Rep. Justin Slaughter
Filed: 1/5/2025
 
 
 




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1
AMENDMENT TO SENATE BILL 2655


2 AMENDMENT NO. ______. Amend Senate Bill 2655 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt 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 
 
 
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1 records received by the Experimental Organ Transplantation 
2 Procedures Board and any and all documents or other 
3 records prepared by the Experimental Organ Transplantation 
4 Procedures Board or its staff relating to applications it 
5 has received.
6  (d) Information and records held by the Department of 
7 Public Health and its authorized representatives relating 
8 to known or suspected cases of sexually transmitted 
9 infection or any information the disclosure of which is 
10 restricted under the Illinois Sexually Transmitted 
11 Infection Control Act.
12  (e) Information the disclosure of which is exempted 
13 under Section 30 of the Radon Industry Licensing Act.
14  (f) Firm performance evaluations under Section 55 of 
15 the Architectural, Engineering, and Land Surveying 
16 Qualifications Based Selection Act.
17  (g) Information the disclosure of which is restricted 
18 and exempted under Section 50 of the Illinois Prepaid 
19 Tuition Act.
20  (h) Information the disclosure of which is exempted 
21 under the State Officials and Employees Ethics Act, and 
22 records of any lawfully created State or local inspector 
23 general's office that would be exempt if created or 
24 obtained by an Executive Inspector General's office under 
25 that Act.
26  (i) Information contained in a local emergency energy 
 
 
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1 plan submitted to a municipality in accordance with a 
2 local emergency energy plan ordinance that is adopted 
3 under Section 11-21.5-5 of the Illinois Municipal Code.
4  (j) Information and data concerning the distribution 
5 of surcharge moneys collected and remitted by carriers 
6 under the Emergency Telephone System Act.
7  (k) Law enforcement officer identification information 
8 or driver identification information compiled by a law 
9 enforcement agency or the Department of Transportation 
10 under Section 11-212 of the Illinois Vehicle Code.
11  (l) Records and information provided to a residential 
12 health care facility resident sexual assault and death 
13 review team or the Executive Council under the Abuse 
14 Prevention Review Team Act.
15  (m) Information provided to the predatory lending 
16 database created pursuant to Article 3 of the Residential 
17 Real Property Disclosure Act, except to the extent 
18 authorized under that Article.
19  (n) Defense budgets and petitions for certification of 
20 compensation and expenses for court appointed trial 
21 counsel as provided under Sections 10 and 15 of the 
22 Capital Crimes Litigation Act (repealed). This subsection 
23 (n) shall apply until the conclusion of the trial of the 
24 case, even if the prosecution chooses not to pursue the 
25 death penalty prior to trial or sentencing.
26  (o) Information that is prohibited from being 
 
 
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1 disclosed under Section 4 of the Illinois Health and 
2 Hazardous Substances Registry Act.
3  (p) Security portions of system safety program plans, 
4 investigation reports, surveys, schedules, lists, data, or 
5 information compiled, collected, or prepared by or for the 
6 Department of Transportation under Sections 2705-300 and 
7 2705-616 of the Department of Transportation Law of the 
8 Civil Administrative Code of Illinois, the Regional 
9 Transportation Authority under Section 2.11 of the 
10 Regional Transportation Authority Act, or the St. Clair 
11 County Transit District under the Bi-State Transit Safety 
12 Act (repealed). 
13  (q) Information prohibited from being disclosed by the 
14 Personnel Record Review Act. 
15  (r) Information prohibited from being disclosed by the 
16 Illinois School Student Records Act. 
17  (s) Information the disclosure of which is restricted 
18 under Section 5-108 of the Public Utilities Act. 
19  (t) (Blank). 
20  (u) Records and information provided to an independent 
21 team of experts under the Developmental Disability and 
22 Mental Health Safety Act (also known as Brian's Law). 
23  (v) Names and information of people who have applied 
24 for or received Firearm Owner's Identification Cards under 
25 the Firearm Owners Identification Card Act or applied for 
26 or received a concealed carry license under the Firearm 
 
 
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1 Concealed Carry Act, unless otherwise authorized by the 
2 Firearm Concealed Carry Act; and databases under the 
3 Firearm Concealed Carry Act, records of the Concealed 
4 Carry Licensing Review Board under the Firearm Concealed 
5 Carry Act, and law enforcement agency objections under the 
6 Firearm Concealed Carry Act. 
7  (v-5) Records of the Firearm Owner's Identification 
8 Card Review Board that are exempted from disclosure under 
9 Section 10 of the Firearm Owners Identification Card Act.
10  (w) Personally identifiable information which is 
11 exempted from disclosure under subsection (g) of Section 
12 19.1 of the Toll Highway Act.
13  (x) Information which is exempted from disclosure 
14 under Section 5-1014.3 of the Counties Code or Section 
15 8-11-21 of the Illinois Municipal Code. 
16  (y) Confidential information under the Adult 
17 Protective Services Act and its predecessor enabling 
18 statute, the Elder Abuse and Neglect Act, including 
19 information about the identity and administrative finding 
20 against any caregiver of a verified and substantiated 
21 decision of abuse, neglect, or financial exploitation of 
22 an eligible adult maintained in the Registry established 
23 under Section 7.5 of the Adult Protective Services Act. 
24  (z) Records and information provided to a fatality 
25 review team or the Illinois Fatality Review Team Advisory 
26 Council under Section 15 of the Adult Protective Services 
 
 
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1 Act. 
2  (aa) Information which is exempted from disclosure 
3 under Section 2.37 of the Wildlife Code. 
4  (bb) Information which is or was prohibited from 
5 disclosure by the Juvenile Court Act of 1987. 
6  (cc) Recordings made under the Law Enforcement 
7 Officer-Worn Body Camera Act, except to the extent 
8 authorized under that Act.
9  (dd) Information that is prohibited from being 
10 disclosed under Section 45 of the Condominium and Common 
11 Interest Community Ombudsperson Act. 
12  (ee) Information that is exempted from disclosure 
13 under Section 30.1 of the Pharmacy Practice Act. 
14  (ff) Information that is exempted from disclosure 
15 under the Revised Uniform Unclaimed Property Act. 
16  (gg) Information that is prohibited from being 
17 disclosed under Section 7-603.5 of the Illinois Vehicle 
18 Code. 
19  (hh) Records that are exempt from disclosure under 
20 Section 1A-16.7 of the Election Code. 
21  (ii) Information which is exempted from disclosure 
22 under Section 2505-800 of the Department of Revenue Law of 
23 the Civil Administrative Code of Illinois. 
24  (jj) Information and reports that are required to be 
25 submitted to the Department of Labor by registering day 
26 and temporary labor service agencies but are exempt from 
 
 
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1 disclosure under subsection (a-1) of Section 45 of the Day 
2 and Temporary Labor Services Act. 
3  (kk) Information prohibited from disclosure under the 
4 Seizure and Forfeiture Reporting Act. 
5  (ll) Information the disclosure of which is restricted 
6 and exempted under Section 5-30.8 of the Illinois Public 
7 Aid Code. 
8  (mm) Records that are exempt from disclosure under 
9 Section 4.2 of the Crime Victims Compensation Act. 
10  (nn) Information that is exempt from disclosure under 
11 Section 70 of the Higher Education Student Assistance Act. 
12  (oo) Communications, notes, records, and reports 
13 arising out of a peer support counseling session 
14 prohibited from disclosure under the First Responders 
15 Suicide Prevention Act. 
16  (pp) Names and all identifying information relating to 
17 an employee of an emergency services provider or law 
18 enforcement agency under the First Responders Suicide 
19 Prevention Act. 
20  (qq) Information and records held by the Department of 
21 Public Health and its authorized representatives collected 
22 under the Reproductive Health Act. 
23  (rr) Information that is exempt from disclosure under 
24 the Cannabis Regulation and Tax Act. 
25  (ss) Data reported by an employer to the Department of 
26 Human Rights pursuant to Section 2-108 of the Illinois 
 
 
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1 Human Rights Act.
2  (tt) Recordings made under the Children's Advocacy 
3 Center Act, except to the extent authorized under that 
4 Act. 
5  (uu) Information that is exempt from disclosure under 
6 Section 50 of the Sexual Assault Evidence Submission Act. 
7  (vv) Information that is exempt from disclosure under 
8 subsections (f) and (j) of Section 5-36 of the Illinois 
9 Public Aid Code. 
10  (ww) Information that is exempt from disclosure under 
11 Section 16.8 of the State Treasurer Act. 
12  (xx) Information that is exempt from disclosure or 
13 information that shall not be made public under the 
14 Illinois Insurance Code. 
15  (yy) Information prohibited from being disclosed under 
16 the Illinois Educational Labor Relations Act.
17  (zz) Information prohibited from being disclosed under 
18 the Illinois Public Labor Relations Act. 
19  (aaa) Information prohibited from being disclosed 
20 under Section 1-167 of the Illinois Pension Code. 
21  (bbb) Information that is prohibited from disclosure 
22 by the Illinois Police Training Act and the Illinois State 
23 Police Act. 
24  (ccc) Records exempt from disclosure under Section 
25 2605-304 of the Illinois State Police Law of the Civil 
26 Administrative Code of Illinois. 
 
