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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5) | ||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other | ||||||
19 | records prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmitted | ||||||
2 | infection or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmitted | ||||||
4 | Infection Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
16 | (n) shall apply until the conclusion of the trial of the | ||||||
17 | case, even if the prosecution chooses not to pursue the | ||||||
18 | death penalty prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
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1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act (repealed). | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act. | ||||||
12 | (t) (Blank). | ||||||
13 | (u) Records and information provided to an independent | ||||||
14 | team of experts under the Developmental Disability and | ||||||
15 | Mental Health Safety Act (also known as Brian's Law). | ||||||
16 | (v) Names and information of people who have applied | ||||||
17 | for or received Firearm Owner's Identification Cards under | ||||||
18 | the Firearm Owners Identification Card Act or applied for | ||||||
19 | or received a concealed carry license under the Firearm | ||||||
20 | Concealed Carry Act, unless otherwise authorized by the | ||||||
21 | Firearm Concealed Carry Act; and databases under the | ||||||
22 | Firearm Concealed Carry Act, records of the Concealed | ||||||
23 | Carry Licensing Review Board under the Firearm Concealed | ||||||
24 | Carry Act, and law enforcement agency objections under the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (v-5) Records of the Firearm Owner's Identification |
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1 | Card Review Board that are exempted from disclosure under | ||||||
2 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
3 | (w) Personally identifiable information which is | ||||||
4 | exempted from disclosure under subsection (g) of Section | ||||||
5 | 19.1 of the Toll Highway Act. | ||||||
6 | (x) Information which is exempted from disclosure | ||||||
7 | under Section 5-1014.3 of the Counties Code or Section | ||||||
8 | 8-11-21 of the Illinois Municipal Code. | ||||||
9 | (y) Confidential information under the Adult | ||||||
10 | Protective Services Act and its predecessor enabling | ||||||
11 | statute, the Elder Abuse and Neglect Act, including | ||||||
12 | information about the identity and administrative finding | ||||||
13 | against any caregiver of a verified and substantiated | ||||||
14 | decision of abuse, neglect, or financial exploitation of | ||||||
15 | an eligible adult maintained in the Registry established | ||||||
16 | under Section 7.5 of the Adult Protective Services Act. | ||||||
17 | (z) Records and information provided to a fatality | ||||||
18 | review team or the Illinois Fatality Review Team Advisory | ||||||
19 | Council under Section 15 of the Adult Protective Services | ||||||
20 | Act. | ||||||
21 | (aa) Information which is exempted from disclosure | ||||||
22 | under Section 2.37 of the Wildlife Code. | ||||||
23 | (bb) Information which is or was prohibited from | ||||||
24 | disclosure by the Juvenile Court Act of 1987. | ||||||
25 | (cc) Recordings made under the Law Enforcement | ||||||
26 | Officer-Worn Body Camera Act, except to the extent |
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1 | authorized under that Act. | ||||||
2 | (dd) Information that is prohibited from being | ||||||
3 | disclosed under Section 45 of the Condominium and Common | ||||||
4 | Interest Community Ombudsperson Act. | ||||||
5 | (ee) Information that is exempted from disclosure | ||||||
6 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
7 | (ff) Information that is exempted from disclosure | ||||||
8 | under the Revised Uniform Unclaimed Property Act. | ||||||
9 | (gg) Information that is prohibited from being | ||||||
10 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
11 | Code. | ||||||
12 | (hh) Records that are exempt from disclosure under | ||||||
13 | Section 1A-16.7 of the Election Code. | ||||||
14 | (ii) Information which is exempted from disclosure | ||||||
15 | under Section 2505-800 of the Department of Revenue Law of | ||||||
16 | the Civil Administrative Code of Illinois. | ||||||
17 | (jj) Information and reports that are required to be | ||||||
18 | submitted to the Department of Labor by registering day | ||||||
19 | and temporary labor service agencies but are exempt from | ||||||
20 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
21 | and Temporary Labor Services Act. | ||||||
22 | (kk) Information prohibited from disclosure under the | ||||||
23 | Seizure and Forfeiture Reporting Act. | ||||||
24 | (ll) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
26 | Aid Code. |
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1 | (mm) Records that are exempt from disclosure under | ||||||
2 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
3 | (nn) Information that is exempt from disclosure under | ||||||
4 | Section 70 of the Higher Education Student Assistance Act. | ||||||
5 | (oo) Communications, notes, records, and reports | ||||||
6 | arising out of a peer support counseling session | ||||||
7 | prohibited from disclosure under the First Responders | ||||||
8 | Suicide Prevention Act. | ||||||
9 | (pp) Names and all identifying information relating to | ||||||
10 | an employee of an emergency services provider or law | ||||||
11 | enforcement agency under the First Responders Suicide | ||||||
12 | Prevention Act. | ||||||
13 | (qq) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives collected | ||||||
15 | under the Reproductive Health Act. | ||||||
16 | (rr) Information that is exempt from disclosure under | ||||||
17 | the Cannabis Regulation and Tax Act. | ||||||
18 | (ss) Data reported by an employer to the Department of | ||||||
19 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
20 | Human Rights Act. | ||||||
21 | (tt) Recordings made under the Children's Advocacy | ||||||
22 | Center Act, except to the extent authorized under that | ||||||
23 | Act. | ||||||
24 | (uu) Information that is exempt from disclosure under | ||||||
25 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
26 | (vv) Information that is exempt from disclosure under |
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1 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
2 | Public Aid Code. | ||||||
3 | (ww) Information that is exempt from disclosure under | ||||||
4 | Section 16.8 of the State Treasurer Act. | ||||||
5 | (xx) Information that is exempt from disclosure or | ||||||
6 | information that shall not be made public under the | ||||||
7 | Illinois Insurance Code. | ||||||
8 | (yy) Information prohibited from being disclosed under | ||||||
9 | the Illinois Educational Labor Relations Act. | ||||||
10 | (zz) Information prohibited from being disclosed under | ||||||
11 | the Illinois Public Labor Relations Act. | ||||||
12 | (aaa) Information prohibited from being disclosed | ||||||
13 | under Section 1-167 of the Illinois Pension Code. | ||||||
14 | (bbb) Information that is prohibited from disclosure | ||||||
15 | by the Illinois Police Training Act and the Illinois State | ||||||
16 | Police Act. | ||||||
17 | (ccc) Records exempt from disclosure under Section | ||||||
18 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (ddd) Information prohibited from being disclosed | ||||||
21 | under Section 35 of the Address Confidentiality for | ||||||
22 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
23 | Trafficking, or Stalking Act. | ||||||
24 | (eee) Information prohibited from being disclosed | ||||||
25 | under subsection (b) of Section 75 of the Domestic | ||||||
26 | Violence Fatality Review Act. |
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1 | (fff) Images from cameras under the Expressway Camera | ||||||
2 | Act. This subsection (fff) is inoperative on and after | ||||||
3 | July 1, 2025. | ||||||
4 | (ggg) Information prohibited from disclosure under | ||||||
5 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
6 | Agency Licensing Act. | ||||||
7 | (hhh) Information submitted to the Illinois State | ||||||
8 | Police in an affidavit or application for an assault | ||||||
9 | weapon endorsement, assault weapon attachment endorsement, | ||||||
10 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
11 | endorsement under the Firearm Owners Identification Card | ||||||
12 | Act. | ||||||
13 | (iii) Data exempt from disclosure under Section 50 of | ||||||
14 | the School Safety Drill Act. | ||||||
15 | (jjj) Information exempt from disclosure under Section | ||||||
16 | 30 of the Insurance Data Security Law. | ||||||
17 | (kkk) Confidential business information prohibited | ||||||
18 | from disclosure under Section 45 of the Paint Stewardship | ||||||
19 | Act. | ||||||
20 | (lll) Data exempt from disclosure under Section | ||||||
21 | 2-3.196 of the School Code. | ||||||
22 | (mmm) Information prohibited from being disclosed | ||||||
23 | under subsection (e) of Section 1-129 of the Illinois | ||||||
24 | Power Agency Act. | ||||||
25 | (nnn) Materials received by the Department of Commerce | ||||||
26 | and Economic Opportunity that are confidential under the |
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1 | Music and Musicians Tax Credit and Jobs Act. | ||||||
2 | (ooo) (nnn) Data or information provided pursuant to | ||||||
3 | Section 20 of the Statewide Recycling Needs and Assessment | ||||||
4 | Act. | ||||||
5 | (ppp) (nnn) Information that is exempt from disclosure | ||||||
6 | under Section 28-11 of the Lawful Health Care Activity | ||||||
7 | Act. | ||||||
8 | (qqq) (nnn) Information that is exempt from disclosure | ||||||
9 | under Section 7-101 of the Illinois Human Rights Act. | ||||||
10 | (rrr) (mmm) Information prohibited from being | ||||||
11 | disclosed under Section 4-2 of the Uniform Money | ||||||
12 | Transmission Modernization Act. | ||||||
13 | (sss) (nnn) Information exempt from disclosure under | ||||||
14 | Section 40 of the Student-Athlete Endorsement Rights Act. | ||||||
15 | (ttt) Audio recordings made under Section 30 of the | ||||||
16 | Illinois State Police Act, except to the extent authorized | ||||||
17 | under that Section. | ||||||
18 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
19 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
20 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
21 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
22 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
23 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
24 | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. | ||||||
25 | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, | ||||||
26 | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; |
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1 | 103-1049, eff. 8-9-24; revised 11-26-24.)
