Illinois 2025-2026 Regular Session

Illinois House Bill HB1815 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately. LRB104 08537 RLC 18589 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-915 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately. LRB104 08537 RLC 18589 b LRB104 08537 RLC 18589 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
33 705 ILCS 405/5-915 705 ILCS 405/5-915
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55 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Juvenile Court Act of 1987 is amended by
1515 5 changing Section 5-915 as follows:
1616 6 (705 ILCS 405/5-915)
1717 7 Sec. 5-915. Expungement of juvenile law enforcement and
1818 8 juvenile court records.
1919 9 (0.05) (Blank).
2020 10 (0.1)(a) The Illinois State Police and all law enforcement
2121 11 agencies within the State shall automatically expunge, on or
2222 12 before January 1 of each year, except as described in
2323 13 paragraph (c) of this subsection (0.1), all juvenile law
2424 14 enforcement records relating to events occurring before an
2525 15 individual's 18th birthday if:
2626 16 (1) one year or more has elapsed since the date of the
2727 17 arrest or law enforcement interaction documented in the
2828 18 records;
2929 19 (2) no petition for delinquency or criminal charges
3030 20 were filed with the clerk of the circuit court relating to
3131 21 the arrest or law enforcement interaction documented in
3232 22 the records; and
3333 23 (3) 6 months have elapsed since the date of the arrest
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3838 705 ILCS 405/5-915 705 ILCS 405/5-915
3939 705 ILCS 405/5-915
4040 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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6868 1 without an additional subsequent arrest or filing of a
6969 2 petition for delinquency or criminal charges whether
7070 3 related or not to the arrest or law enforcement
7171 4 interaction documented in the records.
7272 5 (b) If the law enforcement agency is unable to verify
7373 6 satisfaction of conditions (2) and (3) of this subsection
7474 7 (0.1), records that satisfy condition (1) of this subsection
7575 8 (0.1) shall be automatically expunged if the records relate to
7676 9 an offense that if committed by an adult would not be an
7777 10 offense classified as a Class 2 felony or higher, an offense
7878 11 under Article 11 of the Criminal Code of 1961 or Criminal Code
7979 12 of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
8080 13 12-15, or 12-16 of the Criminal Code of 1961.
8181 14 (c) If the juvenile law enforcement record was received
8282 15 through a public submission to a statewide student
8383 16 confidential reporting system administered by the Illinois
8484 17 State Police, the record will be maintained for a period of 5
8585 18 years according to all other provisions in this subsection
8686 19 (0.1).
8787 20 (0.15) If a juvenile law enforcement record meets
8888 21 paragraph (a) of subsection (0.1) of this Section, a juvenile
8989 22 law enforcement record created:
9090 23 (1) prior to January 1, 2018, but on or after January
9191 24 1, 2013 shall be automatically expunged prior to January
9292 25 1, 2020;
9393 26 (2) prior to January 1, 2013, but on or after January
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104104 1 1, 2000, shall be automatically expunged prior to January
105105 2 1, 2023; and
106106 3 (3) prior to January 1, 2000 shall not be subject to
107107 4 the automatic expungement provisions of this Act.
108108 5 Nothing in this subsection (0.15) shall be construed to
109109 6 restrict or modify an individual's right to have the person's
110110 7 juvenile law enforcement records expunged except as otherwise
111111 8 may be provided in this Act.
112112 9 (0.16) Notwithstanding any other provision of this
113113 10 Section, commencing 180 days after the effective date of this
114114 11 amendatory Act of the 104th General Assembly, the juvenile law
115115 12 enforcement records of a person who before his or her 21st
116116 13 birthday has committed an act which if committed by an adult
117117 14 would constitute a criminal violation under the Cannabis
118118 15 Control Act or a criminal violation of Section 3.5 of the Drug
119119 16 Paraphernalia Control Act with respect to cannabis are subject
120120 17 to automatic expungement. The law enforcement agency who
121121 18 initiated the violation shall automatically expunge, on or
122122 19 before January 1 and July 1 of each year, the juvenile law
123123 20 enforcement records of a person eligible under this subsection
124124 21 (0.16). The law enforcement agency shall provide by rule the
125125 22 process for access, review, and confirmation of the automatic
126126 23 expungement by the law enforcement agency.