 
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1  (ddd) Information prohibited from being disclosed 
2 under Section 35 of the Address Confidentiality for 
3 Victims of Domestic Violence, Sexual Assault, Human 
4 Trafficking, or Stalking Act. 
5  (eee) Information prohibited from being disclosed 
6 under subsection (b) of Section 75 of the Domestic 
7 Violence Fatality Review Act. 
8  (fff) Images from cameras under the Expressway Camera 
9 Act. This subsection (fff) is inoperative on and after 
10 July 1, 2025. 
11  (ggg) Information prohibited from disclosure under 
12 paragraph (3) of subsection (a) of Section 14 of the Nurse 
13 Agency Licensing Act. 
14  (hhh) Information submitted to the Illinois State 
15 Police in an affidavit or application for an assault 
16 weapon endorsement, assault weapon attachment endorsement, 
17 .50 caliber rifle endorsement, or .50 caliber cartridge 
18 endorsement under the Firearm Owners Identification Card 
19 Act. 
20  (iii) Data exempt from disclosure under Section 50 of 
21 the School Safety Drill Act. 
22  (jjj) Information exempt from disclosure under Section 
23 30 of the Insurance Data Security Law. 
24  (kkk) Confidential business information prohibited 
25 from disclosure under Section 45 of the Paint Stewardship 
26 Act. 
 
 
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1  (lll) Data exempt from disclosure under Section 
2 2-3.196 of the School Code. 
3  (mmm) Information prohibited from being disclosed 
4 under subsection (e) of Section 1-129 of the Illinois 
5 Power Agency Act. 
6  (nnn) Materials received by the Department of Commerce 
7 and Economic Opportunity that are confidential under the 
8 Music and Musicians Tax Credit and Jobs Act. 
9  (ooo) (nnn) Data or information provided pursuant to 
10 Section 20 of the Statewide Recycling Needs and Assessment 
11 Act. 
12  (ppp) (nnn) Information that is exempt from disclosure 
13 under Section 28-11 of the Lawful Health Care Activity 
14 Act. 
15  (qqq) (nnn) Information that is exempt from disclosure 
16 under Section 7-101 of the Illinois Human Rights Act. 
17  (rrr) (mmm) Information prohibited from being 
18 disclosed under Section 4-2 of the Uniform Money 
19 Transmission Modernization Act. 
20  (sss) (nnn) Information exempt from disclosure under 
21 Section 40 of the Student-Athlete Endorsement Rights Act.
22  (ttt) Audio recordings made under Section 30 of the 
23 Illinois State Police Act, except to the extent authorized 
24 under that Section. 
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
 
 
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18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
5103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
67-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 
7eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 
8103-1049, eff. 8-9-24; revised 11-26-24.)

9 Section 10. The Illinois State Police Act is amended by 
10changing Section 30 as follows:

11 (20 ILCS 2610/30)
12 Sec. 30. Patrol vehicles with in-car video recording 
13cameras.
14 (a) Definitions. As used in this Section:
15  "Audio recording" means the recorded conversation 
16 between an officer and a second party.
17  "Emergency lights" means oscillating, rotating, or 
18 flashing lights on patrol vehicles.
19  "In-car video camera" means a video camera located in 
20 an Illinois State Police patrol vehicle.
21  "In-car video camera recording equipment" means a 
22 video camera recording system located in an Illinois State 
23 Police patrol vehicle consisting of a camera assembly, 
24 recording mechanism, and an in-car video recording medium.
 
 
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1  "Enforcement stop" means an action by an officer of 
2 the Illinois State Police in relation to enforcement and 
3 investigation duties, including but not limited to, 
4 traffic stops, pedestrian stops, abandoned vehicle 
5 contacts, motorist assists, commercial motor vehicle 
6 stops, roadside safety checks, requests for 
7 identification, or responses to requests for emergency 
8 assistance.
9  "Recording" means the process of capturing data or 
10 information stored on a recording medium as required under 
11 this Section.
12  "Recording medium" means any recording medium 
13 authorized by the Illinois State Police for the retention 
14 and playback of recorded audio and video including, but 
15 not limited to, VHS, DVD, hard drive, solid state, 
16 digital, or flash memory technology.
17  "Wireless microphone" means a device worn by the 
18 officer or any other equipment used to record 
19 conversations between the officer and a second party and 
20 transmitted to the recording equipment. "Wireless 
21 microphone" includes a body-worn camera that is capable of 
22 recording audio.
23 (b) By June 1, 2009, the Illinois State Police shall 
24install in-car video camera recording equipment in all patrol 
25vehicles. Subject to appropriation, all patrol vehicles shall 
26be equipped with in-car video camera recording equipment with 
 
 
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1a recording medium capable of recording for a period of 10 
2hours or more by June 1, 2011. In-car video camera recording 
3equipment shall be capable of making audio recordings with the 
4assistance of a wireless microphone.
5 (c) As of the effective date of this amendatory Act of the 
695th General Assembly, in-car video camera recording equipment 
7with a recording medium incapable of recording for a period of 
810 hours or more shall record activities outside a patrol 
9vehicle whenever (i) an officer assigned a patrol vehicle is 
10conducting an enforcement stop; (ii) patrol vehicle emergency 
11lights are activated or would otherwise be activated if not 
12for the need to conceal the presence of law enforcement; or 
13(iii) an officer reasonably believes recording may assist with 
14prosecution, enhance safety, or for any other lawful purpose. 
15As of the effective date of this amendatory Act of the 95th 
16General Assembly, in-car video camera recording equipment with 
17a recording medium incapable of recording for a period of 10 
18hours or more shall record activities inside the vehicle when 
19transporting an arrestee or when an officer reasonably 
20believes recording may assist with prosecution, enhance 
21safety, or for any other lawful purpose.
22  (1) Recording for an enforcement stop shall begin when 
23 the officer determines an enforcement stop is necessary 
24 and shall continue until the enforcement action has been 
25 completed and the subject of the enforcement stop or the 
26 officer has left the scene.
 
 
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1  (2) Recording shall begin when patrol vehicle 
2 emergency lights are activated or when they would 
3 otherwise be activated if not for the need to conceal the 
4 presence of law enforcement, and shall continue until the 
5 reason for the activation ceases to exist, regardless of 
6 whether the emergency lights are no longer activated.
7  (3) An officer may begin recording if the officer 
8 reasonably believes recording may assist with prosecution, 
9 enhance safety, or for any other lawful purpose; and shall 
10 continue until the reason for recording ceases to exist.
11  (4) If an officer's officer-worn body camera is turned 
12 off at the request of a victim or witness of a crime in 
13 accordance with paragraph (4) of subsection (a) of Section 
14 10-20 of the Law Enforcement Officer-Worn Body Camera Act, 
15 then the officer shall inform the victim or witness that 
16 the in-car video recording will continue recording video.
17 (d) In-car video camera recording equipment with a 
18recording medium capable of recording for a period of 10 hours 
19or more shall record activities whenever a patrol vehicle is 
20assigned to patrol duty.
21 (e) Any enforcement stop resulting from a suspected 
22violation of the Illinois Vehicle Code shall be video and 
23audio recorded. Audio recording shall terminate upon release 
24of the violator and prior to initiating a separate criminal 
25investigation.
26 (f) Recordings made on in-car video camera recording 
 
 
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1medium shall be retained by the Illinois State Police in the 
2same manner and for the same time periods as recordings made on 
3officer-worn cameras under Section 10-20 of the Law 
4Enforcement Officer-Worn Body Camera Act for a storage period 
5of at least 90 days. Under no circumstances shall any 
6recording made on in-car video camera recording medium be 
7altered or erased prior to the expiration of the designated 
8storage period. Upon completion of the storage period, the 
9recording medium may be erased and reissued for operational 
10use unless otherwise ordered by the District Commander or his 
11or her designee or by a court, or if designated for evidentiary 
12or training purposes.
13 (g) Video Audio or video recordings made under pursuant to 
14this Section shall be available under the applicable 
15provisions of the Freedom of Information Act. Only recorded 
16portions of the audio recording or video recording medium 
17applicable to the request will be available for inspection or 
18copying.
19 (g-5) Audio recordings made under this Section shall be 
20available in the same manner as recordings made with an 
21officer-worn body camera under subsection (b) of Section 10-20 
22of the Law Enforcement Officer-Worn Body Camera Act.
23 (h) The Illinois State Police shall ensure proper care and 
24maintenance of in-car video camera recording equipment and 
25recording medium. An officer operating a patrol vehicle must 
26immediately document and notify the District Commander or his 
 
 
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1or her designee of any technical difficulties, failures, or 
2problems with the in-car video camera recording equipment or 
3recording medium. Upon receiving notice, the District 
4Commander or his or her designee shall make every reasonable 
5effort to correct and repair any of the in-car video camera 
6recording equipment or recording medium and determine if it is 
7in the public interest to permit the use of the patrol vehicle.
8 (i) The Illinois State Police may promulgate rules to 
9implement this amendatory Act of the 95th General Assembly 
10only to the extent necessary to apply the existing rules or 
11applicable internal directives.
12(Source: P.A. 102-538, eff. 8-20-21.)