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2 | Section 10. The Illinois State Police Act is amended by | ||||||
3 | changing Section 30 as follows:
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4 | (20 ILCS 2610/30) | ||||||
5 | Sec. 30. Patrol vehicles with in-car video recording | ||||||
6 | cameras. | ||||||
7 | (a) Definitions. As used in this Section: | ||||||
8 | "Audio recording" means the recorded conversation | ||||||
9 | between an officer and a second party. | ||||||
10 | "Emergency lights" means oscillating, rotating, or | ||||||
11 | flashing lights on patrol vehicles. | ||||||
12 | "In-car video camera" means a video camera located in | ||||||
13 | an Illinois State Police patrol vehicle. | ||||||
14 | "In-car video camera recording equipment" means a | ||||||
15 | video camera recording system located in an Illinois State | ||||||
16 | Police patrol vehicle consisting of a camera assembly, | ||||||
17 | recording mechanism, and an in-car video recording medium. | ||||||
18 | "Enforcement stop" means an action by an officer of | ||||||
19 | the Illinois State Police in relation to enforcement and | ||||||
20 | investigation duties, including but not limited to, | ||||||
21 | traffic stops, pedestrian stops, abandoned vehicle | ||||||
22 | contacts, motorist assists, commercial motor vehicle | ||||||
23 | stops, roadside safety checks, requests for | ||||||
24 | identification, or responses to requests for emergency |
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1 | assistance. | ||||||
2 | "Recording" means the process of capturing data or | ||||||
3 | information stored on a recording medium as required under | ||||||
4 | this Section. | ||||||
5 | "Recording medium" means any recording medium | ||||||
6 | authorized by the Illinois State Police for the retention | ||||||
7 | and playback of recorded audio and video including, but | ||||||
8 | not limited to, VHS, DVD, hard drive, solid state, | ||||||
9 | digital, or flash memory technology. | ||||||
10 | "Wireless microphone" means a device worn by the | ||||||
11 | officer or any other equipment used to record | ||||||
12 | conversations between the officer and a second party and | ||||||
13 | transmitted to the recording equipment. "Wireless | ||||||
14 | microphone" includes a body-worn camera that is capable of | ||||||
15 | recording audio. | ||||||
16 | (b) By June 1, 2009, the Illinois State Police shall | ||||||
17 | install in-car video camera recording equipment in all patrol | ||||||
18 | vehicles. Subject to appropriation, all patrol vehicles shall | ||||||
19 | be equipped with in-car video camera recording equipment with | ||||||
20 | a recording medium capable of recording for a period of 10 | ||||||
21 | hours or more by June 1, 2011. In-car video camera recording | ||||||
22 | equipment shall be capable of making audio recordings with the | ||||||
23 | assistance of a wireless microphone. | ||||||
24 | (c) As of the effective date of this amendatory Act of the | ||||||
25 | 95th General Assembly, in-car video camera recording equipment | ||||||
26 | with a recording medium incapable of recording for a period of |
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1 | 10 hours or more shall record activities outside a patrol | ||||||
2 | vehicle whenever (i) an officer assigned a patrol vehicle is | ||||||
3 | conducting an enforcement stop; (ii) patrol vehicle emergency | ||||||
4 | lights are activated or would otherwise be activated if not | ||||||
5 | for the need to conceal the presence of law enforcement; or | ||||||
6 | (iii) an officer reasonably believes recording may assist with | ||||||
7 | prosecution, enhance safety, or for any other lawful purpose. | ||||||
8 | As of the effective date of this amendatory Act of the 95th | ||||||
9 | General Assembly, in-car video camera recording equipment with | ||||||
10 | a recording medium incapable of recording for a period of 10 | ||||||
11 | hours or more shall record activities inside the vehicle when | ||||||
12 | transporting an arrestee or when an officer reasonably | ||||||
13 | believes recording may assist with prosecution, enhance | ||||||
14 | safety, or for any other lawful purpose. | ||||||
15 | (1) Recording for an enforcement stop shall begin when | ||||||
16 | the officer determines an enforcement stop is necessary | ||||||
17 | and shall continue until the enforcement action has been | ||||||
18 | completed and the subject of the enforcement stop or the | ||||||
19 | officer has left the scene. | ||||||
20 | (2) Recording shall begin when patrol vehicle | ||||||
21 | emergency lights are activated or when they would | ||||||
22 | otherwise be activated if not for the need to conceal the | ||||||
23 | presence of law enforcement, and shall continue until the | ||||||
24 | reason for the activation ceases to exist, regardless of | ||||||
25 | whether the emergency lights are no longer activated. | ||||||
26 | (3) An officer may begin recording if the officer |
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1 | reasonably believes recording may assist with prosecution, | ||||||
2 | enhance safety, or for any other lawful purpose; and shall | ||||||
3 | continue until the reason for recording ceases to exist. | ||||||
4 | (4) If an officer's officer-worn body camera is turned | ||||||
5 | off at the request of a victim or witness of a crime in | ||||||
6 | accordance with paragraph (4) of subsection (a) of Section | ||||||
7 | 10-20 of the Law Enforcement Officer-Worn Body Camera Act, | ||||||
8 | then the officer shall inform the victim or witness that | ||||||
9 | the in-car video recording will continue recording video. | ||||||
10 | (d) In-car video camera recording equipment with a | ||||||
11 | recording medium capable of recording for a period of 10 hours | ||||||
12 | or more shall record activities whenever a patrol vehicle is | ||||||
13 | assigned to patrol duty. | ||||||
14 | (e) Any enforcement stop resulting from a suspected | ||||||
15 | violation of the Illinois Vehicle Code shall be video and | ||||||
16 | audio recorded. Audio recording shall terminate upon release | ||||||
17 | of the violator and prior to initiating a separate criminal | ||||||
18 | investigation. | ||||||
19 | (f) Recordings made on in-car video camera recording | ||||||
20 | medium shall be retained by the Illinois State Police in the | ||||||
21 | same manner and for the same time periods as recordings made on | ||||||
22 | officer-worn cameras under Section 10-20 of the Law | ||||||
23 | Enforcement Officer-Worn Body Camera Act for a storage period | ||||||
24 | of at least 90 days. Under no circumstances shall any | ||||||
25 | recording made on in-car video camera recording medium be | ||||||
26 | altered or erased prior to the expiration of the designated |
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1 | storage period. Upon completion of the storage period, the | ||||||
2 | recording medium may be erased and reissued for operational | ||||||
3 | use unless otherwise ordered by the District Commander or his | ||||||
4 | or her designee or by a court, or if designated for evidentiary | ||||||
5 | or training purposes . | ||||||
6 | (g) Video Audio or video recordings made under pursuant to | ||||||
7 | this Section shall be available under the applicable | ||||||
8 | provisions of the Freedom of Information Act. Only recorded | ||||||
9 | portions of the audio recording or video recording medium | ||||||
10 | applicable to the request will be available for inspection or | ||||||
11 | copying. | ||||||
12 | (g-5) Audio recordings made under this Section shall be | ||||||
13 | available in the same manner as recordings made with an | ||||||
14 | officer-worn body camera under subsection (b) of Section 10-20 | ||||||
15 | of the Law Enforcement Officer-Worn Body Camera Act. | ||||||
16 | (h) The Illinois State Police shall ensure proper care and | ||||||
17 | maintenance of in-car video camera recording equipment and | ||||||
18 | recording medium. An officer operating a patrol vehicle must | ||||||
19 | immediately document and notify the District Commander or his | ||||||
20 | or her designee of any technical difficulties, failures, or | ||||||
21 | problems with the in-car video camera recording equipment or | ||||||
22 | recording medium. Upon receiving notice, the District | ||||||
23 | Commander or his or her designee shall make every reasonable | ||||||
24 | effort to correct and repair any of the in-car video camera | ||||||
25 | recording equipment or recording medium and determine if it is | ||||||
26 | in the public interest to permit the use of the patrol vehicle. |
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1 | (i) The Illinois State Police may promulgate rules to | ||||||
2 | implement this amendatory Act of the 95th General Assembly | ||||||
3 | only to the extent necessary to apply the existing rules or | ||||||
4 | applicable internal directives. | ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.)
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6 | Section 15. The Law Enforcement Camera Grant Act is | ||||||
7 | amended by changing Section 15 as follows:
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8 | (50 ILCS 707/15) | ||||||
9 | Sec. 15. Rules; in-car video camera grants. | ||||||
10 | (a) The Board shall develop model rules for the use of | ||||||
11 | in-car video cameras to be adopted by law enforcement agencies | ||||||
12 | that receive grants under Section 10 of this Act. The rules | ||||||
13 | shall include all of the following requirements: | ||||||
14 | (1) Cameras must be installed in the law enforcement | ||||||
15 | agency vehicles. | ||||||
16 | (2) Video recording must provide audio of the officer | ||||||
17 | when the officer is outside of the vehicle. | ||||||
18 | (3) Camera access must be restricted to the | ||||||
19 | supervisors of the officer in the vehicle. | ||||||
20 | (4) Cameras must be turned on continuously throughout | ||||||
21 | the officer's shift. | ||||||
22 | (5) A copy of the video record must be made available | ||||||
23 | upon request to personnel of the law enforcement agency, | ||||||
24 | the local State's Attorney, and any persons depicted in |
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1 | the video. Procedures for distribution of the video record | ||||||
2 | must include safeguards to protect the identities of | ||||||
3 | individuals who are not a party to the requested stop. | ||||||
4 | (6) Law enforcement agencies that receive moneys under | ||||||
5 | this grant shall provide for storage of the video records | ||||||
6 | for a period of not less than 2 years. | ||||||
7 | (b) Each law enforcement agency receiving a grant for | ||||||
8 | in-car video cameras under Section 10 of this Act must provide | ||||||
9 | an annual report to the Board, the Governor, and the General | ||||||
10 | Assembly on or before May 1 of the year following the receipt | ||||||
11 | of the grant and by each May 1 thereafter during the period of | ||||||
12 | the grant. The report shall include the following: | ||||||
13 | (1) the number of cameras received by the law | ||||||
14 | enforcement agency; | ||||||
15 | (2) the number of cameras actually installed in law | ||||||
16 | enforcement agency vehicles; | ||||||
17 | (3) a brief description of the review process used by | ||||||
18 | supervisors within the law enforcement agency; | ||||||
19 | (4) a list of any criminal, traffic, ordinance, and | ||||||
20 | civil cases in which in-car video recordings were used, | ||||||
21 | including party names, case numbers, offenses charged, and | ||||||
22 | disposition of the matter. Proceedings to which this | ||||||
23 | paragraph (4) applies include, but are not limited to, | ||||||
24 | court proceedings, coroner's inquests, grand jury | ||||||
25 | proceedings, and plea bargains; and | ||||||
26 | (5) any other information relevant to the |
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1 | administration of the program. | ||||||
2 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
3 | Section 20. The Criminal Code of 2012 is amended by | ||||||
4 | changing Sections 11-20.1 and 11-20.4 as follows:
| ||||||
5 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) | ||||||
6 | Sec. 11-20.1. Child pornography. | ||||||
7 | (a) A person commits child pornography who: | ||||||
8 | (1) films, videotapes, photographs, or otherwise | ||||||
9 | depicts or portrays by means of any similar visual medium | ||||||
10 | or reproduction or depicts by computer any child whom he | ||||||
11 | or she knows or reasonably should know to be under the age | ||||||
12 | of 18 or any person with a severe or profound intellectual | ||||||
13 | disability where such child or person with a severe or | ||||||
14 | profound intellectual disability is: | ||||||
15 | (i) actually or by simulation engaged in any act | ||||||
16 | of sexual penetration or sexual conduct with any | ||||||
17 | person or animal; or | ||||||
18 | (ii) actually or by simulation engaged in any act | ||||||
19 | of sexual penetration or sexual conduct involving the | ||||||
20 | sex organs of the child or person with a severe or | ||||||
21 | profound intellectual disability and the mouth, anus, | ||||||
22 | or sex organs of another person or animal; or which | ||||||
23 | involves the mouth, anus or sex organs of the child or | ||||||
24 | person with a severe or profound intellectual |
| |||||||
| |||||||
1 | disability and the sex organs of another person or | ||||||
2 | animal; or | ||||||
3 | (iii) actually or by simulation engaged in any act | ||||||
4 | of masturbation; or | ||||||
5 | (iv) actually or by simulation portrayed as being | ||||||
6 | the object of, or otherwise engaged in, any act of lewd | ||||||
7 | fondling, touching, or caressing involving another | ||||||
8 | person or animal; or | ||||||
