Bill Text: IL SB1047 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0761 [SB1047 Detail]
Download: Illinois-2011-SB1047-Enrolled.html
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0761 [SB1047 Detail]
Download: Illinois-2011-SB1047-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | ||||||
5 | Section 27.3a as follows:
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6 | (705 ILCS 105/27.3a)
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7 | (Text of Section before amendment by P.A. 97-46 ) | ||||||
8 | Sec. 27.3a. Fees for automated record keeping , probation | ||||||
9 | and court services operations, and State Police operations.
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10 | 1. The expense of establishing and maintaining automated | ||||||
11 | record
keeping systems in the offices of the clerks of the | ||||||
12 | circuit court shall
be borne by the county. To defray such | ||||||
13 | expense in any county having
established such an automated | ||||||
14 | system or which elects to establish such a
system, the county | ||||||
15 | board may require the clerk of the circuit court in
their | ||||||
16 | county to charge and collect a court automation fee of not less | ||||||
17 | than
$1 nor more than $15 to be charged and collected by the | ||||||
18 | clerk of the court.
Such fee shall be paid at the time of | ||||||
19 | filing the first pleading, paper or
other appearance filed by | ||||||
20 | each party in all civil cases or by the defendant
in any | ||||||
21 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
22 | conservation
case upon a judgment of guilty or grant of | ||||||
23 | supervision, provided that
the record keeping system which |
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1 | processes the case
category for which the fee is charged is | ||||||
2 | automated or has been approved for
automation by the county | ||||||
3 | board, and provided further that no additional fee
shall be | ||||||
4 | required if more than one party is presented in a single | ||||||
5 | pleading,
paper or other appearance. Such fee shall be | ||||||
6 | collected in the manner in
which all other fees or costs are | ||||||
7 | collected.
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8 | 1.1. Starting on the effective date of this amendatory Act | ||||||
9 | of the 97th General Assembly and pursuant to an administrative | ||||||
10 | order from the chief judge of the circuit or the presiding | ||||||
11 | judge of the county authorizing such collection, a clerk of the | ||||||
12 | circuit court in any county that imposes a fee pursuant to | ||||||
13 | subsection 1 of this Section shall also charge and collect an | ||||||
14 | additional $10 operations fee for probation and court services | ||||||
15 | department operations. | ||||||
16 | This additional fee shall be paid by the defendant in any | ||||||
17 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
18 | case upon a judgment of guilty or grant of supervision, except | ||||||
19 | such $10 operations fee shall not be charged and collected in | ||||||
20 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
21 | amount is $120 or less. | ||||||
22 | 1.2. With respect to the fee imposed and collected under | ||||||
23 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
24 | fees monthly to the county treasurer for deposit into the | ||||||
25 | probation and court services fund created under Section 15.1 of | ||||||
26 | the Probation and Probation Officers Act, and such monies shall |
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1 | be disbursed from the fund only at the direction of the chief | ||||||
2 | judge of the circuit or another judge designated by the Chief | ||||||
3 | Circuit Judge in accordance with the policies and guidelines | ||||||
4 | approved by the Supreme Court. | ||||||
5 | 1.5. Starting on the effective date of this amendatory Act | ||||||
6 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
7 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
8 | Section, shall charge and collect an additional fee in an | ||||||
9 | amount equal to the amount of the fee imposed pursuant to | ||||||
10 | subsection 1 of this Section. This additional fee shall be paid | ||||||
11 | by the defendant in any felony, traffic, misdemeanor, local | ||||||
12 | ordinance, or conservation case upon a judgment of guilty or | ||||||
13 | grant of supervision. | ||||||
14 | 2. With respect to the fee imposed under subsection 1 of | ||||||
15 | this Section, each clerk shall commence such charges and | ||||||
16 | collections upon receipt
of written notice from the chairman of | ||||||
17 | the county board together with a
certified copy of the board's | ||||||
18 | resolution, which the clerk shall file of
record in his office.