127127 24 (0.2)(a) Upon dismissal of a petition alleging delinquency
128128 25 or upon a finding of not delinquent, the successful
129129 26 termination of an order of supervision, or the successful
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140140 1 termination of an adjudication for an offense which would be a
141141 2 Class B misdemeanor, Class C misdemeanor, or a petty or
142142 3 business offense if committed by an adult, the court shall
143143 4 automatically order the expungement of the juvenile court
144144 5 records and juvenile law enforcement records. The clerk shall
145145 6 deliver a certified copy of the expungement order to the
146146 7 Illinois State Police and the arresting agency. Upon request,
147147 8 the State's Attorney shall furnish the name of the arresting
148148 9 agency. The expungement shall be completed within 60 business
149149 10 days after the receipt of the expungement order.
150150 11 (b) If the chief law enforcement officer of the agency, or
151151 12 the chief law enforcement officer's designee, certifies in
152152 13 writing that certain information is needed for a pending
153153 14 investigation involving the commission of a felony, that
154154 15 information, and information identifying the juvenile, may be
155155 16 retained until the statute of limitations for the felony has
156156 17 run. If the chief law enforcement officer of the agency, or the
157157 18 chief law enforcement officer's designee, certifies in writing
158158 19 that certain information is needed with respect to an internal
159159 20 investigation of any law enforcement office, that information
160160 21 and information identifying the juvenile may be retained
161161 22 within an intelligence file until the investigation is
162162 23 terminated or the disciplinary action, including appeals, has
163163 24 been completed, whichever is later. Retention of a portion of
164164 25 a juvenile's law enforcement record does not disqualify the
165165 26 remainder of a juvenile's record from immediate automatic
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176176 1 expungement.
177177 2 (0.3)(a) Upon an adjudication of delinquency based on any
178178 3 offense except a disqualified offense, the juvenile court
179179 4 shall automatically order the expungement of the juvenile
180180 5 court and law enforcement records 2 years after the juvenile's
181181 6 case was closed if no delinquency or criminal proceeding is
182182 7 pending and the person has had no subsequent delinquency
183183 8 adjudication or criminal conviction. On the date that the
184184 9 minor's sentence ends or the date that the court enters an
185185 10 order committing the minor to the Department of Juvenile
186186 11 Justice, the juvenile court judge shall schedule a date to
187187 12 enter the automatic expungement order. The minor must be
188188 13 notified but shall not be required to be present for the
189189 14 scheduled court date when automatic expungement is to be
190190 15 ordered. If the minor is not yet eligible on the originally
191191 16 scheduled date, the court shall schedule a subsequent date to
192192 17 enter the automatic expungement order. The clerk shall deliver
193193 18 a certified copy of the expungement order to the Illinois
194194 19 State Police and the arresting agency. Upon request, the
195195 20 State's Attorney shall furnish the name of the arresting
196196 21 agency. The expungement shall be completed within 60 business
197197 22 days after the receipt of the expungement order. In this
198198 23 subsection (0.3), "disqualified offense" means any of the
199199 24 following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
200200 25 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
201201 26 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
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212212 1 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
213213 2 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
214214 3 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
215215 4 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
216216 5 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
217217 6 Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
218218 7 of subsection (a) of Section 11-14.4, subsection (a-5) of
219219 8 Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
220220 9 of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
221221 10 paragraph (1) or (2) of subsection (a) of Section 12-7.4,
222222 11 subparagraph (i) of paragraph (1) of subsection (a) of Section
223223 12 12-9, subparagraph (H) of paragraph (3) of subsection (a) of
224224 13 Section 24-1.6, paragraph (1) of subsection (a) of Section
225225 14 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
226226 15 of 2012.
227227 16 (b) If the chief law enforcement officer of the agency, or
228228 17 the chief law enforcement officer's designee, certifies in
229229 18 writing that certain information is needed for a pending
230230 19 investigation involving the commission of a felony, that
231231 20 information, and information identifying the juvenile, may be
232232 21 retained in an intelligence file until the investigation is
233233 22 terminated or for one additional year, whichever is sooner.
234234 23 Retention of a portion of a juvenile's juvenile law
235235 24 enforcement record does not disqualify the remainder of a
236236 25 juvenile's record from immediate automatic expungement.
237237 26 (0.31) Notwithstanding any other provision of this
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248248 1 Section, commencing 180 after the effective date of this
249249 2 amendatory Act of the 104th General Assembly, the clerk of the
250250 3 circuit court shall expunge, upon order of the court, or in the
251251 4 absence of a court order on or before January 1 and July 1 of
252252 5 each year, the juvenile court records of a person who before
253253 6 his or her 21st birthday has committed an act which if
254254 7 committed by an adult would constitute a criminal violation
255255 8 under the Cannabis Control Act or a criminal violation of
256256 9 Section 3.5 of the Drug Paraphernalia Control Act with respect
257257 10 to cannabis in the clerk's possession or control and which
258258 11 contains the final satisfactory disposition which pertain to a
259259 12 person eligible under this subsection (0.31).