9 | (v) actually or by simulation engaged in any act | ||||||
10 | of excretion or urination within a sexual context; or | ||||||
11 | (vi) actually or by simulation portrayed or | ||||||
12 | depicted as bound, fettered, or subject to sadistic, | ||||||
13 | masochistic, or sadomasochistic abuse in any sexual | ||||||
14 | context; or | ||||||
15 | (vii) depicted or portrayed in any pose, posture | ||||||
16 | or setting involving a lewd exhibition of the | ||||||
17 | unclothed or transparently clothed genitals, pubic | ||||||
18 | area, buttocks, or, if such person is female, a fully | ||||||
19 | or partially developed breast of the child or other | ||||||
20 | person; or | ||||||
21 | (2) with the knowledge of the nature or content | ||||||
22 | thereof, reproduces, disseminates, offers to disseminate, | ||||||
23 | exhibits or possesses with intent to disseminate any film, | ||||||
24 | videotape, photograph or other similar visual reproduction | ||||||
25 | or depiction by computer of any child or person with a | ||||||
26 | severe or profound intellectual disability whom the person |
| |||||||
| |||||||
1 | knows or reasonably should know to be under the age of 18 | ||||||
2 | or to be a person with a severe or profound intellectual | ||||||
3 | disability, engaged in any activity described in | ||||||
4 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
5 | subsection; or | ||||||
6 | (3) with knowledge of the subject matter or theme | ||||||
7 | thereof, produces any stage play, live performance, film, | ||||||
8 | videotape or other similar visual portrayal or depiction | ||||||
9 | by computer which includes a child whom the person knows | ||||||
10 | or reasonably should know to be under the age of 18 or a | ||||||
11 | person with a severe or profound intellectual disability | ||||||
12 | engaged in any activity described in subparagraphs (i) | ||||||
13 | through (vii) of paragraph (1) of this subsection; or | ||||||
14 | (4) solicits, uses, persuades, induces, entices, or | ||||||
15 | coerces any child whom he or she knows or reasonably | ||||||
16 | should know to be under the age of 18 or a person with a | ||||||
17 | severe or profound intellectual disability to appear in | ||||||
18 | any stage play, live presentation, film, videotape, | ||||||
19 | photograph or other similar visual reproduction or | ||||||
20 | depiction by computer in which the child or person with a | ||||||
21 | severe or profound intellectual disability is or will be | ||||||
22 | depicted, actually or by simulation, in any act, pose or | ||||||
23 | setting described in subparagraphs (i) through (vii) of | ||||||
24 | paragraph (1) of this subsection; or | ||||||
25 | (5) is a parent, step-parent, legal guardian or other | ||||||
26 | person having care or custody of a child whom the person |
| |||||||
| |||||||
1 | knows or reasonably should know to be under the age of 18 | ||||||
2 | or a person with a severe or profound intellectual | ||||||
3 | disability and who knowingly permits, induces, promotes, | ||||||
4 | or arranges for such child or person with a severe or | ||||||
5 | profound intellectual disability to appear in any stage | ||||||
6 | play, live performance, film, videotape, photograph or | ||||||
7 | other similar visual presentation, portrayal or simulation | ||||||
8 | or depiction by computer of any act or activity described | ||||||
9 | in subparagraphs (i) through (vii) of paragraph (1) of | ||||||
10 | this subsection; or | ||||||
11 | (6) with knowledge of the nature or content thereof, | ||||||
12 | possesses any film, videotape, photograph or other similar | ||||||
13 | visual reproduction or depiction by computer of any child | ||||||
14 | or person with a severe or profound intellectual | ||||||
15 | disability whom the person knows or reasonably should know | ||||||
16 | to be under the age of 18 or to be a person with a severe | ||||||
17 | or profound intellectual disability, engaged in any | ||||||
18 | activity described in subparagraphs (i) through (vii) of | ||||||
19 | paragraph (1) of this subsection; or | ||||||
20 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
21 | entices, or coerces, a person to provide a child under the | ||||||
22 | age of 18 or a person with a severe or profound | ||||||
23 | intellectual disability to appear in any videotape, | ||||||
24 | photograph, film, stage play, live presentation, or other | ||||||
25 | similar visual reproduction or depiction by computer in | ||||||
26 | which the child or person with a severe or profound |
| |||||||
| |||||||
1 | intellectual disability will be depicted, actually or by | ||||||
2 | simulation, in any act, pose, or setting described in | ||||||
3 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
4 | subsection. | ||||||
5 | (a-5) The possession of each individual film, videotape, | ||||||
6 | photograph, or other similar visual reproduction or depiction | ||||||
7 | by computer in violation of this Section constitutes a single | ||||||
8 | and separate violation. This subsection (a-5) does not apply | ||||||
9 | to multiple copies of the same film, videotape, photograph, or | ||||||
10 | other similar visual reproduction or depiction by computer | ||||||
11 | that are identical to each other. | ||||||
12 | (b)(1) It shall be an affirmative defense to a charge of | ||||||
13 | child pornography that the defendant reasonably believed, | ||||||
14 | under all of the circumstances, that the child was 18 years of | ||||||
15 | age or older or that the person was not a person with a severe | ||||||
16 | or profound intellectual disability but only where, prior to | ||||||
17 | the act or acts giving rise to a prosecution under this | ||||||
18 | Section, he or she took some affirmative action or made a | ||||||
19 | bonafide inquiry designed to ascertain whether the child was | ||||||
20 | 18 years of age or older or that the person was not a person | ||||||
21 | with a severe or profound intellectual disability and his or | ||||||
22 | her reliance upon the information so obtained was clearly | ||||||
23 | reasonable. | ||||||
24 | (1.5) Telecommunications carriers, commercial mobile | ||||||
25 | service providers, and providers of information services, | ||||||
26 | including, but not limited to, Internet service providers and |
| |||||||
| |||||||
1 | hosting service providers, are not liable under this Section | ||||||
2 | by virtue of the transmission, storage, or caching of | ||||||
3 | electronic communications or messages of others or by virtue | ||||||
4 | of the provision of other related telecommunications, | ||||||
5 | commercial mobile services, or information services used by | ||||||
6 | others in violation of this Section. | ||||||
7 | (2) (Blank). | ||||||
8 | (3) The charge of child pornography shall not apply to the | ||||||
9 | performance of official duties by law enforcement or | ||||||
10 | prosecuting officers or persons employed by law enforcement or | ||||||
11 | prosecuting agencies, court personnel or attorneys, nor to | ||||||
12 | bonafide treatment or professional education programs | ||||||
13 | conducted by licensed physicians, psychologists or social | ||||||
14 | workers. In any criminal proceeding, any property or material | ||||||
15 | that constitutes child pornography shall remain in the care, | ||||||
16 | custody, and control of either the State or the court. A motion | ||||||
17 | to view the evidence shall comply with subsection (e-5) of | ||||||
18 | this Section. | ||||||
19 | (3.5) The charge of child pornography does not apply to | ||||||
20 | the creator of a film, video, photograph, or other similar | ||||||
21 | visual image or depiction in which the creator is the sole | ||||||
22 | subject of the film, video, photograph, or other similar | ||||||
23 | visual image or depiction. | ||||||
24 | (4) If the defendant possessed more than one of the same | ||||||
25 | film, videotape or visual reproduction or depiction by | ||||||
26 | computer in which child pornography is depicted, then the |
| |||||||
| |||||||
1 | trier of fact may infer that the defendant possessed such | ||||||
2 | materials with the intent to disseminate them. | ||||||
3 | (5) The charge of child pornography does not apply to a | ||||||
4 | person who does not voluntarily possess a film, videotape, or | ||||||
5 | visual reproduction or depiction by computer in which child | ||||||
6 | pornography is depicted. Possession is voluntary if the | ||||||
7 | defendant knowingly procures or receives a film, videotape, or | ||||||
8 | visual reproduction or depiction for a sufficient time to be | ||||||
9 | able to terminate his or her possession. | ||||||
10 | (6) Any violation of paragraph (1), (2), (3), (4), (5), or | ||||||
11 | (7) of subsection (a) that includes a child engaged in, | ||||||
12 | solicited for, depicted in, or posed in any act of sexual | ||||||
13 | penetration or bound, fettered, or subject to sadistic, | ||||||
14 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
15 | shall be deemed a crime of violence. | ||||||
16 | (c) If the violation does not involve a film, videotape, | ||||||
17 | or other moving depiction, a violation of paragraph (1), (4), | ||||||
18 | (5), or (7) of subsection (a) is a Class 1 felony with a | ||||||
19 | mandatory minimum fine of $2,000 and a maximum fine of | ||||||
20 | $100,000. If the violation involves a film, videotape, or | ||||||
21 | other moving depiction, a violation of paragraph (1), (4), | ||||||
22 | (5), or (7) of subsection (a) is a Class X felony with a | ||||||
23 | mandatory minimum fine of $2,000 and a maximum fine of | ||||||
24 | $100,000. If the violation does not involve a film, videotape, | ||||||
25 | or other moving depiction, a violation of paragraph (3) of | ||||||
26 | subsection (a) is a Class 1 felony with a mandatory minimum |
| |||||||
| |||||||
1 | fine of $1500 and a maximum fine of $100,000. If the violation | ||||||
2 | involves a film, videotape, or other moving depiction, a | ||||||
3 | violation of paragraph (3) of subsection (a) is a Class X | ||||||
4 | felony with a mandatory minimum fine of $1500 and a maximum | ||||||
5 | fine of $100,000. If the violation does not involve a film, | ||||||
6 | videotape, or other moving depiction, a violation of paragraph | ||||||
7 | (2) of subsection (a) is a Class 1 felony with a mandatory | ||||||
8 | minimum fine of $1000 and a maximum fine of $100,000. If the | ||||||
9 | violation involves a film, videotape, or other moving | ||||||
10 | depiction, a violation of paragraph (2) of subsection (a) is a | ||||||
11 | Class X felony with a mandatory minimum fine of $1000 and a | ||||||
12 | maximum fine of $100,000. If the violation does not involve a | ||||||
13 | film, videotape, or other moving depiction, a violation of | ||||||
14 | paragraph (6) of subsection (a) is a Class 3 felony with a | ||||||
15 | mandatory minimum fine of $1000 and a maximum fine of | ||||||
16 | $100,000. If the violation involves a film, videotape, or | ||||||
17 | other moving depiction, a violation of paragraph (6) of | ||||||
18 | subsection (a) is a Class 2 felony with a mandatory minimum | ||||||
19 | fine of $1000 and a maximum fine of $100,000. | ||||||
20 | (c-5) Where the child depicted is under the age of 13, a | ||||||
21 | violation of paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
22 | subsection (a) is a Class X felony with a mandatory minimum | ||||||
23 | fine of $2,000 and a maximum fine of $100,000. Where the child | ||||||
24 | depicted is under the age of 13, a violation of paragraph (6) | ||||||
25 | of subsection (a) is a Class 2 felony with a mandatory minimum | ||||||
26 | fine of $1,000 and a maximum fine of $100,000. Where the child |
| |||||||
| |||||||
1 | depicted is under the age of 13, a person who commits a | ||||||
2 | violation of paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
3 | subsection (a) where the defendant has previously been | ||||||
4 | convicted under the laws of this State or any other state of | ||||||
5 | the offense of child pornography, aggravated child | ||||||
6 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
7 | criminal sexual assault, predatory criminal sexual assault of | ||||||
8 | a child, or any of the offenses formerly known as rape, deviate | ||||||
9 | sexual assault, indecent liberties with a child, or aggravated | ||||||
10 | indecent liberties with a child where the victim was under the | ||||||
11 | age of 18 years or an offense that is substantially equivalent | ||||||
12 | to those offenses, is guilty of a Class X felony for which the | ||||||
13 | person shall be sentenced to a term of imprisonment of not less | ||||||
14 | than 9 years with a mandatory minimum fine of $2,000 and a | ||||||
15 | maximum fine of $100,000. Where the child depicted is under | ||||||
16 | the age of 13, a person who commits a violation of paragraph | ||||||
17 | (6) of subsection (a) where the defendant has previously been | ||||||
18 | convicted under the laws of this State or any other state of | ||||||
19 | the offense of child pornography, aggravated child | ||||||
20 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
21 | criminal sexual assault, predatory criminal sexual assault of | ||||||
22 | a child, or any of the offenses formerly known as rape, deviate | ||||||
23 | sexual assault, indecent liberties with a child, or aggravated | ||||||
24 | indecent liberties with a child where the victim was under the | ||||||
25 | age of 18 years or an offense that is substantially equivalent | ||||||
26 | to those offenses, is guilty of a Class 1 felony with a |
| |||||||
| |||||||
1 | mandatory minimum fine of $1,000 and a maximum fine of | ||||||
2 | $100,000. The issue of whether the child depicted is under the | ||||||
3 | age of 13 is an element of the offense to be resolved by the | ||||||
4 | trier of fact. | ||||||
5 | (d) If a person is convicted of a second or subsequent | ||||||
