would falsely appear to a
97		-	reasonable person to be an authentic depiction of the
98		-	appearance or conduct, or the absence of the appearance or
99		-	conduct, of an individual depicted in the media.
100		-	(4) "Dissemination" or "disseminate" means publication or
101		-	distribution to another person with intent to disclose.
102		-	(5) "Harm" means physical harm, economic harm, or
103		-	emotional distress whether or not accompanied by physical or
104		-	economic harm.
105		-	(6) "Identifiable" means recognizable by a person other
106		-	than the depicted individual:
107		-	(A) from a private sexual image itself; or
108		-	(B) from a private sexual image and identifying
109		-	characteristic displayed in connection with the image.
110		-	(7) "Identifying characteristic" means information that
111		-	may be used to identify a depicted individual.
112		-	(8) "Individual" means a human being.
113		-	(9) "Parent" means an individual recognized as a parent
	64	+
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116		-	under laws of this State.
117		-	(10) "Private" means:
118		-	(A) created or obtained under circumstances in which a
119		-	depicted individual had a reasonable expectation of
120		-	privacy; or
121		-	(B) made accessible through theft, bribery, extortion,
122		-	fraud, voyeurism, or exceeding authorized access to an
123		-	account, message, file, device, resource, or property.
124		-	(11) "Person" means an individual, business or nonprofit
125		-	entity, public corporation, government or governmental
126		-	subdivision, agency, or other legal entity.
127		-	(12) "Sexual conduct" includes:
128		-	(A) masturbation;
129		-	(B) genital sex, anal sex, oral sex, or sexual
130		-	activity; or
131		-	(C) sexual penetration of or with an object.
132		-	(13) "Sexual activity" means any:
133		-	(A) knowing touching or fondling by the depicted
134		-	individual or another person, either directly or through
135		-	clothing, of the sex organs, anus, or breast of the
136		-	depicted individual or another person for the purpose of
137		-	sexual gratification or arousal;
138		-	(B) transfer or transmission of semen upon any part of
139		-	the clothed or unclothed body of the depicted individual,
140		-	for the purpose of sexual gratification or arousal of the
141		-	depicted individual or another person;
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	70	+	1 clothing, of the sex organs, anus, or breast of the
	71	+	2 depicted individual or another person for the purpose of
	72	+	3 sexual gratification or arousal;
	73	+	4 (B) transfer or transmission of semen upon any part of
	74	+	5 the clothed or unclothed body of the depicted individual,
	75	+	6 for the purpose of sexual gratification or arousal of the
	76	+	7 depicted individual or another person;
	77	+	8 (C) act of urination within a sexual context;
	78	+	9 (D) bondage, fetish, sadism, or masochism;
	79	+	10 (E) sadomasochistic abuse in any sexual context; or
	80	+	11 (F) animal-related sexual activity.
	81	+	12 (14) "Sexual image" means a photograph, film, videotape,
	82	+	13 digital recording, or other similar medium that shows:
	83	+	14 (A) the fully unclothed, partially unclothed, or
	84	+	15 transparently clothed genitals, pubic area, anus, or
	85	+	16 female post-pubescent nipple, partially or fully exposed,
	86	+	17 of a depicted individual; or
	87	+	18 (B) a depicted individual engaging in or being
	88	+	19 subjected to sexual conduct or activity.
	89	+	20 (Source: P.A. 101-556, eff. 1-1-20.)
	90	+	21 (Text of Section after amendment by P.A. 103-294)
	91	+	22 Sec. 5. Definitions. As used in this Act:
	92	+	23 (1) "Child" means an unemancipated individual who is less
	93	+	24 than 18 years of age.
	94	+	25 (2) "Consent" means affirmative, conscious, and voluntary
142	95
143	96
144		-	(C) act of urination within a sexual context;
145		-	(D) bondage, fetish, sadism, or masochism;
146		-	(E) sadomasochistic abuse in any sexual context; or
147		-	(F) animal-related sexual activity.
148		-	(14) "Sexual image" means a photograph, film, videotape,
149		-	digital recording, or other similar medium that shows or
150		-	falsely appears to show:
151		-	(A) the fully unclothed, partially unclothed, or
152		-	transparently clothed genitals, pubic area, anus, or
153		-	female post-pubescent nipple, partially or fully exposed,
154		-	of a depicted individual; or
155		-	(B) a depicted individual engaging in or being
156		-	subjected to sexual conduct or activity.