13 Section 15. The Law Enforcement Camera Grant Act is 
14amended by changing Section 15 as follows:

15 (50 ILCS 707/15)
16 Sec. 15. Rules; in-car video camera grants.
17 (a) The Board shall develop model rules for the use of 
18in-car video cameras to be adopted by law enforcement agencies 
19that receive grants under Section 10 of this Act. The rules 
20shall include all of the following requirements:
21  (1) Cameras must be installed in the law enforcement 
22 agency vehicles.
23  (2) Video recording must provide audio of the officer 
24 when the officer is outside of the vehicle.
 
 
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1  (3) Camera access must be restricted to the 
2 supervisors of the officer in the vehicle.
3  (4) Cameras must be turned on continuously throughout 
4 the officer's shift.
5  (5) A copy of the video record must be made available 
6 upon request to personnel of the law enforcement agency, 
7 the local State's Attorney, and any persons depicted in 
8 the video. Procedures for distribution of the video record 
9 must include safeguards to protect the identities of 
10 individuals who are not a party to the requested stop.
11  (6) Law enforcement agencies that receive moneys under 
12 this grant shall provide for storage of the video records 
13 for a period of not less than 2 years.
14 (b) Each law enforcement agency receiving a grant for 
15in-car video cameras under Section 10 of this Act must provide 
16an annual report to the Board, the Governor, and the General 
17Assembly on or before May 1 of the year following the receipt 
18of the grant and by each May 1 thereafter during the period of 
19the grant. The report shall include the following:
20  (1) the number of cameras received by the law 
21 enforcement agency;
22  (2) the number of cameras actually installed in law 
23 enforcement agency vehicles;
24  (3) a brief description of the review process used by 
25 supervisors within the law enforcement agency;
26  (4) a list of any criminal, traffic, ordinance, and 
 
 
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1 civil cases in which in-car video recordings were used, 
2 including party names, case numbers, offenses charged, and 
3 disposition of the matter. Proceedings to which this 
4 paragraph (4) applies include, but are not limited to, 
5 court proceedings, coroner's inquests, grand jury 
6 proceedings, and plea bargains; and
7  (5) any other information relevant to the 
8 administration of the program.
9(Source: P.A. 99-352, eff. 1-1-16.)

10 Section 20. The Criminal Code of 2012 is amended by 
11changing Sections 11-20.1 and 11-20.4 as follows:

12 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
13 Sec. 11-20.1. Child pornography. 
14 (a) A person commits child pornography who:
15  (1) films, videotapes, photographs, or otherwise 
16 depicts or portrays by means of any similar visual medium 
17 or reproduction or depicts by computer any child whom he 
18 or she knows or reasonably should know to be under the age 
19 of 18 or any person with a severe or profound intellectual 
20 disability where such child or person with a severe or 
21 profound intellectual disability is:
22   (i) actually or by simulation engaged in any act 
23 of sexual penetration or sexual conduct with any 
24 person or animal; or
 
 
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1   (ii) actually or by simulation engaged in any act 
2 of sexual penetration or sexual conduct involving the 
3 sex organs of the child or person with a severe or 
4 profound intellectual disability and the mouth, anus, 
5 or sex organs of another person or animal; or which 
6 involves the mouth, anus or sex organs of the child or 
7 person with a severe or profound intellectual 
8 disability and the sex organs of another person or 
9 animal; or
10   (iii) actually or by simulation engaged in any act 
11 of masturbation; or
12   (iv) actually or by simulation portrayed as being 
13 the object of, or otherwise engaged in, any act of lewd 
14 fondling, touching, or caressing involving another 
15 person or animal; or
16   (v) actually or by simulation engaged in any act 
17 of excretion or urination within a sexual context; or
18   (vi) actually or by simulation portrayed or 
19 depicted as bound, fettered, or subject to sadistic, 
20 masochistic, or sadomasochistic abuse in any sexual 
21 context; or
22   (vii) depicted or portrayed in any pose, posture 
23 or setting involving a lewd exhibition of the 
24 unclothed or transparently clothed genitals, pubic 
25 area, buttocks, or, if such person is female, a fully 
26 or partially developed breast of the child or other 
 
 
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1 person; or
2  (2) with the knowledge of the nature or content 
3 thereof, reproduces, disseminates, offers to disseminate, 
4 exhibits or possesses with intent to disseminate any film, 
5 videotape, photograph or other similar visual reproduction 
6 or depiction by computer of any child or person with a 
7 severe or profound intellectual disability whom the person 
8 knows or reasonably should know to be under the age of 18 
9 or to be a person with a severe or profound intellectual 
10 disability, engaged in any activity described in 
11 subparagraphs (i) through (vii) of paragraph (1) of this 
12 subsection; or
13  (3) with knowledge of the subject matter or theme 
14 thereof, produces any stage play, live performance, film, 
15 videotape or other similar visual portrayal or depiction 
16 by computer which includes a child whom the person knows 
17 or reasonably should know to be under the age of 18 or a 
18 person with a severe or profound intellectual disability 
19 engaged in any activity described in subparagraphs (i) 
20 through (vii) of paragraph (1) of this subsection; or
21  (4) solicits, uses, persuades, induces, entices, or 
22 coerces any child whom he or she knows or reasonably 
23 should know to be under the age of 18 or a person with a 
24 severe or profound intellectual disability to appear in 
25 any stage play, live presentation, film, videotape, 
26 photograph or other similar visual reproduction or 
 
 
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1 depiction by computer in which the child or person with a 
2 severe or profound intellectual disability is or will be 
3 depicted, actually or by simulation, in any act, pose or 
4 setting described in subparagraphs (i) through (vii) of 
5 paragraph (1) of this subsection; or
6  (5) is a parent, step-parent, legal guardian or other 
7 person having care or custody of a child whom the person 
8 knows or reasonably should know to be under the age of 18 
9 or a person with a severe or profound intellectual 
10 disability and who knowingly permits, induces, promotes, 
11 or arranges for such child or person with a severe or 
12 profound intellectual disability to appear in any stage 
13 play, live performance, film, videotape, photograph or 
14 other similar visual presentation, portrayal or simulation 
15 or depiction by computer of any act or activity described 
16 in subparagraphs (i) through (vii) of paragraph (1) of 
17 this subsection; or
18  (6) with knowledge of the nature or content thereof, 
19 possesses any film, videotape, photograph or other similar 
20 visual reproduction or depiction by computer of any child 
21 or person with a severe or profound intellectual 
22 disability whom the person knows or reasonably should know 
23 to be under the age of 18 or to be a person with a severe 
24 or profound intellectual disability, engaged in any 
25 activity described in subparagraphs (i) through (vii) of 
26 paragraph (1) of this subsection; or
 
 
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1  (7) solicits, or knowingly uses, persuades, induces, 
2 entices, or coerces, a person to provide a child under the 
3 age of 18 or a person with a severe or profound 
4 intellectual disability to appear in any videotape, 
5 photograph, film, stage play, live presentation, or other 
6 similar visual reproduction or depiction by computer in 
7 which the child or person with a severe or profound 
8 intellectual disability will be depicted, actually or by 
9 simulation, in any act, pose, or setting described in 
10 subparagraphs (i) through (vii) of paragraph (1) of this 
11 subsection.
12 (a-5) The possession of each individual film, videotape, 
13photograph, or other similar visual reproduction or depiction 
14by computer in violation of this Section constitutes a single 
15and separate violation. This subsection (a-5) does not apply 
16to multiple copies of the same film, videotape, photograph, or 
17other similar visual reproduction or depiction by computer 
18that are identical to each other. 
19 (b)(1) It shall be an affirmative defense to a charge of 
20child pornography that the defendant reasonably believed, 
21under all of the circumstances, that the child was 18 years of 
22age or older or that the person was not a person with a severe 
23or profound intellectual disability but only where, prior to 
24the act or acts giving rise to a prosecution under this 
25Section, he or she took some affirmative action or made a 
26bonafide inquiry designed to ascertain whether the child was 
 