6 | violation of this Section within 10 years of a prior | ||||||
7 | conviction, the court shall order a presentence psychiatric | ||||||
8 | examination of the person. The examiner shall report to the | ||||||
9 | court whether treatment of the person is necessary. | ||||||
10 | (e) Any film, videotape, photograph or other similar | ||||||
11 | visual reproduction or depiction by computer which includes a | ||||||
12 | child under the age of 18 or a person with a severe or profound | ||||||
13 | intellectual disability engaged in any activity described in | ||||||
14 | subparagraphs (i) through (vii) or paragraph 1 of subsection | ||||||
15 | (a), and any material or equipment used or intended for use in | ||||||
16 | photographing, filming, printing, producing, reproducing, | ||||||
17 | manufacturing, projecting, exhibiting, depiction by computer, | ||||||
18 | or disseminating such material shall be seized and forfeited | ||||||
19 | in the manner, method and procedure provided by Section 36-1 | ||||||
20 | of this Code for the seizure and forfeiture of vessels, | ||||||
21 | vehicles and aircraft. | ||||||
22 | In addition, any person convicted under this Section is | ||||||
23 | subject to the property forfeiture provisions set forth in | ||||||
24 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
25 | (e-5) Upon the conclusion of a case brought under this | ||||||
26 | Section, the court shall seal all evidence depicting a victim |
| |||||||
| |||||||
1 | or witness that is sexually explicit. The evidence may be | ||||||
2 | unsealed and viewed, on a motion of the party seeking to unseal | ||||||
3 | and view the evidence, only for good cause shown and in the | ||||||
4 | discretion of the court. The motion must expressly set forth | ||||||
5 | the purpose for viewing the material. The State's attorney and | ||||||
6 | the victim, if possible, shall be provided reasonable notice | ||||||
7 | of the hearing on the motion to unseal the evidence. Any person | ||||||
8 | entitled to notice of a hearing under this subsection (e-5) | ||||||
9 | may object to the motion. | ||||||
10 | (f) Definitions. For the purposes of this Section: | ||||||
11 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
12 | exchange or transfer possession, whether with or without | ||||||
13 | consideration or (ii) to make a depiction by computer | ||||||
14 | available for distribution or downloading through the | ||||||
15 | facilities of any telecommunications network or through | ||||||
16 | any other means of transferring computer programs or data | ||||||
17 | to a computer. | ||||||
18 | (2) "Produce" means to direct, promote, advertise, | ||||||
19 | publish, manufacture, issue, present or show. | ||||||
20 | (3) "Reproduce" means to make a duplication or copy. | ||||||
21 | (4) "Depict by computer" means to generate or create, | ||||||
22 | or cause to be created or generated, a computer program or | ||||||
23 | data that, after being processed by a computer either | ||||||
24 | alone or in conjunction with one or more computer | ||||||
25 | programs, results in a visual depiction on a computer | ||||||
26 | monitor, screen, or display. |
| |||||||
| |||||||
1 | (5) "Depiction by computer" means a computer program | ||||||
2 | or data that, after being processed by a computer either | ||||||
3 | alone or in conjunction with one or more computer | ||||||
4 | programs, results in a visual depiction on a computer | ||||||
5 | monitor, screen, or display. | ||||||
6 | (6) "Computer", "computer program", and "data" have | ||||||
7 | the meanings ascribed to them in Section 17.05 of this | ||||||
8 | Code. | ||||||
9 | (7) For the purposes of this Section, "child | ||||||
10 | pornography" includes a film, videotape, photograph, or | ||||||
11 | other similar visual medium or reproduction or depiction | ||||||
12 | by computer that is, or appears to be, that of a person, | ||||||
13 | either in part, or in total, under the age of 18 or a | ||||||
14 | person with a severe or profound intellectual disability, | ||||||
15 | regardless of the method by which the film, videotape, | ||||||
16 | photograph, or other similar visual medium or reproduction | ||||||
17 | or depiction by computer is created, adopted, or modified | ||||||
18 | to appear as such. "Child pornography" also includes a | ||||||
19 | film, videotape, photograph, or other similar visual | ||||||
20 | medium or reproduction or depiction by computer that is | ||||||
21 | advertised, promoted, presented, described, or distributed | ||||||
22 | in such a manner that conveys the impression that the | ||||||
23 | film, videotape, photograph, or other similar visual | ||||||
24 | medium or reproduction or depiction by computer is of a | ||||||
25 | person under the age of 18 or a person with a severe or | ||||||
26 | profound intellectual disability. "Child pornography" |
| |||||||
| |||||||
1 | includes the depiction of a part of an actual child under | ||||||
2 | the age of 18 who, by manipulation, creation, or | ||||||
3 | modification, appears to be engaged in any activity | ||||||
4 | described in subparagraphs (i) through (vii) of paragraph | ||||||
5 | (1) of subsection (a). "Child pornography" does not | ||||||
6 | include images or materials in which the creator of the | ||||||
7 | image or materials is the sole subject of the depiction. | ||||||
8 | (g) Re-enactment; findings; purposes. | ||||||
9 | (1) The General Assembly finds and declares that: | ||||||
10 | (i) Section 50-5 of Public Act 88-680, effective | ||||||
11 | January 1, 1995, contained provisions amending the | ||||||
12 | child pornography statute, Section 11-20.1 of the | ||||||
13 | Criminal Code of 1961. Section 50-5 also contained | ||||||
14 | other provisions. | ||||||
15 | (ii) In addition, Public Act 88-680 was entitled | ||||||
16 | "AN ACT to create a Safe Neighborhoods Law". (A) | ||||||
17 | Article 5 was entitled JUVENILE JUSTICE and amended | ||||||
18 | the Juvenile Court Act of 1987. (B) Article 15 was | ||||||
19 | entitled GANGS and amended various provisions of the | ||||||
20 | Criminal Code of 1961 and the Unified Code of | ||||||
21 | Corrections. (C) Article 20 was entitled ALCOHOL ABUSE | ||||||
22 | and amended various provisions of the Illinois Vehicle | ||||||
23 | Code. (D) Article 25 was entitled DRUG ABUSE and | ||||||
24 | amended the Cannabis Control Act and the Illinois | ||||||
25 | Controlled Substances Act. (E) Article 30 was entitled | ||||||
26 | FIREARMS and amended the Criminal Code of 1961 and the |
| |||||||
| |||||||
1 | Code of Criminal Procedure of 1963. (F) Article 35 | ||||||
2 | amended the Criminal Code of 1961, the Rights of Crime | ||||||
3 | Victims and Witnesses Act, and the Unified Code of | ||||||
4 | Corrections. (G) Article 40 amended the Criminal Code | ||||||
5 | of 1961 to increase the penalty for compelling | ||||||
6 | organization membership of persons. (H) Article 45 | ||||||
7 | created the Secure Residential Youth Care Facility | ||||||
8 | Licensing Act and amended the State Finance Act, the | ||||||
9 | Juvenile Court Act of 1987, the Unified Code of | ||||||
10 | Corrections, and the Private Correctional Facility | ||||||
11 | Moratorium Act. (I) Article 50 amended the WIC Vendor | ||||||
12 | Management Act, the Firearm Owners Identification Card | ||||||
13 | Act, the Juvenile Court Act of 1987, the Criminal Code | ||||||
14 | of 1961, the Wrongs to Children Act, and the Unified | ||||||
15 | Code of Corrections. | ||||||
16 | (iii) On September 22, 1998, the Third District | ||||||
17 | Appellate Court in People v. Dainty, 701 N.E. 2d 118, | ||||||
18 | ruled that Public Act 88-680 violates the single | ||||||
19 | subject clause of the Illinois Constitution (Article | ||||||
20 | IV, Section 8 (d)) and was unconstitutional in its | ||||||
21 | entirety. As of the time this amendatory Act of 1999 | ||||||
22 | was prepared, People v. Dainty was still subject to | ||||||
23 | appeal. | ||||||
24 | (iv) Child pornography is a vital concern to the | ||||||
25 | people of this State and the validity of future | ||||||
26 | prosecutions under the child pornography statute of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 is in grave doubt. | ||||||
2 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
3 | prevent or minimize any problems relating to prosecutions | ||||||
4 | for child pornography that may result from challenges to | ||||||
5 | the constitutional validity of Public Act 88-680 by | ||||||
6 | re-enacting the Section relating to child pornography that | ||||||
7 | was included in Public Act 88-680. | ||||||
8 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961, as it has been | ||||||
10 | amended. This re-enactment is intended to remove any | ||||||
11 | question as to the validity or content of that Section; it | ||||||
12 | is not intended to supersede any other Public Act that | ||||||
13 | amends the text of the Section as set forth in this | ||||||
14 | amendatory Act of 1999. The material is shown as existing | ||||||
15 | text (i.e., without underscoring) because, as of the time | ||||||
16 | this amendatory Act of 1999 was prepared, People v. Dainty | ||||||
17 | was subject to appeal to the Illinois Supreme Court. | ||||||
18 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
19 | Section 11-20.1 of the Criminal Code of 1961 relating to | ||||||
20 | child pornography that was amended by Public Act 88-680 is | ||||||
21 | not intended, and shall not be construed, to imply that | ||||||
22 | Public Act 88-680 is invalid or to limit or impair any | ||||||
23 | legal argument concerning whether those provisions were | ||||||
24 | substantially re-enacted by other Public Acts. | ||||||
25 | (Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-20.4) | ||||||
2 | Sec. 11-20.4. Obscene depiction of a purported child. | ||||||
3 | (a) In this Section: | ||||||
4 | "Indistinguishable" means that the visual | ||||||
5 | representation is such that an ordinary person viewing the | ||||||
6 | visual representation would conclude that the visual | ||||||
7 | representation is of an actual child. | ||||||
8 | "Obscene depiction" means a visual representation of | ||||||
9 | any kind, including an image, video, or computer-generated | ||||||
10 | image or video, whether made, produced, or altered by | ||||||
11 | electronic, mechanical, or other means, that: | ||||||
12 | (i) the average person, applying contemporary | ||||||
13 | adult community standards, would find that, taken as a | ||||||
14 | whole, it appeals to the prurient interest; | ||||||
15 | (ii) the average person, applying contemporary | ||||||
16 | adult community standards, would find that it depicts | ||||||
17 | or describes, in a patently offensive way, sexual acts | ||||||
18 | or sadomasochistic sexual acts, whether normal or | ||||||
19 | perverted, actual or simulated, or masturbation, | ||||||
20 | excretory functions, or lewd exhibition of the | ||||||
21 | unclothed or transparently clothed genitals, pubic | ||||||
22 | area, buttocks or, if such person is a female, the | ||||||
23 | fully or partially developed breast of the child or | ||||||
24 | other person; and | ||||||
25 | (iii) taken as a whole, it lacks serious literary, | ||||||
26 | artistic, political, or scientific value. |
| |||||||
| |||||||
1 | "Purported child" means a visual representation that | ||||||
2 | depicts an individual indistinguishable from an actual | ||||||
3 | appears to depict a child under the age of 18 but may or | ||||||
4 | may not depict an actual child under the age of 18. | ||||||
5 | (b) A person commits obscene depiction of a purported | ||||||
6 | child when, with knowledge of the nature or content thereof, | ||||||
7 | the person: | ||||||
8 | (1) receives, obtains, or accesses in any way with the | ||||||
9 | intent to view, any obscene depiction of a purported | ||||||
10 | child; or | ||||||
11 | (2) reproduces, disseminates, offers to disseminate, | ||||||
12 | exhibits, or possesses with intent to disseminate, any | ||||||
13 | obscene depiction of a purported child. | ||||||
14 | (c) A violation of paragraph (1) of subsection (b) is a | ||||||
15 | Class 3 felony, and a second or subsequent offense is a Class 2 | ||||||
16 | felony. A violation of paragraph (2) of subsection (b) is a | ||||||
17 | Class 1 felony, and a second or subsequent offense is a Class X | ||||||
18 | felony. | ||||||
19 | (d) If the age of the purported child depicted is | ||||||
20 | indistinguishable from an actual child under the age of 13, a | ||||||
21 | violation of paragraph (1) of subsection (b) is a Class 2 | ||||||
22 | felony, and a second or subsequent offense is a Class 1 felony. | ||||||
23 | If the age of the purported child depicted is | ||||||
24 | indistinguishable from an actual child under the age of 13, a | ||||||
25 | violation of paragraph (2) of subsection (b) is a Class X | ||||||
26 | felony, and a second or subsequent offense is a Class X felony |
| |||||||
| |||||||
1 | for which the person shall be sentenced to a term of | ||||||
2 | imprisonment of not less than 9 years. | ||||||
3 | (e) Nothing in this Section shall be construed to impose | ||||||
4 | liability upon the following entities solely as a result of | ||||||
5 | content or information provided by another person: | ||||||
6 | (1) an interactive computer service, as defined in 47 | ||||||
7 | U.S.C. 230(f)(2); | ||||||
8 | (2) a provider of public mobile services or private | ||||||
9 | radio services, as defined in Section 13-214 of the Public | ||||||
10 | Utilities Act; or | ||||||
11 | (3) a telecommunications network or broadband | ||||||
12 | provider. | ||||||
13 | (f) A person convicted under this Section is subject to | ||||||
14 | the forfeiture provisions in Article 124B of the Code of | ||||||
15 | Criminal Procedure of 1963. | ||||||
16 | (Source: P.A. 103-825, eff. 1-1-25 .)
