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IN RE BRANNING

No. 4-96-0144.

674 N.E.2d 463 (1996)

285 Ill. App.3d 405

220 Ill.Dec. 920

In re Winifred BRANNING, a Person Found Subject to Involuntary Therapy (The People of the State of Illinois, Plaintiff-Appellee, Winifred Branning, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

Decided December 18, 1996.

Attorney(s) appearing for the Case

John B. Lower, Director, Jeff M. Plesko, Managing Atty. (argued), Guardianship & Advocacy Com'n, Anna, for Winifred Branning.

Patrick W. Kelley, State's Atty., Norbert J. Goetten, Director, Robert J. Biderman, Dep. Dir., David E. Mannchen (argued), Staff Atty., State's Atty. Appellate Prosecutor, Springfield, for the People.

Justice GREEN delivered the opinion of the court:

In this case we pass upon the constitutionality of section 2-110 of the Mental Health and Developmental Disabilities Code (Code), which states as follows:

"No recipient of services shall be subjected to electro-convulsive therapy, or to any unusual, hazardous, or experimental services or psychosurgery, without his written and informed consent. If the recipient is a minor or is under guardianship...

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