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1-102.Continuation of prior statutes.

Article I. General Provisions · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceProvides that any part of this Code that restates an earlier statute continues that earlier statute rather than starting it over, and that other laws referring to the old statute are read as referring to the matching new provision.

Full Text of 735 ILCS 5/1-102

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The provisions of this Act 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 an Article or a Section of such an Act, which is continued in this Act, such reference shall refer to the Act, Article, or Section thereof so continued in this Act.

Plain-English Summary

When Illinois folded older statutes into this Code, lawmakers needed a way to say the recodification did not wipe out what came before. This section does that job. If a section here is the same, or substantially the same, as a prior statute, the law treats it as a continuation of that older law rather than a brand-new enactment.

The second sentence handles a related problem: other Illinois statutes that still refer to the old Act, Article, or Section by its earlier name. Under this section, that kind of reference is read as pointing to whatever part of this Code now contains the continued provision.

The section does not create new rights or duties. It preserves continuity for provisions carried forward from earlier law, so that recodifying the statute does not itself change how those provisions are read or cited elsewhere.

Frequently Asked Questions

What problem is this section meant to solve?

It heads off any argument that folding older statutes into this Code broke their continuity or required treating them as newly created law.

Does this section create new legal rights?

No. It only preserves the continuity of provisions that are the same or substantially the same as a prior statute.

What happens if another Illinois statute still cites the old law by its earlier name?

Under the second sentence, that reference is read as referring to the Act, Article, or Section of this Code that now continues the older provision.

Does this section apply to every section of this Code?

No. It applies only to provisions that are the same or substantially the same as a prior statute, not to entirely new provisions added by this Code.

Why include a continuation clause at all?

It is a standard tool in recodifying statutes, so that reenacting old law as part of a new Code does not itself reset how the provisions carried forward are treated.

Amendment History

(Source: P.A. 82-280.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: continuation of prior statute Illinoisrecodification of Illinois lawstatute continuity clauseold Act reference in new Code735 ILCS 5 history of enactment