| ||||||
17 | Section 25. The Bill of Rights for Children is amended by | ||||||
18 | changing Section 3 as follows:
| ||||||
19 | (725 ILCS 115/3) (from Ch. 38, par. 1353) | ||||||
20 | Sec. 3. Rights to present child impact statement. | ||||||
21 | (a) In any case where a defendant has been convicted of a | ||||||
22 | violent crime involving a child or a juvenile has been | ||||||
23 | adjudicated a delinquent for any offense defined in Sections | ||||||
24 | 11-6, 11-20.1, 11-20.1B, and 11-20.3 , and 11-20.4 and in |
| |||||||
| |||||||
1 | Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012, except | ||||||
3 | those in which both parties have agreed to the imposition of a | ||||||
4 | specific sentence, and a parent or legal guardian of the child | ||||||
5 | involved is present in the courtroom at the time of the | ||||||
6 | sentencing or the disposition hearing, the parent or legal | ||||||
7 | guardian upon his or her request shall have the right to | ||||||
8 | address the court regarding the impact which the defendant's | ||||||
9 | criminal conduct or the juvenile's delinquent conduct has had | ||||||
10 | upon the child. If the parent or legal guardian chooses to | ||||||
11 | exercise this right, the impact statement must have been | ||||||
12 | prepared in writing in conjunction with the Office of the | ||||||
13 | State's Attorney prior to the initial hearing or sentencing, | ||||||
14 | before it can be presented orally at the sentencing hearing. | ||||||
15 | The court shall consider any statements made by the parent or | ||||||
16 | legal guardian, along with all other appropriate factors in | ||||||
17 | determining the sentence of the defendant or disposition of | ||||||
18 | such juvenile. | ||||||
19 | (b) The crime victim has the right to prepare a victim | ||||||
20 | impact statement and present it to the office of the State's | ||||||
21 | Attorney at any time during the proceedings. | ||||||
22 | (c) This Section shall apply to any child victims of any | ||||||
23 | offense defined in Sections 11-1.20 through 11-1.60 or 12-13 | ||||||
24 | through 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012 during any dispositional hearing under Section 5-705 | ||||||
26 | of the Juvenile Court Act of 1987 which takes place pursuant to |
| |||||||
| |||||||
1 | an adjudication of delinquency for any such offense. | ||||||
2 | (Source: P.A. 103-825, eff. 1-1-25 .)
| ||||||
3 | Section 30. The Unified Code of Corrections is amended by | ||||||
4 | changing Sections 5-5-3 and 5-8-4 as follows:
| ||||||
5 | (730 ILCS 5/5-5-3) | ||||||
6 | Sec. 5-5-3. Disposition. | ||||||
7 | (a) (Blank). | ||||||
8 | (b) (Blank). | ||||||
9 | (c)(1) (Blank). | ||||||
10 | (2) A period of probation, a term of periodic imprisonment | ||||||
11 | or conditional discharge shall not be imposed for the | ||||||
12 | following offenses. The court shall sentence the offender to | ||||||
13 | not less than the minimum term of imprisonment set forth in | ||||||
14 | this Code for the following offenses, and may order a fine or | ||||||
15 | restitution or both in conjunction with such term of | ||||||
16 | imprisonment: | ||||||
17 | (A) First degree murder. | ||||||
18 | (B) Attempted first degree murder. | ||||||
19 | (C) A Class X felony. | ||||||
20 | (D) A violation of Section 401.1 or 407 of the | ||||||
21 | Illinois Controlled Substances Act, or a violation of | ||||||
22 | subdivision (c)(1.5) of Section 401 of that Act which | ||||||
23 | relates to more than 5 grams of a substance containing | ||||||
24 | fentanyl or an analog thereof. |
| |||||||
| |||||||
1 | (D-5) A violation of subdivision (c)(1) of Section 401 | ||||||
2 | of the Illinois Controlled Substances Act which relates to | ||||||
3 | 3 or more grams of a substance containing heroin or an | ||||||
4 | analog thereof. | ||||||
5 | (E) (Blank). | ||||||
6 | (F) A Class 1 or greater felony if the offender had | ||||||
7 | been convicted of a Class 1 or greater felony, including | ||||||
8 | any state or federal conviction for an offense that | ||||||
9 | contained, at the time it was committed, the same elements | ||||||
10 | as an offense now (the date of the offense committed after | ||||||
11 | the prior Class 1 or greater felony) classified as a Class | ||||||
12 | 1 or greater felony, within 10 years of the date on which | ||||||
13 | the offender committed the offense for which he or she is | ||||||
14 | being sentenced, except as otherwise provided in Section | ||||||
15 | 40-10 of the Substance Use Disorder Act. | ||||||
16 | (F-3) A Class 2 or greater felony sex offense or | ||||||
17 | felony firearm offense if the offender had been convicted | ||||||
18 | of a Class 2 or greater felony, including any state or | ||||||
19 | federal conviction for an offense that contained, at the | ||||||
20 | time it was committed, the same elements as an offense now | ||||||
21 | (the date of the offense committed after the prior Class 2 | ||||||
22 | or greater felony) classified as a Class 2 or greater | ||||||
23 | felony, within 10 years of the date on which the offender | ||||||
24 | committed the offense for which he or she is being | ||||||
25 | sentenced, except as otherwise provided in Section 40-10 | ||||||
26 | of the Substance Use Disorder Act. |
| |||||||
| |||||||
1 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | for which imprisonment is prescribed in those Sections. | ||||||
4 | (G) Residential burglary, except as otherwise provided | ||||||
5 | in Section 40-10 of the Substance Use Disorder Act. | ||||||
6 | (H) Criminal sexual assault. | ||||||
7 | (I) Aggravated battery of a senior citizen as | ||||||
8 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
9 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012. | ||||||
11 | (J) A forcible felony if the offense was related to | ||||||
12 | the activities of an organized gang. | ||||||
13 | Before July 1, 1994, for the purposes of this | ||||||
14 | paragraph, "organized gang" means an association of 5 or | ||||||
15 | more persons, with an established hierarchy, that | ||||||
16 | encourages members of the association to perpetrate crimes | ||||||
17 | or provides support to the members of the association who | ||||||
18 | do commit crimes. | ||||||
19 | Beginning July 1, 1994, for the purposes of this | ||||||
20 | paragraph, "organized gang" has the meaning ascribed to it | ||||||
21 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
22 | Prevention Act. | ||||||
23 | (K) Vehicular hijacking. | ||||||
24 | (L) A second or subsequent conviction for the offense | ||||||
25 | of hate crime when the underlying offense upon which the | ||||||
26 | hate crime is based is felony aggravated assault or felony |
| |||||||
| |||||||
1 | mob action. | ||||||
2 | (M) A second or subsequent conviction for the offense | ||||||
3 | of institutional vandalism if the damage to the property | ||||||
4 | exceeds $300. | ||||||
5 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
6 | subsection (a) of Section 2 of the Firearm Owners | ||||||
7 | Identification Card Act. | ||||||
8 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
10 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
11 | or (7) of subsection (a) of Section 11-20.1 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
13 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
14 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 if the victim is a household or | ||||||
16 | family member of the defendant. | ||||||
17 | (P-6) A violation of paragraph (2) of subsection (b) | ||||||
18 | of Section 11-20.4 of the Criminal Code of 2012. | ||||||
19 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
20 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012. | ||||||
22 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
23 | of 1961 or the Criminal Code of 2012. | ||||||
24 | (S) (Blank). | ||||||
25 | (T) (Blank). | ||||||
26 | (U) A second or subsequent violation of Section 6-303 |
| |||||||
| |||||||
1 | of the Illinois Vehicle Code committed while his or her | ||||||
2 | driver's license, permit, or privilege was revoked because | ||||||
3 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012, relating to the offense of | ||||||
5 | reckless homicide, or a similar provision of a law of | ||||||
6 | another state. | ||||||
7 | (V) A violation of paragraph (4) of subsection (c) of | ||||||
8 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
9 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
10 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
11 | Code of 2012 when the victim is under 13 years of age and | ||||||
12 | the defendant has previously been convicted under the laws | ||||||
13 | of this State or any other state of the offense of child | ||||||
14 | pornography, aggravated child pornography, aggravated | ||||||
15 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
16 | predatory criminal sexual assault of a child, or any of | ||||||
17 | the offenses formerly known as rape, deviate sexual | ||||||
18 | assault, indecent liberties with a child, or aggravated | ||||||
19 | indecent liberties with a child where the victim was under | ||||||
20 | the age of 18 years or an offense that is substantially | ||||||
21 | equivalent to those offenses. | ||||||
22 | (V-5) A violation of paragraph (1) of subsection (b) | ||||||
23 | of Section 11-20.4 of the Criminal Code of 2012 when the | ||||||
24 | purported child depicted is indistinguishable from an | ||||||
25 | actual child victim is under 13 years of age and the | ||||||
26 | defendant has previously been convicted under the laws of |
| |||||||
| |||||||
1 | this State or any other state of the offense of child | ||||||
2 | pornography, aggravated child pornography, aggravated | ||||||
3 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
4 | predatory criminal sexual assault of a child, or any of | ||||||
5 | the offenses formerly known as rape, deviate sexual | ||||||
6 | assault, indecent liberties with a child, or aggravated | ||||||
7 | indecent liberties with a child if the victim was under | ||||||
8 | the age of 18 years or an offense that is substantially | ||||||
9 | equivalent to those offenses. | ||||||
10 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
11 | of 1961 or the Criminal Code of 2012. | ||||||
12 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
14 | (Y) A conviction for unlawful possession of a firearm | ||||||
15 | by a street gang member when the firearm was loaded or | ||||||
16 | contained firearm ammunition. | ||||||
17 | (Z) A Class 1 felony committed while he or she was | ||||||
18 | serving a term of probation or conditional discharge for a | ||||||
19 | felony. | ||||||
20 | (AA) Theft of property exceeding $500,000 and not | ||||||
21 | exceeding $1,000,000 in value. | ||||||
22 | (BB) Laundering of criminally derived property of a | ||||||
23 | value exceeding $500,000. | ||||||
24 | (CC) Knowingly selling, offering for sale, holding for | ||||||
25 | sale, or using 2,000 or more counterfeit items or | ||||||
26 | counterfeit items having a retail value in the aggregate |
| |||||||
| |||||||
1 | of $500,000 or more. | ||||||
2 | (DD) A conviction for aggravated assault under | ||||||
3 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
5 | firearm is aimed toward the person against whom the | ||||||
6 | firearm is being used. | ||||||
7 | (EE) A conviction for a violation of paragraph (2) of | ||||||
8 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
9 | 2012. | ||||||
10 | (3) (Blank). | ||||||
11 | (4) A minimum term of imprisonment of not less than 10 | ||||||
12 | consecutive days or 30 days of community service shall be | ||||||
13 | imposed for a violation of paragraph (c) of Section 6-303 of | ||||||
14 | the Illinois Vehicle Code. | ||||||
15 | (4.1) (Blank). | ||||||
16 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
17 | this subsection (c), a minimum of 100 hours of community | ||||||
18 | service shall be imposed for a second violation of Section | ||||||
19 | 6-303 of the Illinois Vehicle Code. | ||||||
20 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
21 | hours of community service, as determined by the court, shall | ||||||
22 | be imposed for a second violation of subsection (c) of Section | ||||||