 
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118 years of age or older or that the person was not a person 
2with a severe or profound intellectual disability and his or 
3her reliance upon the information so obtained was clearly 
4reasonable.
5 (1.5) Telecommunications carriers, commercial mobile 
6service providers, and providers of information services, 
7including, but not limited to, Internet service providers and 
8hosting service providers, are not liable under this Section 
9by virtue of the transmission, storage, or caching of 
10electronic communications or messages of others or by virtue 
11of the provision of other related telecommunications, 
12commercial mobile services, or information services used by 
13others in violation of this Section. 
14 (2) (Blank).
15 (3) The charge of child pornography shall not apply to the 
16performance of official duties by law enforcement or 
17prosecuting officers or persons employed by law enforcement or 
18prosecuting agencies, court personnel or attorneys, nor to 
19bonafide treatment or professional education programs 
20conducted by licensed physicians, psychologists or social 
21workers. In any criminal proceeding, any property or material 
22that constitutes child pornography shall remain in the care, 
23custody, and control of either the State or the court. A motion 
24to view the evidence shall comply with subsection (e-5) of 
25this Section. 
26 (3.5) The charge of child pornography does not apply to 
 
 
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1the creator of a film, video, photograph, or other similar 
2visual image or depiction in which the creator is the sole 
3subject of the film, video, photograph, or other similar 
4visual image or depiction. 
5 (4) If the defendant possessed more than one of the same 
6film, videotape or visual reproduction or depiction by 
7computer in which child pornography is depicted, then the 
8trier of fact may infer that the defendant possessed such 
9materials with the intent to disseminate them.
10 (5) The charge of child pornography does not apply to a 
11person who does not voluntarily possess a film, videotape, or 
12visual reproduction or depiction by computer in which child 
13pornography is depicted. Possession is voluntary if the 
14defendant knowingly procures or receives a film, videotape, or 
15visual reproduction or depiction for a sufficient time to be 
16able to terminate his or her possession.
17 (6) Any violation of paragraph (1), (2), (3), (4), (5), or 
18(7) of subsection (a) that includes a child engaged in, 
19solicited for, depicted in, or posed in any act of sexual 
20penetration or bound, fettered, or subject to sadistic, 
21masochistic, or sadomasochistic abuse in a sexual context 
22shall be deemed a crime of violence. 
23 (c) If the violation does not involve a film, videotape, 
24or other moving depiction, a violation of paragraph (1), (4), 
25(5), or (7) of subsection (a) is a Class 1 felony with a 
26mandatory minimum fine of $2,000 and a maximum fine of 
 
 
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1$100,000. If the violation involves a film, videotape, or 
2other moving depiction, a violation of paragraph (1), (4), 
3(5), or (7) of subsection (a) is a Class X felony with a 
4mandatory minimum fine of $2,000 and a maximum fine of 
5$100,000. If the violation does not involve a film, videotape, 
6or other moving depiction, a violation of paragraph (3) of 
7subsection (a) is a Class 1 felony with a mandatory minimum 
8fine of $1500 and a maximum fine of $100,000. If the violation 
9involves a film, videotape, or other moving depiction, a 
10violation of paragraph (3) of subsection (a) is a Class X 
11felony with a mandatory minimum fine of $1500 and a maximum 
12fine of $100,000. If the violation does not involve a film, 
13videotape, or other moving depiction, a violation of paragraph 
14(2) of subsection (a) is a Class 1 felony with a mandatory 
15minimum fine of $1000 and a maximum fine of $100,000. If the 
16violation involves a film, videotape, or other moving 
17depiction, a violation of paragraph (2) of subsection (a) is a 
18Class X felony with a mandatory minimum fine of $1000 and a 
19maximum fine of $100,000. If the violation does not involve a 
20film, videotape, or other moving depiction, a violation of 
21paragraph (6) of subsection (a) is a Class 3 felony with a 
22mandatory minimum fine of $1000 and a maximum fine of 
23$100,000. If the violation involves a film, videotape, or 
24other moving depiction, a violation of paragraph (6) of 
25subsection (a) is a Class 2 felony with a mandatory minimum 
26fine of $1000 and a maximum fine of $100,000.
 
 
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1 (c-5) Where the child depicted is under the age of 13, a 
2violation of paragraph (1), (2), (3), (4), (5), or (7) of 
3subsection (a) is a Class X felony with a mandatory minimum 
4fine of $2,000 and a maximum fine of $100,000. Where the child 
5depicted is under the age of 13, a violation of paragraph (6) 
6of subsection (a) is a Class 2 felony with a mandatory minimum 
7fine of $1,000 and a maximum fine of $100,000. Where the child 
8depicted is under the age of 13, a person who commits a 
9violation of paragraph (1), (2), (3), (4), (5), or (7) of 
10subsection (a) where the defendant has previously been 
11convicted under the laws of this State or any other state of 
12the offense of child pornography, aggravated child 
13pornography, aggravated criminal sexual abuse, aggravated 
14criminal sexual assault, predatory criminal sexual assault of 
15a child, or any of the offenses formerly known as rape, deviate 
16sexual assault, indecent liberties with a child, or aggravated 
17indecent liberties with a child where the victim was under the 
18age of 18 years or an offense that is substantially equivalent 
19to those offenses, is guilty of a Class X felony for which the 
20person shall be sentenced to a term of imprisonment of not less 
21than 9 years with a mandatory minimum fine of $2,000 and a 
22maximum fine of $100,000. Where the child depicted is under 
23the age of 13, a person who commits a violation of paragraph 
24(6) of subsection (a) where the defendant has previously been 
25convicted under the laws of this State or any other state of 
26the offense of child pornography, aggravated child 
 
 
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1pornography, aggravated criminal sexual abuse, aggravated 
2criminal sexual assault, predatory criminal sexual assault of 
3a child, or any of the offenses formerly known as rape, deviate 
4sexual assault, indecent liberties with a child, or aggravated 
5indecent liberties with a child where the victim was under the 
6age of 18 years or an offense that is substantially equivalent 
7to those offenses, is guilty of a Class 1 felony with a 
8mandatory minimum fine of $1,000 and a maximum fine of 
9$100,000. The issue of whether the child depicted is under the 
10age of 13 is an element of the offense to be resolved by the 
11trier of fact. 
12 (d) If a person is convicted of a second or subsequent 
13violation of this Section within 10 years of a prior 
14conviction, the court shall order a presentence psychiatric 
15examination of the person. The examiner shall report to the 
16court whether treatment of the person is necessary.
17 (e) Any film, videotape, photograph or other similar 
18visual reproduction or depiction by computer which includes a 
19child under the age of 18 or a person with a severe or profound 
20intellectual disability engaged in any activity described in 
21subparagraphs (i) through (vii) or paragraph 1 of subsection 
22(a), and any material or equipment used or intended for use in 
23photographing, filming, printing, producing, reproducing, 
24manufacturing, projecting, exhibiting, depiction by computer, 
25or disseminating such material shall be seized and forfeited 
26in the manner, method and procedure provided by Section 36-1 
 
 
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1of this Code for the seizure and forfeiture of vessels, 
2vehicles and aircraft.
3 In addition, any person convicted under this Section is 
4subject to the property forfeiture provisions set forth in 
5Article 124B of the Code of Criminal Procedure of 1963. 
6 (e-5) Upon the conclusion of a case brought under this 
7Section, the court shall seal all evidence depicting a victim 
8or witness that is sexually explicit. The evidence may be 
9unsealed and viewed, on a motion of the party seeking to unseal 
10and view the evidence, only for good cause shown and in the 
11discretion of the court. The motion must expressly set forth 
12the purpose for viewing the material. The State's attorney and 
13the victim, if possible, shall be provided reasonable notice 
14of the hearing on the motion to unseal the evidence. Any person 
15entitled to notice of a hearing under this subsection (e-5) 
16may object to the motion.
17 (f) Definitions. For the purposes of this Section:
18  (1) "Disseminate" means (i) to sell, distribute, 
19 exchange or transfer possession, whether with or without 
20 consideration or (ii) to make a depiction by computer 
21 available for distribution or downloading through the 
22 facilities of any telecommunications network or through 
23 any other means of transferring computer programs or data 
24 to a computer.
25  (2) "Produce" means to direct, promote, advertise, 
26 publish, manufacture, issue, present or show.
 