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19 | 3. With respect to the fee imposed under subsection 1 of | ||||||
20 | this Section, such fees shall be in addition to all other fees | ||||||
21 | and charges of such
clerks, and assessable as costs, and may be | ||||||
22 | waived only if the judge
specifically provides for the waiver | ||||||
23 | of the court automation fee. The
fees shall be remitted monthly | ||||||
24 | by such clerk to the county treasurer, to be
retained by him in | ||||||
25 | a special fund designated as the court automation fund.
The | ||||||
26 | fund shall be audited by the county auditor, and the board |
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1 | shall make
expenditure from the fund in payment of any cost | ||||||
2 | related to the automation
of court records, including hardware, | ||||||
3 | software, research and development
costs and personnel related | ||||||
4 | thereto, provided that the expenditure is
approved by the clerk | ||||||
5 | of the court and by the chief judge of the circuit
court or his | ||||||
6 | designate.
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7 | 4. With respect to the fee imposed under subsection 1 of | ||||||
8 | this Section, such fees shall not be charged in any matter | ||||||
9 | coming to any such clerk
on change of venue, nor in any | ||||||
10 | proceeding to review the decision of any
administrative | ||||||
11 | officer, agency or body.
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12 | 5. With respect to the additional fee imposed under | ||||||
13 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
14 | the circuit clerk to the State Treasurer within one month after | ||||||
15 | receipt for deposit into the State Police Operations Assistance | ||||||
16 | Fund. | ||||||
17 | 6. With respect to the additional fees imposed under | ||||||
18 | subsection 1.5 of this Section, the Director of State Police | ||||||
19 | may direct the use of these fees for homeland security purposes | ||||||
20 | by transferring these fees on a quarterly basis from the State | ||||||
21 | Police Operations Assistance Fund into the Illinois Law | ||||||
22 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
23 | initiatives programs. The transferred fees shall be allocated, | ||||||
24 | subject to the approval of the ILEAS Executive Board, as | ||||||
25 | follows: (i) 66.6% shall be used for homeland security | ||||||
26 | initiatives and (ii) 33.3% shall be used for airborne |
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1 | operations. The ILEAS Executive Board shall annually supply the | ||||||
2 | Director of State Police with a report of the use of these | ||||||
3 | fees. | ||||||
4 | (Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
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5 | (Text of Section after amendment by P.A. 97-46 )
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6 | Sec. 27.3a. Fees for automated record keeping , probation | ||||||
7 | and court services operations, and State and Conservation | ||||||
8 | Police operations.
| ||||||
9 | 1. The expense of establishing and maintaining automated | ||||||
10 | record
keeping systems in the offices of the clerks of the | ||||||
11 | circuit court shall
be borne by the county. To defray such | ||||||
12 | expense in any county having
established such an automated | ||||||
13 | system or which elects to establish such a
system, the county | ||||||
14 | board may require the clerk of the circuit court in
their | ||||||
15 | county to charge and collect a court automation fee of not less | ||||||
16 | than
$1 nor more than $15 to be charged and collected by the | ||||||
17 | clerk of the court.
Such fee shall be paid at the time of | ||||||
18 | filing the first pleading, paper or
other appearance filed by | ||||||
19 | each party in all civil cases or by the defendant
in any | ||||||
20 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
21 | conservation
case upon a judgment of guilty or grant of | ||||||
22 | supervision, provided that
the record keeping system which | ||||||
23 | processes the case
category for which the fee is charged is | ||||||
24 | automated or has been approved for
automation by the county | ||||||
25 | board, and provided further that no additional fee
shall be |
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1 | required if more than one party is presented in a single | ||||||
2 | pleading,
paper or other appearance. Such fee shall be | ||||||
3 | collected in the manner in
which all other fees or costs are | ||||||
4 | collected.