23 | 6-303 of the Illinois Vehicle Code. | ||||||
24 | (4.4) Except as provided in paragraphs (4.5), (4.6), and | ||||||
25 | (4.9) of this subsection (c), a minimum term of imprisonment | ||||||
26 | of 30 days or 300 hours of community service, as determined by |
| |||||||
| |||||||
1 | the court, shall be imposed for a third or subsequent | ||||||
2 | violation of Section 6-303 of the Illinois Vehicle Code. The | ||||||
3 | court may give credit toward the fulfillment of community | ||||||
4 | service hours for participation in activities and treatment as | ||||||
5 | determined by court services. | ||||||
6 | (4.5) A minimum term of imprisonment of 30 days shall be | ||||||
7 | imposed for a third violation of subsection (c) of Section | ||||||
8 | 6-303 of the Illinois Vehicle Code. | ||||||
9 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
10 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
11 | shall be imposed for a fourth or subsequent violation of | ||||||
12 | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | ||||||
13 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
14 | consecutive days, or 300 hours of community service, shall be | ||||||
15 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
16 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
17 | of that Section. | ||||||
18 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
19 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
21 | Section. The person's driving privileges shall be revoked for | ||||||
22 | a period of not less than 5 years from the date of his or her | ||||||
23 | release from prison. | ||||||
24 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
25 | not more than 15 years shall be imposed for a third violation | ||||||
26 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
2 | person's driving privileges shall be revoked for the remainder | ||||||
3 | of his or her life. | ||||||
4 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
5 | shall be imposed, and the person shall be eligible for an | ||||||
6 | extended term sentence, for a fourth or subsequent violation | ||||||
7 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
8 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
9 | person's driving privileges shall be revoked for the remainder | ||||||
10 | of his or her life. | ||||||
11 | (5) The court may sentence a corporation or unincorporated | ||||||
12 | association convicted of any offense to: | ||||||
13 | (A) a period of conditional discharge; | ||||||
14 | (B) a fine; | ||||||
15 | (C) make restitution to the victim under Section 5-5-6 | ||||||
16 | of this Code. | ||||||
17 | (5.1) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.2) or (5.3), a person | ||||||
19 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
20 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
21 | permit, or privileges suspended for at least 90 days but not | ||||||
22 | more than one year, if the violation resulted in damage to the | ||||||
23 | property of another person. | ||||||
24 | (5.2) In addition to any other penalties imposed, and | ||||||
25 | except as provided in paragraph (5.3), a person convicted of | ||||||
26 | violating subsection (c) of Section 11-907 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code shall have his or her driver's license, permit, | ||||||
2 | or privileges suspended for at least 180 days but not more than | ||||||
3 | 2 years, if the violation resulted in injury to another | ||||||
4 | person. | ||||||
5 | (5.3) In addition to any other penalties imposed, a person | ||||||
6 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
7 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
8 | permit, or privileges suspended for 2 years, if the violation | ||||||
9 | resulted in the death of another person. | ||||||
10 | (5.4) In addition to any other penalties imposed, a person | ||||||
11 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
12 | Code shall have his or her driver's license, permit, or | ||||||
13 | privileges suspended for 3 months and until he or she has paid | ||||||
14 | a reinstatement fee of $100. | ||||||
15 | (5.5) In addition to any other penalties imposed, a person | ||||||
16 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
17 | Code during a period in which his or her driver's license, | ||||||
18 | permit, or privileges were suspended for a previous violation | ||||||
19 | of that Section shall have his or her driver's license, | ||||||
20 | permit, or privileges suspended for an additional 6 months | ||||||
21 | after the expiration of the original 3-month suspension and | ||||||
22 | until he or she has paid a reinstatement fee of $100. | ||||||
23 | (6) (Blank). | ||||||
24 | (7) (Blank). | ||||||
25 | (8) (Blank). | ||||||
26 | (9) A defendant convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense of ritualized abuse of a child may be sentenced to a | ||||||
2 | term of natural life imprisonment. | ||||||
3 | (10) (Blank). | ||||||
4 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
5 | first offense and $2,000 for a second or subsequent offense | ||||||
6 | upon a person convicted of or placed on supervision for | ||||||
7 | battery when the individual harmed was a sports official or | ||||||
8 | coach at any level of competition and the act causing harm to | ||||||
9 | the sports official or coach occurred within an athletic | ||||||
10 | facility or within the immediate vicinity of the athletic | ||||||
11 | facility at which the sports official or coach was an active | ||||||
12 | participant of the athletic contest held at the athletic | ||||||
13 | facility. For the purposes of this paragraph (11), "sports | ||||||
14 | official" means a person at an athletic contest who enforces | ||||||
15 | the rules of the contest, such as an umpire or referee; | ||||||
16 | "athletic facility" means an indoor or outdoor playing field | ||||||
17 | or recreational area where sports activities are conducted; | ||||||
18 | and "coach" means a person recognized as a coach by the | ||||||
19 | sanctioning authority that conducted the sporting event. | ||||||
20 | (12) A person may not receive a disposition of court | ||||||
21 | supervision for a violation of Section 5-16 of the Boat | ||||||
22 | Registration and Safety Act if that person has previously | ||||||
23 | received a disposition of court supervision for a violation of | ||||||
24 | that Section. | ||||||
25 | (13) A person convicted of or placed on court supervision | ||||||
26 | for an assault or aggravated assault when the victim and the |
| |||||||
| |||||||
1 | offender are family or household members as defined in Section | ||||||
2 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
3 | of domestic battery or aggravated domestic battery may be | ||||||
4 | required to attend a Partner Abuse Intervention Program under | ||||||
5 | protocols set forth by the Illinois Department of Human | ||||||
6 | Services under such terms and conditions imposed by the court. | ||||||
7 | The costs of such classes shall be paid by the offender. | ||||||
8 | (d) In any case in which a sentence originally imposed is | ||||||
9 | vacated, the case shall be remanded to the trial court. The | ||||||
10 | trial court shall hold a hearing under Section 5-4-1 of this | ||||||
11 | Code which may include evidence of the defendant's life, moral | ||||||
12 | character and occupation during the time since the original | ||||||
13 | sentence was passed. The trial court shall then impose | ||||||
14 | sentence upon the defendant. The trial court may impose any | ||||||
15 | sentence which could have been imposed at the original trial | ||||||
16 | subject to Section 5-5-4 of this Code. If a sentence is vacated | ||||||
17 | on appeal or on collateral attack due to the failure of the | ||||||
18 | trier of fact at trial to determine beyond a reasonable doubt | ||||||
19 | the existence of a fact (other than a prior conviction) | ||||||
20 | necessary to increase the punishment for the offense beyond | ||||||
21 | the statutory maximum otherwise applicable, either the | ||||||
22 | defendant may be re-sentenced to a term within the range | ||||||
23 | otherwise provided or, if the State files notice of its | ||||||
24 | intention to again seek the extended sentence, the defendant | ||||||
25 | shall be afforded a new trial. | ||||||
26 | (e) In cases where prosecution for aggravated criminal |
| |||||||
| |||||||
1 | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
3 | of a defendant who was a family member of the victim at the | ||||||
4 | time of the commission of the offense, the court shall | ||||||
5 | consider the safety and welfare of the victim and may impose a | ||||||
6 | sentence of probation only where: | ||||||
7 | (1) the court finds (A) or (B) or both are | ||||||
8 | appropriate: | ||||||
9 | (A) the defendant is willing to undergo a court | ||||||
10 | approved counseling program for a minimum duration of | ||||||
11 | 2 years; or | ||||||
12 | (B) the defendant is willing to participate in a | ||||||
13 | court approved plan, including, but not limited to, | ||||||
14 | the defendant's: | ||||||
15 | (i) removal from the household; | ||||||
16 | (ii) restricted contact with the victim; | ||||||
17 | (iii) continued financial support of the | ||||||
18 | family; | ||||||
19 | (iv) restitution for harm done to the victim; | ||||||
20 | and | ||||||
21 | (v) compliance with any other measures that | ||||||
22 | the court may deem appropriate; and | ||||||
23 | (2) the court orders the defendant to pay for the | ||||||
24 | victim's counseling services, to the extent that the court | ||||||
25 | finds, after considering the defendant's income and | ||||||
26 | assets, that the defendant is financially capable of |
| |||||||
| |||||||
1 | paying for such services, if the victim was under 18 years | ||||||
2 | of age at the time the offense was committed and requires | ||||||
3 | counseling as a result of the offense. | ||||||
4 | Probation may be revoked or modified pursuant to Section | ||||||
5 | 5-6-4; except where the court determines at the hearing that | ||||||
6 | the defendant violated a condition of his or her probation | ||||||
7 | restricting contact with the victim or other family members or | ||||||
8 | commits another offense with the victim or other family | ||||||
9 | members, the court shall revoke the defendant's probation and | ||||||
10 | impose a term of imprisonment. | ||||||
11 | For the purposes of this Section, "family member" and | ||||||
12 | "victim" shall have the meanings ascribed to them in Section | ||||||
13 | 11-0.1 of the Criminal Code of 2012. | ||||||
14 | (f) (Blank). | ||||||
15 | (g) Whenever a defendant is convicted of an offense under | ||||||
16 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | ||||||
17 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
18 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
19 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, | ||||||
20 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012, the defendant shall undergo medical | ||||||
22 | testing to determine whether the defendant has any sexually | ||||||
23 | transmissible disease, including a test for infection with | ||||||
24 | human immunodeficiency virus (HIV) or any other identified | ||||||
25 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
26 | Any such medical test shall be performed only by appropriately |
| |||||||
| |||||||
1 | licensed medical practitioners and may include an analysis of | ||||||
2 | any bodily fluids as well as an examination of the defendant's | ||||||
3 | person. Except as otherwise provided by law, the results of | ||||||
4 | such test shall be kept strictly confidential by all medical | ||||||
5 | personnel involved in the testing and must be personally | ||||||
6 | delivered in a sealed envelope to the judge of the court in | ||||||
7 | which the conviction was entered for the judge's inspection in | ||||||
8 | camera. Acting in accordance with the best interests of the | ||||||
9 | victim and the public, the judge shall have the discretion to | ||||||
10 | determine to whom, if anyone, the results of the testing may be | ||||||
11 | revealed. The court shall notify the defendant of the test | ||||||