 
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1  (3) "Reproduce" means to make a duplication or copy.
2  (4) "Depict by computer" means to generate or create, 
3 or cause to be created or generated, a computer program or 
4 data that, after being processed by a computer either 
5 alone or in conjunction with one or more computer 
6 programs, results in a visual depiction on a computer 
7 monitor, screen, or display.
8  (5) "Depiction by computer" means a computer program 
9 or data that, after being processed by a computer either 
10 alone or in conjunction with one or more computer 
11 programs, results in a visual depiction on a computer 
12 monitor, screen, or display.
13  (6) "Computer", "computer program", and "data" have 
14 the meanings ascribed to them in Section 17.05 of this 
15 Code.
16  (7) For the purposes of this Section, "child 
17 pornography" includes a film, videotape, photograph, or 
18 other similar visual medium or reproduction or depiction 
19 by computer that is, or appears to be, that of a person, 
20 either in part, or in total, under the age of 18 or a 
21 person with a severe or profound intellectual disability, 
22 regardless of the method by which the film, videotape, 
23 photograph, or other similar visual medium or reproduction 
24 or depiction by computer is created, adopted, or modified 
25 to appear as such. "Child pornography" also includes a 
26 film, videotape, photograph, or other similar visual 
 
 
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1 medium or reproduction or depiction by computer that is 
2 advertised, promoted, presented, described, or distributed 
3 in such a manner that conveys the impression that the 
4 film, videotape, photograph, or other similar visual 
5 medium or reproduction or depiction by computer is of a 
6 person under the age of 18 or a person with a severe or 
7 profound intellectual disability. "Child pornography" 
8 includes the depiction of a part of an actual child under 
9 the age of 18 who, by manipulation, creation, or 
10 modification, appears to be engaged in any activity 
11 described in subparagraphs (i) through (vii) of paragraph 
12 (1) of subsection (a). "Child pornography" does not 
13 include images or materials in which the creator of the 
14 image or materials is the sole subject of the depiction. 
15 (g) Re-enactment; findings; purposes.
16  (1) The General Assembly finds and declares that:
17   (i) Section 50-5 of Public Act 88-680, effective 
18 January 1, 1995, contained provisions amending the 
19 child pornography statute, Section 11-20.1 of the 
20 Criminal Code of 1961. Section 50-5 also contained 
21 other provisions.
22   (ii) In addition, Public Act 88-680 was entitled 
23 "AN ACT to create a Safe Neighborhoods Law". (A) 
24 Article 5 was entitled JUVENILE JUSTICE and amended 
25 the Juvenile Court Act of 1987. (B) Article 15 was 
26 entitled GANGS and amended various provisions of the 
 
 
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1 Criminal Code of 1961 and the Unified Code of 
2 Corrections. (C) Article 20 was entitled ALCOHOL ABUSE 
3 and amended various provisions of the Illinois Vehicle 
4 Code. (D) Article 25 was entitled DRUG ABUSE and 
5 amended the Cannabis Control Act and the Illinois 
6 Controlled Substances Act. (E) Article 30 was entitled 
7 FIREARMS and amended the Criminal Code of 1961 and the 
8 Code of Criminal Procedure of 1963. (F) Article 35 
9 amended the Criminal Code of 1961, the Rights of Crime 
10 Victims and Witnesses Act, and the Unified Code of 
11 Corrections. (G) Article 40 amended the Criminal Code 
12 of 1961 to increase the penalty for compelling 
13 organization membership of persons. (H) Article 45 
14 created the Secure Residential Youth Care Facility 
15 Licensing Act and amended the State Finance Act, the 
16 Juvenile Court Act of 1987, the Unified Code of 
17 Corrections, and the Private Correctional Facility 
18 Moratorium Act. (I) Article 50 amended the WIC Vendor 
19 Management Act, the Firearm Owners Identification Card 
20 Act, the Juvenile Court Act of 1987, the Criminal Code 
21 of 1961, the Wrongs to Children Act, and the Unified 
22 Code of Corrections.
23   (iii) On September 22, 1998, the Third District 
24 Appellate Court in People v. Dainty, 701 N.E. 2d 118, 
25 ruled that Public Act 88-680 violates the single 
26 subject clause of the Illinois Constitution (Article 
 
 
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1 IV, Section 8 (d)) and was unconstitutional in its 
2 entirety. As of the time this amendatory Act of 1999 
3 was prepared, People v. Dainty was still subject to 
4 appeal.
5   (iv) Child pornography is a vital concern to the 
6 people of this State and the validity of future 
7 prosecutions under the child pornography statute of 
8 the Criminal Code of 1961 is in grave doubt.
9  (2) It is the purpose of this amendatory Act of 1999 to 
10 prevent or minimize any problems relating to prosecutions 
11 for child pornography that may result from challenges to 
12 the constitutional validity of Public Act 88-680 by 
13 re-enacting the Section relating to child pornography that 
14 was included in Public Act 88-680.
15  (3) This amendatory Act of 1999 re-enacts Section 
16 11-20.1 of the Criminal Code of 1961, as it has been 
17 amended. This re-enactment is intended to remove any 
18 question as to the validity or content of that Section; it 
19 is not intended to supersede any other Public Act that 
20 amends the text of the Section as set forth in this 
21 amendatory Act of 1999. The material is shown as existing 
22 text (i.e., without underscoring) because, as of the time 
23 this amendatory Act of 1999 was prepared, People v. Dainty 
24 was subject to appeal to the Illinois Supreme Court.
25  (4) The re-enactment by this amendatory Act of 1999 of 
26 Section 11-20.1 of the Criminal Code of 1961 relating to 
 
 
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1 child pornography that was amended by Public Act 88-680 is 
2 not intended, and shall not be construed, to imply that 
3 Public Act 88-680 is invalid or to limit or impair any 
4 legal argument concerning whether those provisions were 
5 substantially re-enacted by other Public Acts.
6(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.)

7 (720 ILCS 5/11-20.4)
8 Sec. 11-20.4. Obscene depiction of a purported child.
9 (a) In this Section:
10  "Indistinguishable" means that the visual 
11 representation is such that an ordinary person viewing the 
12 visual representation would conclude that the visual 
13 representation is of an actual child. 
14  "Obscene depiction" means a visual representation of 
15 any kind, including an image, video, or computer-generated 
16 image or video, whether made, produced, or altered by 
17 electronic, mechanical, or other means, that:
18   (i) the average person, applying contemporary 
19 adult community standards, would find that, taken as a 
20 whole, it appeals to the prurient interest;
21   (ii) the average person, applying contemporary 
22 adult community standards, would find that it depicts 
23 or describes, in a patently offensive way, sexual acts 
24 or sadomasochistic sexual acts, whether normal or 
25 perverted, actual or simulated, or masturbation, 
 
 
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1 excretory functions, or lewd exhibition of the 
2 unclothed or transparently clothed genitals, pubic 
3 area, buttocks or, if such person is a female, the 
4 fully or partially developed breast of the child or 
5 other person; and
6   (iii) taken as a whole, it lacks serious literary, 
7 artistic, political, or scientific value. 
8  "Purported child" means a visual representation that 
9 depicts an individual indistinguishable from an actual 
10 appears to depict a child under the age of 18 but may or 
11 may not depict an actual child under the age of 18.
12 (b) A person commits obscene depiction of a purported 
13child when, with knowledge of the nature or content thereof, 
14the person:
15  (1) receives, obtains, or accesses in any way with the 
16 intent to view, any obscene depiction of a purported 
17 child; or
18  (2) reproduces, disseminates, offers to disseminate, 
19 exhibits, or possesses with intent to disseminate, any 
20 obscene depiction of a purported child.
21 (c) A violation of paragraph (1) of subsection (b) is a 
22Class 3 felony, and a second or subsequent offense is a Class 2 
23felony. A violation of paragraph (2) of subsection (b) is a 
24Class 1 felony, and a second or subsequent offense is a Class X 
25felony.
26 (d) If the age of the purported child depicted is 
 
 
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1indistinguishable from an actual child under the age of 13, a 
2violation of paragraph (1) of subsection (b) is a Class 2 
3felony, and a second or subsequent offense is a Class 1 felony. 
4If the age of the purported child depicted is 
5indistinguishable from an actual child under the age of 13, a 
6violation of paragraph (2) of subsection (b) is a Class X 
7felony, and a second or subsequent offense is a Class X felony 
8for which the person shall be sentenced to a term of 
9imprisonment of not less than 9 years.
10 (e) Nothing in this Section shall be construed to impose 
11liability upon the following entities solely as a result of 
12content or information provided by another person:
13  (1) an interactive computer service, as defined in 47 
14 U.S.C. 230(f)(2);
15  (2) a provider of public mobile services or private 
16 radio services, as defined in Section 13-214 of the Public 
17 Utilities Act; or
18  (3) a telecommunications network or broadband 
19 provider.
20 (f) A person convicted under this Section is subject to 
21the forfeiture provisions in Article 124B of the Code of 
22Criminal Procedure of 1963. 
23(Source: P.A. 103-825, eff. 1-1-25.)