157		-	(Source: P.A. 103-294, eff. 1-1-24.)
158		-	(740 ILCS 190/15)
159		-	(Text of Section before amendment by P.A. 103-294)
160		-	Sec. 15. Exceptions to liability.
161		-	(a) A person is not liable under this Act if the person
162		-	proves that the dissemination of or a threat to disseminate a
163		-	private sexual image was:
164		-	(1) made in good faith:
165		-	(A) by law enforcement;
166		-	(B) in a legal proceeding; or
167		-	(C) for medical education or treatment;
168		-	(2) made in good faith in the reporting or
169	97
170	98
171		-	investigation of:
172		-	(A) unlawful conduct; or
173		-	(B) unsolicited and unwelcome conduct; or
174		-	(3) related to a matter of public concern.
175		-	(b) Subject to subsection (c), a defendant who is a
176		-	parent, legal guardian, or individual with legal custody of a
177		-	child is not liable under this Act for a dissemination or
178		-	threatened dissemination of an intimate private sexual image
179		-	of the child.
180		-	(c) If a defendant asserts an exception to liability under
181		-	subsection (b), the exception does not apply if the plaintiff
182		-	proves the disclosure was:
183		-	(1) prohibited by a law other than this Act; or
184		-	(2) made for the purpose of sexual arousal, sexual
185		-	gratification, humiliation, degradation, or monetary or
186		-	commercial gain.
187		-	(d) The dissemination of or a threat to disseminate a
188		-	private sexual image is not a matter of public concern solely
189		-	because the depicted individual is a public figure.
190		-	(Source: P.A. 101-556, eff. 1-1-20.)
191		-	(Text of Section after amendment by P.A. 103-294)
192		-	Sec. 15. Exceptions to liability.
193		-	(a) A person is not liable under this Act if the person
194		-	proves that the dissemination of or a threat to disseminate a
195		-	private sexual image or digitally altered sexual image was:
	99	+
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197	102
198		-	(1) made in good faith:
199		-	(A) by law enforcement;
200		-	(B) in a legal proceeding; or
201		-	(C) for medical education or treatment;
202		-	(2) made in good faith in the reporting or
203		-	investigation of:
204		-	(A) unlawful conduct; or
205		-	(B) unsolicited and unwelcome conduct; or
206		-	(3) related to a matter of public concern.
207		-	(b) Subject to subsection (c), a defendant who is a
208		-	parent, legal guardian, or individual with legal custody of a
209		-	child is not liable under this Act for a dissemination or
210		-	threatened dissemination of an intimate private sexual image
211		-	of the child.
212		-	(c) If a defendant asserts an exception to liability under
213		-	subsection (b), the exception does not apply if the plaintiff
214		-	proves the disclosure was:
215		-	(1) prohibited by a law other than this Act; or
216		-	(2) made for the purpose of sexual arousal, sexual
217		-	gratification, humiliation, degradation, or monetary or
218		-	commercial gain.
219		-	(d) The dissemination of or a threat to disseminate a
220		-	private sexual image is not a matter of public concern solely
221		-	because the depicted individual is a public figure or the
222		-	image is accompanied by a political message.
223		-	(Source: P.A. 103-294, eff. 1-1-24.)
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	105	+	1 authorization by an individual with legal capacity to give
	106	+	2 authorization.
	107	+	3 (3) "Depicted individual" means an individual whose face
	108	+	4 or body is shown, in whole or in part, in a private sexual
	109	+	5 image or digitally altered sexual image.
	110	+	6 (3.5) "Digitally altered sexual image" means any visual
	111	+	7 media, including any photograph, film, videotape digital
	112	+	8 recording, or other similar medium, that is created or
	113	+	9 substantially altered so that it would falsely appear to a
	114	+	10 reasonable person to be an authentic depiction of the
	115	+	11 appearance or conduct, or the absence of the appearance or
	116	+	12 conduct, of an individual depicted in the media.
	117	+	13 (4) "Dissemination" or "disseminate" means publication or
	118	+	14 distribution to another person with intent to disclose.
	119	+	15 (5) "Harm" means physical harm, economic harm, or
	120	+	16 emotional distress whether or not accompanied by physical or
	121	+	17 economic harm.