12 | results. The court shall also notify the victim if requested | ||||||
13 | by the victim, and if the victim is under the age of 15 and if | ||||||
14 | requested by the victim's parents or legal guardian, the court | ||||||
15 | shall notify the victim's parents or legal guardian of the | ||||||
16 | test results. The court shall provide information on the | ||||||
17 | availability of HIV testing and counseling at Department of | ||||||
18 | Public Health facilities to all parties to whom the results of | ||||||
19 | the testing are revealed and shall direct the State's Attorney | ||||||
20 | to provide the information to the victim when possible. The | ||||||
21 | court shall order that the cost of any such test shall be paid | ||||||
22 | by the county and may be taxed as costs against the convicted | ||||||
23 | defendant. | ||||||
24 | (g-5) When an inmate is tested for an airborne | ||||||
25 | communicable disease, as determined by the Illinois Department | ||||||
26 | of Public Health, including, but not limited to, tuberculosis, |
| |||||||
| |||||||
1 | the results of the test shall be personally delivered by the | ||||||
2 | warden or his or her designee in a sealed envelope to the judge | ||||||
3 | of the court in which the inmate must appear for the judge's | ||||||
4 | inspection in camera if requested by the judge. Acting in | ||||||
5 | accordance with the best interests of those in the courtroom, | ||||||
6 | the judge shall have the discretion to determine what if any | ||||||
7 | precautions need to be taken to prevent transmission of the | ||||||
8 | disease in the courtroom. | ||||||
9 | (h) Whenever a defendant is convicted of an offense under | ||||||
10 | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | ||||||
11 | defendant shall undergo medical testing to determine whether | ||||||
12 | the defendant has been exposed to human immunodeficiency virus | ||||||
13 | (HIV) or any other identified causative agent of acquired | ||||||
14 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
15 | by law, the results of such test shall be kept strictly | ||||||
16 | confidential by all medical personnel involved in the testing | ||||||
17 | and must be personally delivered in a sealed envelope to the | ||||||
18 | judge of the court in which the conviction was entered for the | ||||||
19 | judge's inspection in camera. Acting in accordance with the | ||||||
20 | best interests of the public, the judge shall have the | ||||||
21 | discretion to determine to whom, if anyone, the results of the | ||||||
22 | testing may be revealed. The court shall notify the defendant | ||||||
23 | of a positive test showing an infection with the human | ||||||
24 | immunodeficiency virus (HIV). The court shall provide | ||||||
25 | information on the availability of HIV testing and counseling | ||||||
26 | at Department of Public Health facilities to all parties to |
| |||||||
| |||||||
1 | whom the results of the testing are revealed and shall direct | ||||||
2 | the State's Attorney to provide the information to the victim | ||||||
3 | when possible. The court shall order that the cost of any such | ||||||
4 | test shall be paid by the county and may be taxed as costs | ||||||
5 | against the convicted defendant. | ||||||
6 | (i) All fines and penalties imposed under this Section for | ||||||
7 | any violation of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
8 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
9 | any violation of the Child Passenger Protection Act, or a | ||||||
10 | similar provision of a local ordinance, shall be collected and | ||||||
11 | disbursed by the circuit clerk as provided under the Criminal | ||||||
12 | and Traffic Assessment Act. | ||||||
13 | (j) In cases when prosecution for any violation of Section | ||||||
14 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, | ||||||
15 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
16 | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
17 | 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14, | ||||||
18 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, any violation of the Illinois | ||||||
20 | Controlled Substances Act, any violation of the Cannabis | ||||||
21 | Control Act, or any violation of the Methamphetamine Control | ||||||
22 | and Community Protection Act results in conviction, a | ||||||
23 | disposition of court supervision, or an order of probation | ||||||
24 | granted under Section 10 of the Cannabis Control Act, Section | ||||||
25 | 410 of the Illinois Controlled Substances Act, or Section 70 | ||||||
26 | of the Methamphetamine Control and Community Protection Act of |
| |||||||
| |||||||
1 | a defendant, the court shall determine whether the defendant | ||||||
2 | is employed by a facility or center as defined under the Child | ||||||
3 | Care Act of 1969, a public or private elementary or secondary | ||||||
4 | school, or otherwise works with children under 18 years of age | ||||||
5 | on a daily basis. When a defendant is so employed, the court | ||||||
6 | shall order the Clerk of the Court to send a copy of the | ||||||
7 | judgment of conviction or order of supervision or probation to | ||||||
8 | the defendant's employer by certified mail. If the employer of | ||||||
9 | the defendant is a school, the Clerk of the Court shall direct | ||||||
10 | the mailing of a copy of the judgment of conviction or order of | ||||||
11 | supervision or probation to the appropriate regional | ||||||
12 | superintendent of schools. The regional superintendent of | ||||||
13 | schools shall notify the State Board of Education of any | ||||||
14 | notification under this subsection. | ||||||
15 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
16 | of a felony and who has not been previously convicted of a | ||||||
17 | misdemeanor or felony and who is sentenced to a term of | ||||||
18 | imprisonment in the Illinois Department of Corrections shall | ||||||
19 | as a condition of his or her sentence be required by the court | ||||||
20 | to attend educational courses designed to prepare the | ||||||
21 | defendant for a high school diploma and to work toward a high | ||||||
22 | school diploma or to work toward passing high school | ||||||
23 | equivalency testing or to work toward completing a vocational | ||||||
24 | training program offered by the Department of Corrections. If | ||||||
25 | a defendant fails to complete the educational training | ||||||
26 | required by his or her sentence during the term of |
| |||||||
| |||||||
1 | incarceration, the Prisoner Review Board shall, as a condition | ||||||
2 | of mandatory supervised release, require the defendant, at his | ||||||
3 | or her own expense, to pursue a course of study toward a high | ||||||
4 | school diploma or passage of high school equivalency testing. | ||||||
5 | The Prisoner Review Board shall revoke the mandatory | ||||||
6 | supervised release of a defendant who wilfully fails to comply | ||||||
7 | with this subsection (j-5) upon his or her release from | ||||||
8 | confinement in a penal institution while serving a mandatory | ||||||
9 | supervised release term; however, the inability of the | ||||||
10 | defendant after making a good faith effort to obtain financial | ||||||
11 | aid or pay for the educational training shall not be deemed a | ||||||
12 | wilful failure to comply. The Prisoner Review Board shall | ||||||
13 | recommit the defendant whose mandatory supervised release term | ||||||
14 | has been revoked under this subsection (j-5) as provided in | ||||||
15 | Section 3-3-9. This subsection (j-5) does not apply to a | ||||||
16 | defendant who has a high school diploma or has successfully | ||||||
17 | passed high school equivalency testing. This subsection (j-5) | ||||||
18 | does not apply to a defendant who is determined by the court to | ||||||
19 | be a person with a developmental disability or otherwise | ||||||
20 | mentally incapable of completing the educational or vocational | ||||||
21 | program. | ||||||
22 | (k) (Blank). | ||||||
23 | (l)(A) Except as provided in paragraph (C) of subsection | ||||||
24 | (l), whenever a defendant, who is not a citizen or national of | ||||||
25 | the United States, is convicted of any felony or misdemeanor | ||||||
26 | offense, the court after sentencing the defendant may, upon |
| |||||||
| |||||||
1 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
2 | remand the defendant to the custody of the Attorney General of | ||||||
3 | the United States or his or her designated agent to be deported | ||||||
4 | when: | ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant pursuant to proceedings under the | ||||||
7 | Immigration and Nationality Act, and | ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness of the defendant's conduct and | ||||||
10 | would not be inconsistent with the ends of justice. | ||||||
11 | Otherwise, the defendant shall be sentenced as provided in | ||||||
12 | this Chapter V. | ||||||
13 | (B) If the defendant has already been sentenced for a | ||||||
14 | felony or misdemeanor offense, or has been placed on probation | ||||||
15 | under Section 10 of the Cannabis Control Act, Section 410 of | ||||||
16 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
17 | Methamphetamine Control and Community Protection Act, the | ||||||
18 | court may, upon motion of the State's Attorney to suspend the | ||||||
19 | sentence imposed, commit the defendant to the custody of the | ||||||
20 | Attorney General of the United States or his or her designated | ||||||
21 | agent when: | ||||||
22 | (1) a final order of deportation has been issued | ||||||
23 | against the defendant pursuant to proceedings under the | ||||||
24 | Immigration and Nationality Act, and | ||||||
25 | (2) the deportation of the defendant would not | ||||||
26 | deprecate the seriousness of the defendant's conduct and |
| |||||||
| |||||||
1 | would not be inconsistent with the ends of justice. | ||||||
2 | (C) This subsection (l) does not apply to offenders who | ||||||
3 | are subject to the provisions of paragraph (2) of subsection | ||||||
4 | (a) of Section 3-6-3. | ||||||
5 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
6 | sentenced under this Section returns to the jurisdiction of | ||||||
7 | the United States, the defendant shall be recommitted to the | ||||||
8 | custody of the county from which he or she was sentenced. | ||||||
9 | Thereafter, the defendant shall be brought before the | ||||||
10 | sentencing court, which may impose any sentence that was | ||||||
11 | available under Section 5-5-3 at the time of initial | ||||||
12 | sentencing. In addition, the defendant shall not be eligible | ||||||
13 | for additional earned sentence credit as provided under | ||||||
14 | Section 3-6-3. | ||||||
15 | (m) A person convicted of criminal defacement of property | ||||||
16 | under Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, in which the property damage exceeds | ||||||
18 | $300 and the property damaged is a school building, shall be | ||||||
19 | ordered to perform community service that may include cleanup, | ||||||
20 | removal, or painting over the defacement. | ||||||
21 | (n) The court may sentence a person convicted of a | ||||||
22 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
23 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012 (i) to an impact | ||||||
25 | incarceration program if the person is otherwise eligible for | ||||||
26 | that program under Section 5-8-1.1, (ii) to community service, |
| |||||||
| |||||||
1 | or (iii) if the person has a substance use disorder, as defined | ||||||
2 | in the Substance Use Disorder Act, to a treatment program | ||||||
3 | licensed under that Act. | ||||||
4 | (o) Whenever a person is convicted of a sex offense as | ||||||
5 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
6 | defendant's driver's license or permit shall be subject to | ||||||
7 | renewal on an annual basis in accordance with the provisions | ||||||
8 | of license renewal established by the Secretary of State. | ||||||
9 | (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; | ||||||
10 | 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. | ||||||
11 | 1-1-24; 103-825, eff. 1-1-25 .)