24 Section 25. The Bill of Rights for Children is amended by 
25changing Section 3 as follows:

 
 
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1 (725 ILCS 115/3) (from Ch. 38, par. 1353)
2 Sec. 3. Rights to present child impact statement. 
3 (a) In any case where a defendant has been convicted of a 
4violent crime involving a child or a juvenile has been 
5adjudicated a delinquent for any offense defined in Sections 
611-6, 11-20.1, 11-20.1B, and 11-20.3, and 11-20.4 and in 
7Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the 
8Criminal Code of 1961 or the Criminal Code of 2012, except 
9those in which both parties have agreed to the imposition of a 
10specific sentence, and a parent or legal guardian of the child 
11involved is present in the courtroom at the time of the 
12sentencing or the disposition hearing, the parent or legal 
13guardian upon his or her request shall have the right to 
14address the court regarding the impact which the defendant's 
15criminal conduct or the juvenile's delinquent conduct has had 
16upon the child. If the parent or legal guardian chooses to 
17exercise this right, the impact statement must have been 
18prepared in writing in conjunction with the Office of the 
19State's Attorney prior to the initial hearing or sentencing, 
20before it can be presented orally at the sentencing hearing. 
21The court shall consider any statements made by the parent or 
22legal guardian, along with all other appropriate factors in 
23determining the sentence of the defendant or disposition of 
24such juvenile.
25 (b) The crime victim has the right to prepare a victim 
 
 
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1impact statement and present it to the office of the State's 
2Attorney at any time during the proceedings.
3 (c) This Section shall apply to any child victims of any 
4offense defined in Sections 11-1.20 through 11-1.60 or 12-13 
5through 12-16 of the Criminal Code of 1961 or the Criminal Code 
6of 2012 during any dispositional hearing under Section 5-705 
7of the Juvenile Court Act of 1987 which takes place pursuant to 
8an adjudication of delinquency for any such offense.
9(Source: P.A. 103-825, eff. 1-1-25.)

10 Section 30. The Unified Code of Corrections is amended by 
11changing Sections 5-5-3 and 5-8-4 as follows:

12 (730 ILCS 5/5-5-3)
13 Sec. 5-5-3. Disposition. 
14 (a) (Blank).
15 (b) (Blank). 
16 (c)(1) (Blank).
17 (2) A period of probation, a term of periodic imprisonment 
18or conditional discharge shall not be imposed for the 
19following offenses. The court shall sentence the offender to 
20not less than the minimum term of imprisonment set forth in 
21this Code for the following offenses, and may order a fine or 
22restitution or both in conjunction with such term of 
23imprisonment:
24  (A) First degree murder.
 
 
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1  (B) Attempted first degree murder.
2  (C) A Class X felony.
3  (D) A violation of Section 401.1 or 407 of the 
4 Illinois Controlled Substances Act, or a violation of 
5 subdivision (c)(1.5) of Section 401 of that Act which 
6 relates to more than 5 grams of a substance containing 
7 fentanyl or an analog thereof.
8  (D-5) A violation of subdivision (c)(1) of Section 401 
9 of the Illinois Controlled Substances Act which relates to 
10 3 or more grams of a substance containing heroin or an 
11 analog thereof. 
12  (E) (Blank).
13  (F) A Class 1 or greater felony if the offender had 
14 been convicted of a Class 1 or greater felony, including 
15 any state or federal conviction for an offense that 
16 contained, at the time it was committed, the same elements 
17 as an offense now (the date of the offense committed after 
18 the prior Class 1 or greater felony) classified as a Class 
19 1 or greater felony, within 10 years of the date on which 
20 the offender committed the offense for which he or she is 
21 being sentenced, except as otherwise provided in Section 
22 40-10 of the Substance Use Disorder Act.
23  (F-3) A Class 2 or greater felony sex offense or 
24 felony firearm offense if the offender had been convicted 
25 of a Class 2 or greater felony, including any state or 
26 federal conviction for an offense that contained, at the 
 
 
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1 time it was committed, the same elements as an offense now 
2 (the date of the offense committed after the prior Class 2 
3 or greater felony) classified as a Class 2 or greater 
4 felony, within 10 years of the date on which the offender 
5 committed the offense for which he or she is being 
6 sentenced, except as otherwise provided in Section 40-10 
7 of the Substance Use Disorder Act. 
8  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
9 of the Criminal Code of 1961 or the Criminal Code of 2012 
10 for which imprisonment is prescribed in those Sections.
11  (G) Residential burglary, except as otherwise provided 
12 in Section 40-10 of the Substance Use Disorder Act.
13  (H) Criminal sexual assault.
14  (I) Aggravated battery of a senior citizen as 
15 described in Section 12-4.6 or subdivision (a)(4) of 
16 Section 12-3.05 of the Criminal Code of 1961 or the 
17 Criminal Code of 2012.
18  (J) A forcible felony if the offense was related to 
19 the activities of an organized gang.
20  Before July 1, 1994, for the purposes of this 
21 paragraph, "organized gang" means an association of 5 or 
22 more persons, with an established hierarchy, that 
23 encourages members of the association to perpetrate crimes 
24 or provides support to the members of the association who 
25 do commit crimes.
26  Beginning July 1, 1994, for the purposes of this 
 
 
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1 paragraph, "organized gang" has the meaning ascribed to it 
2 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
3 Prevention Act.
4  (K) Vehicular hijacking.
5  (L) A second or subsequent conviction for the offense 
6 of hate crime when the underlying offense upon which the 
7 hate crime is based is felony aggravated assault or felony 
8 mob action.
9  (M) A second or subsequent conviction for the offense 
10 of institutional vandalism if the damage to the property 
11 exceeds $300.
12  (N) A Class 3 felony violation of paragraph (1) of 
13 subsection (a) of Section 2 of the Firearm Owners 
14 Identification Card Act.
15  (O) A violation of Section 12-6.1 or 12-6.5 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012.
17  (P) A violation of paragraph (1), (2), (3), (4), (5), 
18 or (7) of subsection (a) of Section 11-20.1 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012.
20  (P-5) A violation of paragraph (6) of subsection (a) 
21 of Section 11-20.1 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012 if the victim is a household or 
23 family member of the defendant.
24  (P-6) A violation of paragraph (2) of subsection (b) 
25 of Section 11-20.4 of the Criminal Code of 2012. 
26  (Q) A violation of subsection (b) or (b-5) of Section 
 
 
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1 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
2 Code of 1961 or the Criminal Code of 2012.
3  (R) A violation of Section 24-3A of the Criminal Code 
4 of 1961 or the Criminal Code of 2012.
5  (S) (Blank).
6  (T) (Blank).
7  (U) A second or subsequent violation of Section 6-303 
8 of the Illinois Vehicle Code committed while his or her 
9 driver's license, permit, or privilege was revoked because 
10 of a violation of Section 9-3 of the Criminal Code of 1961 
11 or the Criminal Code of 2012, relating to the offense of 
12 reckless homicide, or a similar provision of a law of 
13 another state. 
14  (V) A violation of paragraph (4) of subsection (c) of 
15 Section 11-20.1B or paragraph (4) of subsection (c) of 
16 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
17 (6) of subsection (a) of Section 11-20.1 of the Criminal 
18 Code of 2012 when the victim is under 13 years of age and 
19 the defendant has previously been convicted under the laws 
20 of this State or any other state of the offense of child 
21 pornography, aggravated child pornography, aggravated 
22 criminal sexual abuse, aggravated criminal sexual assault, 
23 predatory criminal sexual assault of a child, or any of 
24 the offenses formerly known as rape, deviate sexual 
25 assault, indecent liberties with a child, or aggravated 
26 indecent liberties with a child where the victim was under 
 
 
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1 the age of 18 years or an offense that is substantially 
2 equivalent to those offenses.
3  (V-5) A violation of paragraph (1) of subsection (b) 
4 of Section 11-20.4 of the Criminal Code of 2012 when the 
5 purported child depicted is indistinguishable from an 
6 actual child victim is under 13 years of age and the 
7 defendant has previously been convicted under the laws of 
8 this State or any other state of the offense of child 
9 pornography, aggravated child pornography, aggravated 
10 criminal sexual abuse, aggravated criminal sexual assault, 
11 predatory criminal sexual assault of a child, or any of 
12 the offenses formerly known as rape, deviate sexual 
13 assault, indecent liberties with a child, or aggravated 
14 indecent liberties with a child if the victim was under 
15 the age of 18 years or an offense that is substantially 
16 equivalent to those offenses. 
17  (W) A violation of Section 24-3.5 of the Criminal Code 
18 of 1961 or the Criminal Code of 2012. 
19  (X) A violation of subsection (a) of Section 31-1a of 
20 the Criminal Code of 1961 or the Criminal Code of 2012.
21  (Y) A conviction for unlawful possession of a firearm 
22 by a street gang member when the firearm was loaded or 
23 contained firearm ammunition. 
24  (Z) A Class 1 felony committed while he or she was 
25 serving a term of probation or conditional discharge for a 
26 felony.
 
