Article 2 - Savings Provisions
(730 ILCS 5/Ch. VIII Art. 2 heading) ARTICLE 2. SAVINGS PROVISIONS
(730 ILCS 5/8‑2‑1) (from Ch. 38, par. 1008‑2‑1)
Sec. 8‑2‑1. Saving Clause.
The repeal of Acts or parts of Acts enumerated in Section 8‑5‑1 does not: (1) affect any offense committed, act done, prosecution pending, penalty, punishment or forfeiture incurred, or rights, powers or remedies accrued under any law in effect immediately prior to the effective date of this Code; (2) impair, avoid, or affect any grant or conveyance made or right acquired or cause of action then existing under any such repealed Act or amendment thereto; (3) affect or impair the validity of any bail or other bond or other obligation issued or sold and constituting a valid obligation of the issuing authority immediately prior to the effective date of this Code; (4) the validity of any contract; or (5) the validity of any tax levied under any law in effect prior to the effective date of this Code. The repeal of any validating Act or part thereof shall not avoid the effect of the validation. No Act repealed by Section 8‑5‑1 shall repeal any Act or part thereof which embraces the same or a similar subject matter as the Act repealed.
(Source: P. A. 78‑255.) |
(730 ILCS 5/8‑2‑2) (from Ch. 38, par. 1008‑2‑2)
Sec. 8‑2‑2. Continuation of prior law.
The provisions of this Code insofar as they are the same or substantially the same as those of any prior statute, shall be construed as a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General Assembly, or a Section of such an Act, which is continued in this Code such reference shall be held to refer to the Act or Section thereof so continued in this Code.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/8‑2‑3) (from Ch. 38, par. 1008‑2‑3)
Sec. 8‑2‑3. Existing indebtedness.
Any bond or other evidence of indebtedness issued under the provisions of any Act repealed by this Code which is outstanding and unpaid on the effective date of this Code shall be amortized and retired by taxation or revenue in the manner provided by the Act under which such indebtedness was incurred, notwithstanding the repeal of such Act.
However, the provisions of this Section shall not be construed to prevent the refunding of any such indebtedness under the provisions of this Code or as may be otherwise provided by law.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/8‑2‑4) (from Ch. 38, par. 1008‑2‑4)
Sec. 8‑2‑4. Prosecutions Continued; Applicable Sentencing Provisions. (a) Prosecution for any violation of law occurring prior to January 1, 1973, is not affected or abated by the Unified Code of Corrections . If the offense being prosecuted has not reached the sentencing stage or a final adjudication by January 1, 1973, then for purposes of sentencing the sentences under the Unified Code of Corrections apply if they are less than under the prior law upon which the prosecution was commenced.
(b) Prosecution for any violation of law occurring before the effective date of this amendatory Act of 1977 is not affected or abated by this amendatory Act of 1977. If the defendant has not been sentenced before the effective date of this amendatory Act of 1977, he shall have the right to elect to be sentenced under the law as it existed at the time of his offense or under the law in effect on and after the effective date of this amendatory Act of 1977. If a sentence has been imposed before the effective date of this amendatory Act of 1977, the defendant shall not have the right of election even though his case has not been finally adjudicated on appeal; however, where eligible, he shall have the rights provided by Section 3‑3‑2.1 of this Code.
(Source: P.A. 80‑1099.) |