	122	+	18 (6) "Identifiable" means recognizable by a person other
	123	+	19 than the depicted individual:
	124	+	20 (A) from a private sexual image itself; or
	125	+	21 (B) from a private sexual image and identifying
	126	+	22 characteristic displayed in connection with the image.
	127	+	23 (7) "Identifying characteristic" means information that
	128	+	24 may be used to identify a depicted individual.
	129	+	25 (8) "Individual" means a human being.
	130	+	26 (9) "Parent" means an individual recognized as a parent
224	131
225	132
226		-	Section 95. No acceleration or delay. Where this Act makes
227		-	changes in a statute that is represented in this Act by text
228		-	that is not yet or no longer in effect (for example, a Section
229		-	represented by multiple versions), the use of that text does
230		-	not accelerate or delay the taking effect of (i) the changes
231		-	made by this Act or (ii) provisions derived from any other
232		-	Public Act.
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	135	+
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	141	+	1 under laws of this State.
	142	+	2 (10) "Private" means:
	143	+	3 (A) created or obtained under circumstances in which a
	144	+	4 depicted individual had a reasonable expectation of
	145	+	5 privacy; or
	146	+	6 (B) made accessible through theft, bribery, extortion,
	147	+	7 fraud, voyeurism, or exceeding authorized access to an
	148	+	8 account, message, file, device, resource, or property.
	149	+	9 (11) "Person" means an individual, business or nonprofit
	150	+	10 entity, public corporation, government or governmental
	151	+	11 subdivision, agency, or other legal entity.
	152	+	12 (12) "Sexual conduct" includes:
	153	+	13 (A) masturbation;
	154	+	14 (B) genital sex, anal sex, oral sex, or sexual
	155	+	15 activity; or
	156	+	16 (C) sexual penetration of or with an object.
	157	+	17 (13) "Sexual activity" means any:
	158	+	18 (A) knowing touching or fondling by the depicted
	159	+	19 individual or another person, either directly or through
	160	+	20 clothing, of the sex organs, anus, or breast of the
	161	+	21 depicted individual or another person for the purpose of
	162	+	22 sexual gratification or arousal;
	163	+	23 (B) transfer or transmission of semen upon any part of
	164	+	24 the clothed or unclothed body of the depicted individual,
	165	+	25 for the purpose of sexual gratification or arousal of the
	166	+	26 depicted individual or another person;
	167	+
	168	+
	169	+
	170	+
	171	+
	172	+	SB0382 Enrolled - 5 - LRB103 02790 LNS 47796 b
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	174	+
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	177	+	1 (C) act of urination within a sexual context;
	178	+	2 (D) bondage, fetish, sadism, or masochism;
	179	+	3 (E) sadomasochistic abuse in any sexual context; or
	180	+	4 (F) animal-related sexual activity.
	181	+	5 (14) "Sexual image" means a photograph, film, videotape,
	182	+	6 digital recording, or other similar medium that shows or
	183	+	7 falsely appears to show:
	184	+	8 (A) the fully unclothed, partially unclothed, or
	185	+	9 transparently clothed genitals, pubic area, anus, or
	186	+	10 female post-pubescent nipple, partially or fully exposed,
	187	+	11 of a depicted individual; or
	188	+	12 (B) a depicted individual engaging in or being
	189	+	13 subjected to sexual conduct or activity.
	190	+	14 (Source: P.A. 103-294, eff. 1-1-24.)
	191	+	15 (740 ILCS 190/15)
	192	+	16 (Text of Section before amendment by P.A. 103-294)
	193	+	17 Sec. 15. Exceptions to liability.
	194	+	18 (a) A person is not liable under this Act if the person
	195	+	19 proves that the dissemination of or a threat to disseminate a
	196	+	20 private sexual image was:
	197	+	21 (1) made in good faith:
	198	+	22 (A) by law enforcement;
	199	+	23 (B) in a legal proceeding; or
	200	+	24 (C) for medical education or treatment;
	201	+	25 (2) made in good faith in the reporting or
	202	+
	203	+
	204	+
	205	+
	206	+
	207	+	SB0382 Enrolled - 6 - LRB103 02790 LNS 47796 b
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	209	+
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	211	+	SB0382 Enrolled - 7 - LRB103 02790 LNS 47796 b
	212	+	1 investigation of:
	213	+	2 (A) unlawful conduct; or
	214	+	3 (B) unsolicited and unwelcome conduct; or
	215	+	4 (3) related to a matter of public concern.