 
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1  (AA) Theft of property exceeding $500,000 and not 
2 exceeding $1,000,000 in value.
3  (BB) Laundering of criminally derived property of a 
4 value exceeding $500,000.
5  (CC) Knowingly selling, offering for sale, holding for 
6 sale, or using 2,000 or more counterfeit items or 
7 counterfeit items having a retail value in the aggregate 
8 of $500,000 or more. 
9  (DD) A conviction for aggravated assault under 
10 paragraph (6) of subsection (c) of Section 12-2 of the 
11 Criminal Code of 1961 or the Criminal Code of 2012 if the 
12 firearm is aimed toward the person against whom the 
13 firearm is being used. 
14  (EE) A conviction for a violation of paragraph (2) of 
15 subsection (a) of Section 24-3B of the Criminal Code of 
16 2012. 
17 (3) (Blank).
18 (4) A minimum term of imprisonment of not less than 10 
19consecutive days or 30 days of community service shall be 
20imposed for a violation of paragraph (c) of Section 6-303 of 
21the Illinois Vehicle Code.
22 (4.1) (Blank).
23 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
24this subsection (c), a minimum of 100 hours of community 
25service shall be imposed for a second violation of Section 
266-303 of the Illinois Vehicle Code.
 
 
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1 (4.3) A minimum term of imprisonment of 30 days or 300 
2hours of community service, as determined by the court, shall 
3be imposed for a second violation of subsection (c) of Section 
46-303 of the Illinois Vehicle Code.
5 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
6(4.9) of this subsection (c), a minimum term of imprisonment 
7of 30 days or 300 hours of community service, as determined by 
8the court, shall be imposed for a third or subsequent 
9violation of Section 6-303 of the Illinois Vehicle Code. The 
10court may give credit toward the fulfillment of community 
11service hours for participation in activities and treatment as 
12determined by court services. 
13 (4.5) A minimum term of imprisonment of 30 days shall be 
14imposed for a third violation of subsection (c) of Section 
156-303 of the Illinois Vehicle Code.
16 (4.6) Except as provided in paragraph (4.10) of this 
17subsection (c), a minimum term of imprisonment of 180 days 
18shall be imposed for a fourth or subsequent violation of 
19subsection (c) of Section 6-303 of the Illinois Vehicle Code.
20 (4.7) A minimum term of imprisonment of not less than 30 
21consecutive days, or 300 hours of community service, shall be 
22imposed for a violation of subsection (a-5) of Section 6-303 
23of the Illinois Vehicle Code, as provided in subsection (b-5) 
24of that Section. 
25 (4.8) A mandatory prison sentence shall be imposed for a 
26second violation of subsection (a-5) of Section 6-303 of the 
 
 
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1Illinois Vehicle Code, as provided in subsection (c-5) of that 
2Section. The person's driving privileges shall be revoked for 
3a period of not less than 5 years from the date of his or her 
4release from prison. 
5 (4.9) A mandatory prison sentence of not less than 4 and 
6not more than 15 years shall be imposed for a third violation 
7of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
8Code, as provided in subsection (d-2.5) of that Section. The 
9person's driving privileges shall be revoked for the remainder 
10of his or her life. 
11 (4.10) A mandatory prison sentence for a Class 1 felony 
12shall be imposed, and the person shall be eligible for an 
13extended term sentence, for a fourth or subsequent violation 
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
15Code, as provided in subsection (d-3.5) of that Section. The 
16person's driving privileges shall be revoked for the remainder 
17of his or her life. 
18 (5) The court may sentence a corporation or unincorporated 
19association convicted of any offense to:
20  (A) a period of conditional discharge;
21  (B) a fine;
22  (C) make restitution to the victim under Section 5-5-6 
23 of this Code.
24 (5.1) In addition to any other penalties imposed, and 
25except as provided in paragraph (5.2) or (5.3), a person 
26convicted of violating subsection (c) of Section 11-907 of the 
 
 
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1Illinois Vehicle Code shall have his or her driver's license, 
2permit, or privileges suspended for at least 90 days but not 
3more than one year, if the violation resulted in damage to the 
4property of another person.
5 (5.2) In addition to any other penalties imposed, and 
6except as provided in paragraph (5.3), a person convicted of 
7violating subsection (c) of Section 11-907 of the Illinois 
8Vehicle Code shall have his or her driver's license, permit, 
9or privileges suspended for at least 180 days but not more than 
102 years, if the violation resulted in injury to another 
11person.
12 (5.3) In addition to any other penalties imposed, a person 
13convicted of violating subsection (c) of Section 11-907 of the 
14Illinois Vehicle Code shall have his or her driver's license, 
15permit, or privileges suspended for 2 years, if the violation 
16resulted in the death of another person.
17 (5.4) In addition to any other penalties imposed, a person 
18convicted of violating Section 3-707 of the Illinois Vehicle 
19Code shall have his or her driver's license, permit, or 
20privileges suspended for 3 months and until he or she has paid 
21a reinstatement fee of $100.
22 (5.5) In addition to any other penalties imposed, a person 
23convicted of violating Section 3-707 of the Illinois Vehicle 
24Code during a period in which his or her driver's license, 
25permit, or privileges were suspended for a previous violation 
26of that Section shall have his or her driver's license, 
 
 
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1permit, or privileges suspended for an additional 6 months 
2after the expiration of the original 3-month suspension and 
3until he or she has paid a reinstatement fee of $100. 
4 (6) (Blank).
5 (7) (Blank).
6 (8) (Blank).
7 (9) A defendant convicted of a second or subsequent 
8offense of ritualized abuse of a child may be sentenced to a 
9term of natural life imprisonment.
10 (10) (Blank).
11 (11) The court shall impose a minimum fine of $1,000 for a 
12first offense and $2,000 for a second or subsequent offense 
13upon a person convicted of or placed on supervision for 
14battery when the individual harmed was a sports official or 
15coach at any level of competition and the act causing harm to 
16the sports official or coach occurred within an athletic 
17facility or within the immediate vicinity of the athletic 
18facility at which the sports official or coach was an active 
19participant of the athletic contest held at the athletic 
20facility. For the purposes of this paragraph (11), "sports 
21official" means a person at an athletic contest who enforces 
22the rules of the contest, such as an umpire or referee; 
23"athletic facility" means an indoor or outdoor playing field 
24or recreational area where sports activities are conducted; 
25and "coach" means a person recognized as a coach by the 
26sanctioning authority that conducted the sporting event.
 
 
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1 (12) A person may not receive a disposition of court 
2supervision for a violation of Section 5-16 of the Boat 
3Registration and Safety Act if that person has previously 
4received a disposition of court supervision for a violation of 
5that Section. 
6 (13) A person convicted of or placed on court supervision 
7for an assault or aggravated assault when the victim and the 
8offender are family or household members as defined in Section 
9103 of the Illinois Domestic Violence Act of 1986 or convicted 
10of domestic battery or aggravated domestic battery may be 
11required to attend a Partner Abuse Intervention Program under 
12protocols set forth by the Illinois Department of Human 
13Services under such terms and conditions imposed by the court. 
14The costs of such classes shall be paid by the offender. 
15 (d) In any case in which a sentence originally imposed is 
16vacated, the case shall be remanded to the trial court. The 
17trial court shall hold a hearing under Section 5-4-1 of this 
18Code which may include evidence of the defendant's life, moral 
19character and occupation during the time since the original 
20sentence was passed. The trial court shall then impose 
21sentence upon the defendant. The trial court may impose any 
22sentence which could have been imposed at the original trial 
23subject to Section 5-5-4 of this Code. If a sentence is vacated 
24on appeal or on collateral attack due to the failure of the 
25trier of fact at trial to determine beyond a reasonable doubt 
26the existence of a fact (other than a prior conviction) 
 
 
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1necessary to increase the punishment for the offense beyond 
2the statutory maximum otherwise applicable, either the 
3defendant may be re-sentenced to a term within the range 
4otherwise provided or, if the State files notice of its 
5intention to again seek the extended sentence, the defendant 
6shall be afforded a new trial.
7 (e) In cases where prosecution for aggravated criminal 
8sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
9Code of 1961 or the Criminal Code of 2012 results in conviction 
10of a defendant who was a family member of the victim at the 
11time of the commission of the offense, the court shall 
12consider the safety and welfare of the victim and may impose a 
13sentence of probation only where:
14  (1) the court finds (A) or (B) or both are 
15 appropriate:
16   (A) the defendant is willing to undergo a court 
17 approved counseling program for a minimum duration of 
18 2 years; or
19   (B) the defendant is willing to participate in a 
20 court approved plan, including, but not limited to, 
21 the defendant's:
22    (i) removal from the household;
23    (ii) restricted contact with the victim;
24    (iii) continued financial support of the 
25 family;
26    (iv) restitution for harm done to the victim; 
 
