Fabio
165 lines
12 KiB
Markdown
165 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "CRIM PRO - RESENTENCE"
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description: "Amends the Code of Criminal Procedure of 1963. Allows a motion to be filed with the trial court that entered the judgment of conviction in a defendant's case at any time following the entry of a guilty verdict or a finding of guilt for any offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance by the defendant provided: (1) the motion clearly states the penalty for the offense for which the defendant was found guilty or convicted has been amended or changed and became effective after his or her plea of guilty or conviction, which includes but is not limited to: (A) reduces the minimum or maximum sentence for the offense; (B) grants the court more discretion over the range of penalties for the offense; (C) the underlying conduct relating to the offense was decriminalized; or (D) other instances in which the penalties associated with the offense or conduct underlying the offense were reduced in any way; and (2) reasonable notice of the motion is served upon the State. If the court grants a motion under this Section, it must reduce the penalty imposed on the defendant so that it is consistent with the penalty the defendant would have received if the current law was in effect on the date when the offense was committed and the court may take any additional action it deems appropriate under the circumstances."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "100th"
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identifier: "HB 1804"
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citation: "Illinois HB 1804 (100th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 99
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vote_count: 3
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first_action: "2017-02-02"
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last_action: "2018-08-10"
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source: "openstates"
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source_identifier: "ocd-bill/a3b337d1-3d97-493a-8d6d-823eea17e6a8"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1804&GAID=14&DocTypeID=HB&LegId=102401&SessionID=91&GA=100"
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source_hash: "e310e237a98bfdbf3299eb74a54464c1259d1f216e465434a23bb164372bc763"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois HB 1804 (100th) — CRIM PRO - RESENTENCE
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Amends the Code of Criminal Procedure of 1963. Allows a motion to be filed with the trial court that entered the judgment of conviction in a defendant's case at any time following the entry of a guilty verdict or a finding of guilt for any offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance by the defendant provided: (1) the motion clearly states the penalty for the offense for which the defendant was found guilty or convicted has been amended or changed and became effective after his or her plea of guilty or conviction, which includes but is not limited to: (A) reduces the minimum or maximum sentence for the offense; (B) grants the court more discretion over the range of penalties for the offense; (C) the underlying conduct relating to the offense was decriminalized; or (D) other instances in which the penalties associated with the offense or conduct underlying the offense were reduced in any way; and (2) reasonable notice of the motion is served upon the State. If the court grants a motion under this Section, it must reduce the penalty imposed on the defendant so that it is consistent with the penalty the defendant would have received if the current law was in effect on the date when the offense was committed and the court may take any additional action it deems appropriate under the circumstances.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1804&GA=100&SessionId=91&DocTypeId=HB&LegID=102401&DocNum=1804&GAID=14&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1804eng&GA=100&SessionId=91&DocTypeId=HB&LegID=102401&DocNum=1804&GAID=14&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1804enr&GA=100&SessionId=91&DocTypeId=HB&LegID=102401&DocNum=1804&GAID=14&Session=&print=true)
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## Votes
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- Third Reading — **72–41** (pass) · lower
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- Third Reading — **56–0** (pass) · upper
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- Concurrence, Amendment 2 — **78–24** (pass) · lower
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## Sponsors
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- Cristina Castro — cosponsor (person)
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- Jaime M. Andrade, Jr. — primary (person)
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- Jim Oberweis — cosponsor (person)
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- Karen McConnaughay — cosponsor (person)
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- Kimberly A. Lightford — cosponsor (person)
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- Michael Connelly — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2017-02-02** Filed with the Clerk by Rep. Kelly M. Cassidy `filing`
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- **2017-02-03** First Reading `reading-1`
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- **2017-02-03** Referred to Rules Committee `referral-committee`
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- **2017-02-14** Assigned to Judiciary - Criminal Committee `referral-committee`
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- **2017-02-22** Do Pass / Short Debate Judiciary - Criminal Committee; 008-005-000 `committee-passage`
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- **2017-02-23** Placed on Calendar 2nd Reading - Short Debate
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- **2017-02-24** Added Chief Co-Sponsor Rep. Rita Mayfield
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- **2017-02-24** Added Chief Co-Sponsor Rep. Justin Slaughter
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- **2017-02-28** House Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy `amendment-introduction`
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- **2017-02-28** House Floor Amendment No. 1 Referred to Rules Committee `referral-committee`
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- **2017-03-07** House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
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- **2017-03-07** Fiscal Note Requested by Rep. Tom Demmer
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- **2017-03-07** State Mandates Fiscal Note Requested by Rep. Tom Demmer
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- **2017-03-10** Fiscal Note Filed
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- **2017-03-14** State Mandates Fiscal Note Filed
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- **2017-03-15** Added Co-Sponsor Rep. Barbara Wheeler
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- **2017-03-15** House Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy `amendment-introduction`
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- **2017-03-15** House Floor Amendment No. 2 Referred to Rules Committee `referral-committee`
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- **2017-03-16** Added Chief Co-Sponsor Rep. John M. Cabello
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- **2017-03-21** House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
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- **2017-03-22** House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000 `committee-passage-favorable`
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- **2017-03-22** Added Co-Sponsor Rep. Allen Skillicorn
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- **2017-03-23** Added Chief Co-Sponsor Rep. Patricia R. Bellock
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- **2017-03-30** Added Co-Sponsor Rep. Barbara Flynn Currie
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- **2017-03-30** Added Co-Sponsor Rep. Sheri Jesiel
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- **2017-04-04** Second Reading - Short Debate `reading-2`
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- **2017-04-04** House Floor Amendment No. 2 Adopted `amendment-passage`
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- **2017-04-04** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2017-04-05** Third Reading - Short Debate - Passed 072-041-000 `reading-3, passage`