| ||||||
5 | 1.1. Starting on the effective date of this amendatory Act | ||||||
6 | of the 97th General Assembly and pursuant to an administrative | ||||||
7 | order from the chief judge of the circuit or the presiding | ||||||
8 | judge of the county authorizing such collection, a clerk of the | ||||||
9 | circuit court in any county that imposes a fee pursuant to | ||||||
10 | subsection 1 of this Section shall also charge and collect an | ||||||
11 | additional $10 operations fee for probation and court services | ||||||
12 | department operations. | ||||||
13 | This additional fee shall be paid by the defendant in any | ||||||
14 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
15 | case upon a judgment of guilty or grant of supervision, except | ||||||
16 | such $10 operations fee shall not be charged and collected in | ||||||
17 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
18 | amount is $120 or less. | ||||||
19 | 1.2. With respect to the fee imposed and collected under | ||||||
20 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
21 | fees monthly to the county treasurer for deposit into the | ||||||
22 | probation and court services fund created under Section 15.1 of | ||||||
23 | the Probation and Probation Officers Act, and such monies shall | ||||||
24 | be disbursed from the fund only at the direction of the chief | ||||||
25 | judge of the circuit or another judge designated by the Chief | ||||||
26 | Circuit Judge in accordance with the policies and guidelines |
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| |||||||
1 | approved by the Supreme Court. | ||||||
2 | 1.5. Starting on the effective date of this amendatory Act | ||||||
3 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
4 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
5 | Section, shall charge and collect an additional fee in an | ||||||
6 | amount equal to the amount of the fee imposed pursuant to | ||||||
7 | subsection 1 of this Section. This additional fee shall be paid | ||||||
8 | by the defendant in any felony, traffic, misdemeanor, or local | ||||||
9 | ordinance case upon a judgment of guilty or grant of | ||||||
10 | supervision. This fee shall not be paid by the defendant for | ||||||
11 | any conservation violation listed in subsection 1.6 of this | ||||||
12 | Section. | ||||||
13 | 1.6. Starting on July 1, 2012 ( the effective date of Public | ||||||
14 | Act 97-46) this amendatory Act of the 97th General Assembly , a | ||||||
15 | clerk of the circuit court in any county that imposes a fee | ||||||
16 | pursuant to subsection 1 of this Section shall charge and | ||||||
17 | collect an additional fee in an amount equal to the amount of | ||||||
18 | the fee imposed pursuant to subsection 1 of this Section. This | ||||||
19 | additional fee shall be paid by the defendant upon a judgment | ||||||
20 | of guilty or grant of supervision for a conservation violation | ||||||
21 | under the State Parks Act, the Recreational Trails of Illinois | ||||||
22 | Act, the Illinois Explosives Act, the Timber Buyers Licensing | ||||||
23 | Act, the Forest Products Transportation Act, the Firearm Owners | ||||||
24 | Identification Card Act, the Environmental Protection Act, the | ||||||
25 | Fish and Aquatic Life Code, the Wildlife Code, the Cave | ||||||
26 | Protection Act, the Illinois Exotic Weed Act, the Illinois |
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1 | Forestry Development Act, the Ginseng Harvesting Act, the | ||||||
2 | Illinois Lake Management Program Act, the Illinois Natural | ||||||
3 | Areas Preservation Act, the Illinois Open Land Trust Act, the | ||||||
4 | Open Space Lands Acquisition and Development Act, the Illinois | ||||||
5 | Prescribed Burning Act, the State Forest Act, the Water Use Act | ||||||
6 | of 1983, the Illinois Youth and Young Adult Employment Act of | ||||||
7 | 1986, the Snowmobile Registration and Safety Act, the Boat | ||||||
8 | Registration and Safety Act, the Illinois Dangerous Animals | ||||||
9 | Act, the Hunter and Fishermen Interference Prohibition Act, the | ||||||
10 | Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, | ||||||
11 | 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or | ||||||
12 | 11-1427.5 of the Illinois Vehicle Code. | ||||||
13 | 2. With respect to the fee imposed under subsection 1 of | ||||||
14 | this Section, each clerk shall commence such charges and | ||||||
15 | collections upon receipt
of written notice from the chairman of | ||||||
16 | the county board together with a
certified copy of the board's | ||||||
17 | resolution, which the clerk shall file of
record in his office.
| ||||||
18 | 3. With respect to the fee imposed under subsection 1 of | ||||||
19 | this Section, such fees shall be in addition to all other fees | ||||||
20 | and charges of such
clerks, and assessable as costs, and may be | ||||||
21 | waived only if the judge
specifically provides for the waiver | ||||||
22 | of the court automation fee. The
fees shall be remitted monthly | ||||||
23 | by such clerk to the county treasurer, to be
retained by him in | ||||||
24 | a special fund designated as the court automation fund.