| ||||||
12 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) | ||||||
13 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
14 | imprisonment. | ||||||
15 | (a) Concurrent terms; multiple or additional sentences. | ||||||
16 | When an Illinois court (i) imposes multiple sentences of | ||||||
17 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
18 | sentence of imprisonment on a defendant who is already subject | ||||||
19 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
20 | court of another state, or a federal court, then the sentences | ||||||
21 | shall run concurrently unless otherwise determined by the | ||||||
22 | Illinois court under this Section. | ||||||
23 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
24 | serving a sentence for a misdemeanor who is convicted of a | ||||||
25 | felony and sentenced to imprisonment shall be transferred to |
| |||||||
| |||||||
1 | the Department of Corrections, and the misdemeanor sentence | ||||||
2 | shall be merged in and run concurrently with the felony | ||||||
3 | sentence. | ||||||
4 | (c) Consecutive terms; permissive. The court may impose | ||||||
5 | consecutive sentences in any of the following circumstances: | ||||||
6 | (1) If, having regard to the nature and circumstances | ||||||
7 | of the offense and the history and character of the | ||||||
8 | defendant, it is the opinion of the court that consecutive | ||||||
9 | sentences are required to protect the public from further | ||||||
10 | criminal conduct by the defendant, the basis for which the | ||||||
11 | court shall set forth in the record. | ||||||
12 | (2) If one of the offenses for which a defendant was | ||||||
13 | convicted was a violation of Section 32-5.2 (aggravated | ||||||
14 | false personation of a peace officer) of the Criminal Code | ||||||
15 | of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
16 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
18 | offense was committed in attempting or committing a | ||||||
19 | forcible felony. | ||||||
20 | (3) If a person charged with a felony commits a | ||||||
21 | separate felony while on pretrial release or in pretrial | ||||||
22 | detention in a county jail facility or county detention | ||||||
23 | facility, then the sentences imposed upon conviction of | ||||||
24 | these felonies may be served consecutively regardless of | ||||||
25 | the order in which the judgments of conviction are | ||||||
26 | entered. |
| |||||||
| |||||||
1 | (4) If a person commits a battery against a county | ||||||
2 | correctional officer or sheriff's employee while serving a | ||||||
3 | sentence or in pretrial detention in a county jail | ||||||
4 | facility, then the sentence imposed upon conviction of the | ||||||
5 | battery may be served consecutively with the sentence | ||||||
6 | imposed upon conviction of the earlier misdemeanor or | ||||||
7 | felony, regardless of the order in which the judgments of | ||||||
8 | conviction are entered. | ||||||
9 | (5) If a person admitted to pretrial release following | ||||||
10 | conviction of a felony commits a separate felony while | ||||||
11 | released pretrial or if a person detained in a county jail | ||||||
12 | facility or county detention facility following conviction | ||||||
13 | of a felony commits a separate felony while in detention, | ||||||
14 | then any sentence following conviction of the separate | ||||||
15 | felony may be consecutive to that of the original sentence | ||||||
16 | for which the defendant was released pretrial or detained. | ||||||
17 | (6) If a person is found to be in possession of an item | ||||||
18 | of contraband, as defined in Section 31A-0.1 of the | ||||||
19 | Criminal Code of 2012, while serving a sentence in a | ||||||
20 | county jail or while in pretrial detention in a county | ||||||
21 | jail, the sentence imposed upon conviction for the offense | ||||||
22 | of possessing contraband in a penal institution may be | ||||||
23 | served consecutively to the sentence imposed for the | ||||||
24 | offense for which the person is serving a sentence in the | ||||||
25 | county jail or while in pretrial detention, regardless of | ||||||
26 | the order in which the judgments of conviction are |
| |||||||
| |||||||
1 | entered. | ||||||
2 | (7) If a person is sentenced for a violation of a | ||||||
3 | condition of pretrial release under Section 32-10 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, any | ||||||
5 | sentence imposed for that violation may be served | ||||||
6 | consecutive to the sentence imposed for the charge for | ||||||
7 | which pretrial release had been granted and with respect | ||||||
8 | to which the defendant has been convicted. | ||||||
9 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
10 | consecutive sentences in each of the following circumstances: | ||||||
11 | (1) One of the offenses for which the defendant was | ||||||
12 | convicted was first degree murder or a Class X or Class 1 | ||||||
13 | felony and the defendant inflicted severe bodily injury. | ||||||
14 | (2) The defendant was convicted of a violation of | ||||||
15 | Section 11-1.20 or 12-13 (criminal sexual assault), | ||||||
16 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
17 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
18 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
20 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
21 | 5/12-14.1). | ||||||
22 | (2.5) The defendant was convicted of a violation of | ||||||
23 | paragraph (1), (2), (3), (4), (5), or (7) of subsection | ||||||
24 | (a) of Section 11-20.1 (child pornography) or of paragraph | ||||||
25 | (1), (2), (3), (4), (5), or (7) of subsection (a) of | ||||||
26 | Section 11-20.1B or 11-20.3 (aggravated child pornography) |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
2 | or the defendant was convicted of a violation of paragraph | ||||||
3 | (6) of subsection (a) of Section 11-20.1 (child | ||||||
4 | pornography) or of paragraph (6) of subsection (a) of | ||||||
5 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | when the child depicted is under the age of 13. | ||||||
8 | (2.6) The defendant was convicted of: | ||||||
9 | (A) a violation of paragraph (2) of subsection (b) | ||||||
10 | of Section 11-20.4 of the Criminal Code of 2012; or | ||||||
11 | (B) a violation of paragraph (1) of Section | ||||||
12 | 11-20.4 of the Criminal Code of 2012 when the | ||||||
13 | purported child depicted is indistinguishable from an | ||||||
14 | actual child under the age of 13. | ||||||
15 | (3) The defendant was convicted of armed violence | ||||||
16 | based upon the predicate offense of any of the following: | ||||||
17 | solicitation of murder, solicitation of murder for hire, | ||||||
18 | heinous battery as described in Section 12-4.1 or | ||||||
19 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
20 | of a senior citizen as described in Section 12-4.6 or | ||||||
21 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
22 | assault, a violation of subsection (g) of Section 5 of the | ||||||
23 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
24 | trafficking, a violation of subsection (a) of Section 401 | ||||||
25 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
26 | 570/401), controlled substance trafficking involving a |
| |||||||
| |||||||
1 | Class X felony amount of controlled substance under | ||||||
2 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
3 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
4 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
5 | criminal drug conspiracy, or streetgang criminal drug | ||||||
6 | conspiracy. | ||||||
7 | (4) The defendant was convicted of the offense of | ||||||
8 | leaving the scene of a motor vehicle crash involving death | ||||||
9 | or personal injuries under Section 11-401 of the Illinois | ||||||
10 | Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or intoxicating compound or compounds, or | ||||||
13 | any combination thereof under Section 11-501 of the | ||||||
14 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
15 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
17 | offense described in item (A) and an offense described in | ||||||
18 | item (B). | ||||||
19 | (5) The defendant was convicted of a violation of | ||||||
20 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
21 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
23 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
24 | (5.5) The defendant was convicted of a violation of | ||||||
25 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
26 | of an offense) of the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012. | ||||||
2 | (6) If the defendant was in the custody of the | ||||||
3 | Department of Corrections at the time of the commission of | ||||||
4 | the offense, the sentence shall be served consecutive to | ||||||
5 | the sentence under which the defendant is held by the | ||||||
6 | Department of Corrections. | ||||||
7 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
8 | for escape or attempted escape shall be served consecutive | ||||||
9 | to the terms under which the offender is held by the | ||||||
10 | Department of Corrections. | ||||||
11 | (8) (Blank). | ||||||
12 | (8.5) (Blank). | ||||||
13 | (9) (Blank). | ||||||
14 | (10) (Blank). | ||||||
15 | (11) (Blank). | ||||||
16 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
17 | Illinois court has imposed a sentence of imprisonment on a | ||||||
18 | defendant and the defendant is subsequently sentenced to a | ||||||
19 | term of imprisonment by a court of another state or a federal | ||||||
20 | court, then the Illinois sentence shall run consecutively to | ||||||
21 | the sentence imposed by the court of the other state or the | ||||||
22 | federal court. That same Illinois court, however, may order | ||||||
23 | that the Illinois sentence run concurrently with the sentence | ||||||
24 | imposed by the court of the other state or the federal court, | ||||||
25 | but only if the defendant applies to that same Illinois court | ||||||
26 | within 30 days after the sentence imposed by the court of the |
| |||||||
| |||||||
1 | other state or the federal court is finalized. | ||||||
2 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
3 | The aggregate maximum and aggregate minimum of consecutive | ||||||
4 | sentences shall be determined as follows: | ||||||
5 | (1) For sentences imposed under law in effect prior to | ||||||
6 | February 1, 1978, the aggregate maximum of consecutive | ||||||
7 | sentences shall not exceed the maximum term authorized | ||||||
8 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
9 | Chapter V for the 2 most serious felonies involved. The | ||||||
10 | aggregate minimum period of consecutive sentences shall | ||||||
11 | not exceed the highest minimum term authorized under | ||||||
12 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
13 | V for the 2 most serious felonies involved. When sentenced | ||||||
14 | only for misdemeanors, a defendant shall not be | ||||||
15 | consecutively sentenced to more than the maximum for one | ||||||
16 | Class A misdemeanor. | ||||||
17 | (2) For sentences imposed under the law in effect on | ||||||
18 | or after February 1, 1978, the aggregate of consecutive | ||||||
19 | sentences for offenses that were committed as part of a | ||||||
20 | single course of conduct during which there was no | ||||||
21 | substantial change in the nature of the criminal objective | ||||||
22 | shall not exceed the sum of the maximum terms authorized | ||||||
23 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
24 | felonies involved, but no such limitation shall apply for | ||||||
25 | offenses that were not committed as part of a single | ||||||
26 | course of conduct during which there was no substantial |
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1 | change in the nature of the criminal objective. When | ||||||
2 | sentenced only for misdemeanors, a defendant shall not be | ||||||
3 | consecutively sentenced to more than the maximum for one | ||||||
4 | Class A misdemeanor. | ||||||
5 | (g) Consecutive terms; manner served. In determining the | ||||||
6 | manner in which consecutive sentences of imprisonment, one or | ||||||
7 | more of which is for a felony, will be served, the Department | ||||||
8 | of Corrections shall treat the defendant as though he or she | ||||||
9 | had been committed for a single term subject to each of the | ||||||
10 | following: | ||||||
11 | (1) The maximum period of a term of imprisonment shall | ||||||
12 | consist of the aggregate of the maximums of the imposed | ||||||
13 | indeterminate terms, if any, plus the aggregate of the | ||||||
14 | imposed determinate sentences for felonies, plus the | ||||||
15 | aggregate of the imposed determinate sentences for | ||||||
16 | misdemeanors, subject to subsection (f) of this Section. | ||||||
17 | (2) The parole or mandatory supervised release term | ||||||
18 | shall be as provided in paragraph (e) of Section 5-4.5-50 | ||||||
19 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
20 | involved. | ||||||
21 | (3) The minimum period of imprisonment shall be the | ||||||
22 | aggregate of the minimum and determinate periods of | ||||||
23 | imprisonment imposed by the court, subject to subsection | ||||||
24 | (f) of this Section. | ||||||
25 | (4) The defendant shall be awarded credit against the | ||||||
26 | aggregate maximum term and the aggregate minimum term of |
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1 | imprisonment for all time served in an institution since | ||||||
2 | the commission of the offense or offenses and as a | ||||||
3 | consequence thereof at the rate specified in Section 3-6-3 | ||||||
4 | (730 ILCS 5/3-6-3). | ||||||
5 | (h) Notwithstanding any other provisions of this Section, | ||||||
6 | all sentences imposed by an Illinois court under this Code | ||||||
7 | shall run concurrent to any and all sentences imposed under | ||||||
8 | the Juvenile Court Act of 1987. | ||||||
9 | (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; | ||||||
10 | 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25 .)
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