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- **2017-04-06** Arrive in Senate `introduction`
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- **2017-04-06** Placed on Calendar Order of First Reading `reading-1`
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- **2017-04-06** Chief Senate Sponsor Sen. Toi W. Hutchinson
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- **2017-04-06** First Reading `reading-1`
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- **2017-04-06** Referred to Assignments `referral-committee`
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- **2017-04-25** Assigned to Criminal Law `referral-committee`
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- **2017-04-26** Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford
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- **2017-04-26** Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
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- **2017-04-28** House Floor Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee `referral-committee`
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- **2017-05-03** Postponed - Criminal Law
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- **2017-05-03** Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
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- **2017-05-05** Added as Alternate Co-Sponsor Sen. Jim Oberweis
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- **2017-05-09** Do Pass Criminal Law; 010-000-000 `committee-passage`
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- **2017-05-09** Placed on Calendar Order of 2nd Reading May 10, 2017
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- **2017-05-19** Added as Alternate Co-Sponsor Sen. Karen McConnaughay
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- **2017-05-23** Second Reading `reading-2`
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- **2017-05-23** Placed on Calendar Order of 3rd Reading May 24, 2017
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- **2017-05-26** Rule 2-10 Third Reading Deadline Established As May 31, 2017 `reading-3`
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- **2017-08-04** Pursuant to Senate Rule 3-9(b) / Referred to Assignments `referral-committee`
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- **2018-01-24** Approved for Consideration Assignments
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- **2018-01-24** Placed on Calendar Order of 3rd Reading January 30, 2018
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- **2018-02-14** Senate Floor Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson `amendment-introduction`
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- **2018-02-14** Senate Floor Amendment No. 1 Referred to Assignments `referral-committee`
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- **2018-02-20** Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
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- **2018-03-14** Senate Floor Amendment No. 1 Postponed - Criminal Law
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- **2018-03-19** Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
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- **2018-05-22** Added as Alternate Co-Sponsor Sen. Cristina Castro
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- **2018-05-25** Rule 2-10 Third Reading Deadline Established As May 31, 2018 `reading-3`
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- **2018-05-29** Alternate Chief Sponsor Changed to Sen. John J. Cullerton
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- **2018-05-29** Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton `amendment-introduction`
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- **2018-05-29** Senate Floor Amendment No. 2 Referred to Assignments `referral-committee`
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- **2018-05-30** Senate Floor Amendment No. 2 Assignments Refers to Executive
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- **2018-05-30** Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000
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- **2018-05-30** Recalled to Second Reading `reading-2`
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- **2018-05-30** Senate Floor Amendment No. 2 Adopted; J. Cullerton `amendment-passage`
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- **2018-05-30** Placed on Calendar Order of 3rd Reading
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- **2018-05-30** Third Reading - Passed; 056-000-000 `reading-3, passage`
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- **2018-05-30** Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) `amendment-failure`
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- **2018-05-30** Added as Alternate Chief Co-Sponsor Sen. Kwame Raoul
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- **2018-05-30** Added as Alternate Co-Sponsor Sen. Michael Connelly
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- **2018-05-30** Arrived in House `introduction`
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- **2018-05-30** Placed on Calendar Order of Concurrence Senate Amendment(s) 2
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- **2018-05-30** Chief Sponsor Changed to Rep. Jaime M. Andrade, Jr.
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- **2018-05-30** Senate Floor Amendment No. 2 Motion Filed Concur Rep. Jaime M. Andrade, Jr.
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- **2018-05-30** Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee `referral-committee`
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- **2018-05-31** Remove Chief Co-Sponsor Rep. Rita Mayfield
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- **2018-05-31** Remove Chief Co-Sponsor Rep. Justin Slaughter
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- **2018-05-31** Remove Chief Co-Sponsor Rep. Patricia R. Bellock
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- **2018-05-31** Remove Chief Co-Sponsor Rep. John M. Cabello
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- **2018-05-31** Added Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
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- **2018-05-31** Added Chief Co-Sponsor Rep. Robert Martwick
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- **2018-05-31** Added Chief Co-Sponsor Rep. David Harris
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- **2018-05-31** Added Chief Co-Sponsor Rep. Kelly M. Burke
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- **2018-05-31** Added Co-Sponsor Rep. Emanuel Chris Welch
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- **2018-05-31** Added Co-Sponsor Rep. John C. D'Amico
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- **2018-05-31** Added Co-Sponsor Rep. Michael J. Zalewski
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- **2018-05-31** Added Co-Sponsor Rep. Martin J. Moylan
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- **2018-05-31** Added Co-Sponsor Rep. Frances Ann Hurley
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- **2018-05-31** Added Co-Sponsor Rep. Anthony DeLuca
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- **2018-05-31** Added Co-Sponsor Rep. Luis Arroyo
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- **2018-05-31** Removed Co-Sponsor Rep. Allen Skillicorn
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- **2018-05-31** Removed Co-Sponsor Rep. Barbara Flynn Currie
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- **2018-05-31** Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
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- **2018-05-31** Senate Floor Amendment No. 2 House Concurs 078-024-002
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- **2018-05-31** House Concurs
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- **2018-05-31** Passed Both Houses
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- **2018-06-14** Sent to the Governor `executive-receipt`
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- **2018-08-10** Governor Approved `executive-signature`
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- **2018-08-10** Effective Date August 10, 2018
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- **2018-08-10** Public Act . . . . . . . . . 100-0745 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/a3b337d1-3d97-493a-8d6d-823eea17e6a8`. Confidence: reported (aggregated from official Illinois legislature records).
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