260260 13 (0.4) Automatic expungement for the purposes of this
261261 14 Section shall not require law enforcement agencies to
262262 15 obliterate or otherwise destroy juvenile law enforcement
263263 16 records that would otherwise need to be automatically expunged
264264 17 under this Act, except after 2 years following the subject
265265 18 arrest for purposes of use in civil litigation against a
266266 19 governmental entity or its law enforcement agency or personnel
267267 20 which created, maintained, or used the records. However, these
268268 21 juvenile law enforcement records shall be considered expunged
269269 22 for all other purposes during this period and the offense,
270270 23 which the records or files concern, shall be treated as if it
271271 24 never occurred as required under Section 5-923.
272272 25 (0.5) Subsection (0.1) or (0.2) of this Section does not
273273 26 apply to violations of traffic, boating, fish and game laws,
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284284 1 or county or municipal ordinances.
285285 2 (0.6) Juvenile law enforcement records of a plaintiff who
286286 3 has filed civil litigation against the governmental entity or
287287 4 its law enforcement agency or personnel that created,
288288 5 maintained, or used the records, or juvenile law enforcement
289289 6 records that contain information related to the allegations
290290 7 set forth in the civil litigation may not be expunged until
291291 8 after 2 years have elapsed after the conclusion of the
292292 9 lawsuit, including any appeal.
293293 10 (0.7) Officer-worn body camera recordings shall not be
294294 11 automatically expunged except as otherwise authorized by the
295295 12 Law Enforcement Officer-Worn Body Camera Act.
296296 13 (1) Whenever a person has been arrested, charged, or
297297 14 adjudicated delinquent for an incident occurring before a
298298 15 person's 18th birthday that if committed by an adult would be
299299 16 an offense, and that person's juvenile law enforcement and
300300 17 juvenile court records are not eligible for automatic
301301 18 expungement under subsection (0.1), (0.2), or (0.3), the
302302 19 person may petition the court at any time at no cost to the
303303 20 person for expungement of juvenile law enforcement records and
304304 21 juvenile court records relating to the incident and, upon
305305 22 termination of all juvenile court proceedings relating to that
306306 23 incident, the court shall order the expungement of all records
307307 24 in the possession of the Illinois State Police, the clerk of
308308 25 the circuit court, and law enforcement agencies relating to
309309 26 the incident, but only in any of the following circumstances:
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320320 1 (a) the minor was arrested and no petition for
321321 2 delinquency was filed with the clerk of the circuit court;
322322 3 (a-5) the minor was charged with an offense and the
323323 4 petition or petitions were dismissed without a finding of
324324 5 delinquency;
325325 6 (b) the minor was charged with an offense and was
326326 7 found not delinquent of that offense;
327327 8 (c) the minor was placed under supervision under
328328 9 Section 5-615, and the order of supervision has since been
329329 10 successfully terminated; or
330330 11 (d) the minor was adjudicated for an offense which
331331 12 would be a Class B misdemeanor, Class C misdemeanor, or a
332332 13 petty or business offense if committed by an adult.
333333 14 (1.5) At no cost to the person, the Illinois State Police
334334 15 shall allow a person to use the Access and Review process,
335335 16 established in the Illinois State Police, for verifying that
336336 17 the person's juvenile law enforcement records relating to
337337 18 incidents occurring before the person's 18th birthday eligible
338338 19 under this Act have been expunged.
339339 20 (1.6) (Blank).
340340 21 (1.7) (Blank).
341341 22 (1.8) (Blank).
342342 23 (2) Any person whose delinquency adjudications are not
343343 24 eligible for automatic expungement under subsection (0.3) of
344344 25 this Section may petition the court at no cost to the person to
345345 26 expunge all juvenile law enforcement records relating to any
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356356 1 incidents occurring before the person's 18th birthday which
357357 2 did not result in proceedings in criminal court and all
358358 3 juvenile court records with respect to any adjudications
359359 4 except those based upon first degree murder or an offense
360360 5 under Article 11 of the Criminal Code of 2012 if the person is
361361 6 required to register under the Sex Offender Registration Act
362362 7 at the time the person petitions the court for expungement;
363363 8 provided that 2 years have elapsed since all juvenile court
364364 9 proceedings relating to the person have been terminated and
365365 10 the person's commitment to the Department of Juvenile Justice
366366 11 under this Act has been terminated.
