ILCS » Chapter 5 · Act 70
Illinois Compiled Statutes

5 ILCS 70/1.31 (2026)

If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of each Act enacted after the effective date of this amendatory Act are severable, unless otherwise provided by the Act

✓ current as of May 2026
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(5 ILCS 70/1.31) (from Ch. 1, par. 1032)
    Sec. 1.31. If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of each Act enacted after the effective date of this amendatory Act are severable, unless otherwise provided by the Act.
(Source: P.A. 79-1178; 79-1454.)

    
Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1996–2025 · leading case: Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997).
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Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). · cites it 4× “Act 89-7, § 990, citing 5 ILCS 70/1.31 ( West 1996 ). Although the enactment of a severability provision reflects a legislative effort to preserve an act notwithstanding a declaration of partial invalidity, it has been noted that "[b]ecause of the very frequency with which it is…”
People v. Chairez, 2018 IL 121417 (Ill. 2018). · cites it 2× “Resolving this issue involves a question of statutory construction, which first requires ascertaining and giving effect to the intent of the legislature by looking at either the statute's own specific severability provision, if one exists, or the Statute on Statutes' general…”
People v. Mosley, 2015 IL 115872 (Ill. 2015). · cites it 3× “2d at 484 (quoting 5 ILCS 70/1.31 (West 2000)). ¶ 30 Here, the AUUW statute at issue (720 ILCS 5/24-1.”
People v. Relerford, 2017 IL 121094 (Ill. 2017). “31 of the Statute on Statutes ( 5 ILCS 70/1.31 (West 2012) ). See Pub. Act 96-686, § 97 (eff.”
People v. Warren, 671 N.E.2d 700 (Ill. 1996). · cites it 2× “See 5 ILCS 70/1.31 (West 1994). In either case, the question of severability is essentially a question of legislative intent.”
People v. Henderson, 2013 IL App (1st) 113294 (Ill. App. Ct. 2014). · cites it 2× “¶ 18 Generally, an invalid portion of a statute may be severed from those portions which remain valid, and the authority to do so may arise either from a specific severability provision of that statute or from the general severability statute (see 5 ILCS 70/1.31 (West 2012)).…”
People v. Watts, 692 N.E.2d 315 (Ill. 1998). · cites it 2× “, whether or not they are already an element of the crime, is constitutionally insignificant. III. Severability Having determined that the presumption portion of the Act is unconstitutional, we must determine whether this portion of the statute is severable from the rest of the…”
People v. Pomykala, 784 N.E.2d 784 (Ill. 2003). “Section 9 — 3(b) states an evidentiary rule regarding the effect on the issue of recklessness of the accused being under the influence of alcohol or other drugs. Subsection (c) of the statute (720 ILCS 5/9 — 3(c) (West 2000)) sets forth the factors to be considered in…”
People v. Sanders, 696 N.E.2d 1144 (Ill. 1998). · cites it 2× “2d 1137 ), we may excise the offending portion from the Act and preserve the remainder (see 5 ILCS 70/1.31 (West 1996)), provided the remainder is complete in and of itself, and is capable of being executed wholly independently of the severed portion ( Tully v.”
People v. Mosley, 2015 IL 115872 (Ill. 2015). · cites it 2× “2d at 484 (quoting 5 ILCS 70/1.31 (West 2000)). ¶ 30 Here, the AUUW statute at issue (720 ILCS 5/24-1.”
People v. Alexander, 791 N.E.2d 506 (Ill. 2003). “” 5 ILCS 70/1.31 (West 2000). Sever-ability involves a two-part inquiry.”
People v. Cazacu, 869 N.E.2d 381 (Ill. App. Ct. 2007). · cites it 2× “31 of the Statute on Statutes (5 ILCS 70/1.31 (West 2004)), which provides: “If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions…”
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