The | ||||||
25 | fund shall be audited by the county auditor, and the board | ||||||
26 | shall make
expenditure from the fund in payment of any cost |
| |||||||
| |||||||
1 | related to the automation
of court records, including hardware, | ||||||
2 | software, research and development
costs and personnel related | ||||||
3 | thereto, provided that the expenditure is
approved by the clerk | ||||||
4 | of the court and by the chief judge of the circuit
court or his | ||||||
5 | designate.
| ||||||
6 | 4. With respect to the fee imposed under subsection 1 of | ||||||
7 | this Section, such fees shall not be charged in any matter | ||||||
8 | coming to any such clerk
on change of venue, nor in any | ||||||
9 | proceeding to review the decision of any
administrative | ||||||
10 | officer, agency or body.
| ||||||
11 | 5. With respect to the additional fee imposed under | ||||||
12 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
13 | the circuit clerk to the State Treasurer within one month after | ||||||
14 | receipt for deposit into the State Police Operations Assistance | ||||||
15 | Fund. | ||||||
16 | 6. With respect to the additional fees imposed under | ||||||
17 | subsection 1.5 of this Section, the Director of State Police | ||||||
18 | may direct the use of these fees for homeland security purposes | ||||||
19 | by transferring these fees on a quarterly basis from the State | ||||||
20 | Police Operations Assistance Fund into the Illinois Law | ||||||
21 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
22 | initiatives programs. The transferred fees shall be allocated, | ||||||
23 | subject to the approval of the ILEAS Executive Board, as | ||||||
24 | follows: (i) 66.6% shall be used for homeland security | ||||||
25 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
26 | operations. The ILEAS Executive Board shall annually supply the |
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| |||||||
1 | Director of State Police with a report of the use of these | ||||||
2 | fees. | ||||||
3 | 7. 6. With respect to the additional fee imposed under | ||||||
4 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
5 | the circuit clerk to the State Treasurer within one month after | ||||||
6 | receipt for deposit into the Conservation Police Operations | ||||||
7 | Assistance Fund. | ||||||
8 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
9 | 97-453, eff. 8-19-11; revised 10-4-11.)
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10 | Section 10. The Probation and Probation Officers Act is | ||||||
11 | amended by changing Section 15.1 as follows:
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12 | (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | ||||||
13 | Sec. 15.1. Probation and Court Services Fund.
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14 | (a) The county treasurer in each county shall establish a
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15 | probation and court services fund consisting of fees collected | ||||||
16 | pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | ||||||
17 | of Section 5-6-3.1
of the Unified Code of Corrections, | ||||||
18 | subsection (10) of Section 5-615
and
subsection (5) of Section | ||||||
19 | 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | ||||||
20 | subsection (b) of Section 110-10 of the Code of Criminal
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21 | Procedure of 1963.
The
county treasurer shall disburse monies | ||||||
22 | from the fund only at the direction
of the chief judge of the | ||||||
23 | circuit court in such circuit where the county is
located. The | ||||||
24 | county treasurer of each county shall, on or before January
10 |
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1 | of each year, submit an annual report to the Supreme Court.
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2 | (b) Monies in the probation and court services fund shall | ||||||
3 | be
appropriated by the county board to be used within the | ||||||
4 | county or
jurisdiction where
collected in accordance
with | ||||||
5 | policies and guidelines approved by the Supreme Court for the | ||||||
6 | costs
of operating the probation and court services department | ||||||
7 | or departments;
however, except as provided in subparagraphs | ||||||
8 | subparagraph (g) and (h) , monies
in the probation and court | ||||||
9 | services fund shall not be used for the payment
of salaries of | ||||||
10 | probation and court services personnel.