367367 12 (2.5) If a minor is arrested and no petition for
368368 13 delinquency is filed with the clerk of the circuit court at the
369369 14 time the minor is released from custody, the youth officer, if
370370 15 applicable, or other designated person from the arresting
371371 16 agency, shall notify verbally and in writing to the minor or
372372 17 the minor's parents or guardians that the minor shall have an
373373 18 arrest record and shall provide the minor and the minor's
374374 19 parents or guardians with an expungement information packet,
375375 20 information regarding this State's expungement laws including
376376 21 a petition to expunge juvenile law enforcement and juvenile
377377 22 court records obtained from the clerk of the circuit court.
378378 23 (2.6) If a minor is referred to court, then, at the time of
379379 24 sentencing, dismissal of the case, or successful completion of
380380 25 supervision, the judge shall inform the delinquent minor of
381381 26 the minor's rights regarding expungement and the clerk of the
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392392 1 circuit court shall provide an expungement information packet
393393 2 to the minor, written in plain language, including information
394394 3 regarding this State's expungement laws and a petition for
395395 4 expungement, a sample of a completed petition, expungement
396396 5 instructions that shall include information informing the
397397 6 minor that (i) once the case is expunged, it shall be treated
398398 7 as if it never occurred, (ii) the minor shall not be charged a
399399 8 fee to petition for expungement, (iii) once the minor obtains
400400 9 an expungement, the minor may not be required to disclose that
401401 10 the minor had a juvenile law enforcement or juvenile court
402402 11 record, and (iv) if petitioning the minor may file the
403403 12 petition on the minor's own or with the assistance of an
404404 13 attorney. The failure of the judge to inform the delinquent
405405 14 minor of the minor's right to petition for expungement as
406406 15 provided by law does not create a substantive right, nor is
407407 16 that failure grounds for: (i) a reversal of an adjudication of
408408 17 delinquency; (ii) a new trial; or (iii) an appeal.
409409 18 (2.6-1) A trafficking victim, as defined by paragraph (10)
410410 19 of subsection (a) of Section 10-9 of the Criminal Code of 2012,
411411 20 may petition for vacation and expungement or immediate sealing
412412 21 of his or her juvenile court records and juvenile law
413413 22 enforcement records relating to events that resulted in the
414414 23 victim's adjudication of delinquency for an offense if
415415 24 committed by an adult would be a violation of the criminal laws
416416 25 occurring before the victim's 18th birthday upon the
417417 26 completion of his or her juvenile court sentence if his or her
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428428 1 participation in the underlying offense was a result of human
429429 2 trafficking under Section 10-9 of the Criminal Code of 2012 or
430430 3 a severe form of trafficking under the federal Trafficking
431431 4 Victims Protection Act.
432432 5 (2.7) (Blank).
433433 6 (2.8) (Blank).
434434 7 (3) (Blank).
435435 8 (3.1) (Blank).
436436 9 (3.2) (Blank).
437437 10 (3.3) (Blank).
438438 11 (4) (Blank).
439439 12 (5) (Blank).
440440 13 (5.5) Whether or not expunged, records eligible for
441441 14 automatic expungement under subdivision (0.1)(a), (0.2)(a), or
442442 15 (0.3)(a) may be treated as expunged by the individual subject
443443 16 to the records.
444444 17 (6) (Blank).
445445 18 (6.5) The Illinois State Police or any employee of the
446446 19 Illinois State Police shall be immune from civil or criminal
447447 20 liability for failure to expunge any records of arrest that
448448 21 are subject to expungement under this Section because of
449449 22 inability to verify a record. Nothing in this Section shall
450450 23 create Illinois State Police liability or responsibility for
451451 24 the expungement of juvenile law enforcement records it does
452452 25 not possess.
453453 26 (7) (Blank).
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464464 1 (7.5) (Blank).
465465 2 (8) The expungement of juvenile law enforcement or
466466 3 juvenile court records under subsection (0.1), (0.2), or (0.3)
467467 4 of this Section shall be funded by appropriation by the
468468 5 General Assembly for that purpose.
469469 6 (9) (Blank).
470470 7 (10) (Blank).
471471 8 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
472472 9 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
473473 10 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717,
474474 11 eff. 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.)
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