	216	+	5 (b) Subject to subsection (c), a defendant who is a
	217	+	6 parent, legal guardian, or individual with legal custody of a
	218	+	7 child is not liable under this Act for a dissemination or
	219	+	8 threatened dissemination of an intimate private sexual image
	220	+	9 of the child.
	221	+	10 (c) If a defendant asserts an exception to liability under
	222	+	11 subsection (b), the exception does not apply if the plaintiff
	223	+	12 proves the disclosure was:
	224	+	13 (1) prohibited by a law other than this Act; or
	225	+	14 (2) made for the purpose of sexual arousal, sexual
	226	+	15 gratification, humiliation, degradation, or monetary or
	227	+	16 commercial gain.
	228	+	17 (d) The dissemination of or a threat to disseminate a
	229	+	18 private sexual image is not a matter of public concern solely
	230	+	19 because the depicted individual is a public figure.
	231	+	20 (Source: P.A. 101-556, eff. 1-1-20.)
	232	+	21 (Text of Section after amendment by P.A. 103-294)
	233	+	22 Sec. 15. Exceptions to liability.
	234	+	23 (a) A person is not liable under this Act if the person
	235	+	24 proves that the dissemination of or a threat to disseminate a
	236	+	25 private sexual image or digitally altered sexual image was:
	237	+
	238	+
	239	+
	240	+
	241	+
	242	+	SB0382 Enrolled - 7 - LRB103 02790 LNS 47796 b
	243	+
	244	+
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	246	+	SB0382 Enrolled - 8 - LRB103 02790 LNS 47796 b
	247	+	1 (1) made in good faith:
	248	+	2 (A) by law enforcement;
	249	+	3 (B) in a legal proceeding; or
	250	+	4 (C) for medical education or treatment;
	251	+	5 (2) made in good faith in the reporting or
	252	+	6 investigation of:
	253	+	7 (A) unlawful conduct; or
	254	+	8 (B) unsolicited and unwelcome conduct; or
	255	+	9 (3) related to a matter of public concern.
	256	+	10 (b) Subject to subsection (c), a defendant who is a
	257	+	11 parent, legal guardian, or individual with legal custody of a
	258	+	12 child is not liable under this Act for a dissemination or
	259	+	13 threatened dissemination of an intimate private sexual image
	260	+	14 of the child.
	261	+	15 (c) If a defendant asserts an exception to liability under
	262	+	16 subsection (b), the exception does not apply if the plaintiff
	263	+	17 proves the disclosure was:
	264	+	18 (1) prohibited by a law other than this Act; or
	265	+	19 (2) made for the purpose of sexual arousal, sexual
	266	+	20 gratification, humiliation, degradation, or monetary or
	267	+	21 commercial gain.
	268	+	22 (d) The dissemination of or a threat to disseminate a
	269	+	23 private sexual image is not a matter of public concern solely
	270	+	24 because the depicted individual is a public figure or the
	271	+	25 image is accompanied by a political message.
	272	+	26 (Source: P.A. 103-294, eff. 1-1-24.)
	273	+
	274	+
	275	+
	276	+
	277	+
	278	+	SB0382 Enrolled - 8 - LRB103 02790 LNS 47796 b
	279	+
	280	+
	281	+	SB0382 Enrolled- 9 -LRB103 02790 LNS 47796 b SB0382 Enrolled - 9 - LRB103 02790 LNS 47796 b
	282	+	SB0382 Enrolled - 9 - LRB103 02790 LNS 47796 b
	283	+	1 Section 95. No acceleration or delay. Where this Act makes
	284	+	2 changes in a statute that is represented in this Act by text
	285	+	3 that is not yet or no longer in effect (for example, a Section
	286	+	4 represented by multiple versions), the use of that text does
	287	+	5 not accelerate or delay the taking effect of (i) the changes
	288	+	6 made by this Act or (ii) provisions derived from any other
	289	+	7 Public Act.
	290	+
	291	+
	292	+
	293	+
	294	+
	295	+	SB0382 Enrolled - 9 - LRB103 02790 LNS 47796 b