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11 | (c) Monies expended from the probation and court services | ||||||
12 | fund shall
be used to supplement, not supplant, county | ||||||
13 | appropriations for probation
and court services.
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14 | (d) Interest earned on monies deposited in a probation and | ||||||
15 | court
services fund may be used by the county for its ordinary | ||||||
16 | and contingent
expenditures.
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17 | (e) The county board may appropriate moneys from the | ||||||
18 | probation and court
services fund, upon the direction of the | ||||||
19 | chief judge, to support programs that
are part of the continuum | ||||||
20 | of juvenile delinquency intervention programs which
are or may | ||||||
21 | be developed within the county. The grants from the probation | ||||||
22 | and
court services fund shall be for no more than one year and | ||||||
23 | may be used for any
expenses attributable to the program | ||||||
24 | including administration and oversight of
the program by the | ||||||
25 | probation department.
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26 | (f) The county board may appropriate moneys from the |
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1 | probation and court
services fund, upon the direction of the | ||||||
2 | chief judge, to support practices
endorsed or required under | ||||||
3 | the Sex Offender Management Board Act, including but
not | ||||||
4 | limited to sex offender evaluation, treatment, and monitoring | ||||||
5 | programs that
are or may be developed within the county.
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6 | (g) For the State Fiscal Years 2005, 2006, and 2007
only, | ||||||
7 | the Administrative Office of the Illinois Courts may permit a | ||||||
8 | county or circuit to use its probation and court services fund | ||||||
9 | for the payment of salaries of probation officers and other | ||||||
10 | court services personnel whose salaries are reimbursed under | ||||||
11 | this Act if the State's FY2005, FY2006, or FY2007 appropriation | ||||||
12 | to the Supreme Court for reimbursement to counties for | ||||||
13 | probation salaries and services is less than the amount | ||||||
14 | appropriated to the Supreme Court for these
purposes for State | ||||||
15 | Fiscal Year 2004. The Administrative Office of the Illinois | ||||||
16 | Courts shall take into account each county's or circuit's | ||||||
17 | probation fee collections and expenditures when apportioning | ||||||
18 | the total reimbursement for each county or circuit.
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19 | (h) The Administrative Office of the Illinois Courts may | ||||||
20 | permit a county or circuit to use its probation and court | ||||||
21 | services fund for the payment of salaries of probation officers | ||||||
22 | and other court services personnel whose salaries are | ||||||
23 | reimbursed under this Act in any State fiscal year that the | ||||||
24 | appropriation for reimbursement to counties for probation | ||||||
25 | salaries and services is less than the amount appropriated to | ||||||
26 | the Supreme Court for these purposes for State Fiscal Year |
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1 | 2002 , except that the Administrative Office of the Illinois | ||||||
2 | Courts shall adjust this amount appropriated in 2002 by 3% per | ||||||
3 | year and may continue to permit use of the probation and court | ||||||
4 | services fund for salaries in any State fiscal year where the | ||||||
5 | State reimbursement to counties is regularly delayed more than | ||||||
6 | 4 months . The Administrative Office of the Illinois Courts | ||||||
7 | shall take into account each county's or circuit's probation | ||||||
8 | fee collections and expenditures when appropriating the total | ||||||
9 | reimbursement for each county or circuit. Any amount | ||||||
10 | appropriated to the Supreme Court in any State fiscal year for | ||||||
11 | the purpose of reimbursing Cook County for the salaries and | ||||||
12 | operations of the Cook County Juvenile Temporary Detention | ||||||
13 | Center shall not be counted in the total appropriation to the | ||||||
14 | Supreme Court in that State fiscal year for reimbursement to | ||||||
15 | counties for probation salaries and services, for the purposes | ||||||
16 | of this paragraph (h). | ||||||
17 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||||||
18 | eff. 1-11-08.)
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19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes | ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act.
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