 
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1 and
2    (v) compliance with any other measures that 
3 the court may deem appropriate; and
4  (2) the court orders the defendant to pay for the 
5 victim's counseling services, to the extent that the court 
6 finds, after considering the defendant's income and 
7 assets, that the defendant is financially capable of 
8 paying for such services, if the victim was under 18 years 
9 of age at the time the offense was committed and requires 
10 counseling as a result of the offense.
11 Probation may be revoked or modified pursuant to Section 
125-6-4; except where the court determines at the hearing that 
13the defendant violated a condition of his or her probation 
14restricting contact with the victim or other family members or 
15commits another offense with the victim or other family 
16members, the court shall revoke the defendant's probation and 
17impose a term of imprisonment.
18 For the purposes of this Section, "family member" and 
19"victim" shall have the meanings ascribed to them in Section 
2011-0.1 of the Criminal Code of 2012.
21 (f) (Blank).
22 (g) Whenever a defendant is convicted of an offense under 
23Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
2411-14.3, 11-14.4 except for an offense that involves keeping a 
25place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
2611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
 
 
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112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
2Criminal Code of 2012, the defendant shall undergo medical 
3testing to determine whether the defendant has any sexually 
4transmissible disease, including a test for infection with 
5human immunodeficiency virus (HIV) or any other identified 
6causative agent of acquired immunodeficiency syndrome (AIDS). 
7Any such medical test shall be performed only by appropriately 
8licensed medical practitioners and may include an analysis of 
9any bodily fluids as well as an examination of the defendant's 
10person. Except as otherwise provided by law, the results of 
11such test shall be kept strictly confidential by all medical 
12personnel involved in the testing and must be personally 
13delivered in a sealed envelope to the judge of the court in 
14which the conviction was entered for the judge's inspection in 
15camera. Acting in accordance with the best interests of the 
16victim and the public, the judge shall have the discretion to 
17determine to whom, if anyone, the results of the testing may be 
18revealed. The court shall notify the defendant of the test 
19results. The court shall also notify the victim if requested 
20by the victim, and if the victim is under the age of 15 and if 
21requested by the victim's parents or legal guardian, the court 
22shall notify the victim's parents or legal guardian of the 
23test results. The court shall provide information on the 
24availability of HIV testing and counseling at Department of 
25Public Health facilities to all parties to whom the results of 
26the testing are revealed and shall direct the State's Attorney 
 
 
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1to provide the information to the victim when possible. The 
2court shall order that the cost of any such test shall be paid 
3by the county and may be taxed as costs against the convicted 
4defendant.
5 (g-5) When an inmate is tested for an airborne 
6communicable disease, as determined by the Illinois Department 
7of Public Health, including, but not limited to, tuberculosis, 
8the results of the test shall be personally delivered by the 
9warden or his or her designee in a sealed envelope to the judge 
10of the court in which the inmate must appear for the judge's 
11inspection in camera if requested by the judge. Acting in 
12accordance with the best interests of those in the courtroom, 
13the judge shall have the discretion to determine what if any 
14precautions need to be taken to prevent transmission of the 
15disease in the courtroom.
16 (h) Whenever a defendant is convicted of an offense under 
17Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
18defendant shall undergo medical testing to determine whether 
19the defendant has been exposed to human immunodeficiency virus 
20(HIV) or any other identified causative agent of acquired 
21immunodeficiency syndrome (AIDS). Except as otherwise provided 
22by law, the results of such test shall be kept strictly 
23confidential by all medical personnel involved in the testing 
24and must be personally delivered in a sealed envelope to the 
25judge of the court in which the conviction was entered for the 
26judge's inspection in camera. Acting in accordance with the 
 
 
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1best interests of the public, the judge shall have the 
2discretion to determine to whom, if anyone, the results of the 
3testing may be revealed. The court shall notify the defendant 
4of a positive test showing an infection with the human 
5immunodeficiency virus (HIV). The court shall provide 
6information on the availability of HIV testing and counseling 
7at Department of Public Health facilities to all parties to 
8whom the results of the testing are revealed and shall direct 
9the State's Attorney to provide the information to the victim 
10when possible. The court shall order that the cost of any such 
11test shall be paid by the county and may be taxed as costs 
12against the convicted defendant.
13 (i) All fines and penalties imposed under this Section for 
14any violation of Chapters 3, 4, 6, and 11 of the Illinois 
15Vehicle Code, or a similar provision of a local ordinance, and 
16any violation of the Child Passenger Protection Act, or a 
17similar provision of a local ordinance, shall be collected and 
18disbursed by the circuit clerk as provided under the Criminal 
19and Traffic Assessment Act.
20 (j) In cases when prosecution for any violation of Section 
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
2211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
2311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
2411-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14, 
2512-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
26Criminal Code of 2012, any violation of the Illinois 
 
 
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1Controlled Substances Act, any violation of the Cannabis 
2Control Act, or any violation of the Methamphetamine Control 
3and Community Protection Act results in conviction, a 
4disposition of court supervision, or an order of probation 
5granted under Section 10 of the Cannabis Control Act, Section 
6410 of the Illinois Controlled Substances Act, or Section 70 
7of the Methamphetamine Control and Community Protection Act of 
8a defendant, the court shall determine whether the defendant 
9is employed by a facility or center as defined under the Child 
10Care Act of 1969, a public or private elementary or secondary 
11school, or otherwise works with children under 18 years of age 
12on a daily basis. When a defendant is so employed, the court 
13shall order the Clerk of the Court to send a copy of the 
14judgment of conviction or order of supervision or probation to 
15the defendant's employer by certified mail. If the employer of 
16the defendant is a school, the Clerk of the Court shall direct 
17the mailing of a copy of the judgment of conviction or order of 
18supervision or probation to the appropriate regional 
19superintendent of schools. The regional superintendent of 
20schools shall notify the State Board of Education of any 
21notification under this subsection.
22 (j-5) A defendant at least 17 years of age who is convicted 
23of a felony and who has not been previously convicted of a 
24misdemeanor or felony and who is sentenced to a term of 
25imprisonment in the Illinois Department of Corrections shall 
26as a condition of his or her sentence be required by the court 
 
 
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1to attend educational courses designed to prepare the 
2defendant for a high school diploma and to work toward a high 
3school diploma or to work toward passing high school 
4equivalency testing or to work toward completing a vocational 
5training program offered by the Department of Corrections. If 
6a defendant fails to complete the educational training 
7required by his or her sentence during the term of 
8incarceration, the Prisoner Review Board shall, as a condition 
9of mandatory supervised release, require the defendant, at his 
10or her own expense, to pursue a course of study toward a high 
11school diploma or passage of high school equivalency testing. 
12The Prisoner Review Board shall revoke the mandatory 
13supervised release of a defendant who wilfully fails to comply 
14with this subsection (j-5) upon his or her release from 
15confinement in a penal institution while serving a mandatory 
16supervised release term; however, the inability of the 
17defendant after making a good faith effort to obtain financial 
18aid or pay for the educational training shall not be deemed a 
19wilful failure to comply. The Prisoner Review Board shall 
20recommit the defendant whose mandatory supervised release term 
21has been revoked under this subsection (j-5) as provided in 
22Section 3-3-9. This subsection (j-5) does not apply to a 
23defendant who has a high school diploma or has successfully 
24passed high school equivalency testing. This subsection (j-5) 
25does not apply to a defendant who is determined by the court to 
26be a person with a developmental disability or otherwise 
 
 
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1mentally incapable of completing the educational or vocational 
2program.
3 (k) (Blank).
4 (l)(A) Except as provided in paragraph (C) of subsection 
5(l), whenever a defendant, who is not a citizen or national of 
6the United States, is convicted of any felony or misdemeanor 
7offense, the court after sentencing the defendant may, upon 
8motion of the State's Attorney, hold sentence in abeyance and 
9remand the defendant to the custody of the Attorney General of 
10the United States or his or her designated agent to be deported 
11when:
12  (1) a final order of deportation has been issued 
13 against the defendant pursuant to proceedings under the 
14 Immigration and Nationality Act, and
15  (2) the deportation of the defendant would not 
16 deprecate the seriousness of the defendant's conduct and 
17 would not be inconsistent with the ends of justice.
18 Otherwise, the defendant shall be sentenced as provided in 
19this Chapter V.
20 (B) If the defendant has already been sentenced for a 
21felony or misdemeanor offense, or has been placed on probation 
22under Section 10 of the Cannabis Control Act, Section 410 of 
23the Illinois Controlled Substances Act, or Section 70 of the 
24Methamphetamine Control and Community Protection Act, the 
25court may, upon motion of the State's Attorney to suspend the 
26sentence imposed, commit the defendant to the custody of the 
 
 
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1Attorney General of the United States or his or her designated 
2agent when:
3  (1) a final order of deportation has been issued 
4 against the defendant pursuant to proceedings under the 
5 Immigration and Nationality Act, and
6  (2) the deportation of the defendant would not 
7 deprecate the seriousness of the defendant's conduct and 
8 would not be inconsistent with the ends of justice.
9 (C) This subsection (l) does not apply to offenders who 
10are subject to the provisions of paragraph (2) of subsection 
11(a) of Section 3-6-3.
12 (D) Upon motion of the State's Attorney, if a defendant 
13sentenced under this Section returns to the jurisdiction of 
14the United States, the defendant shall be recommitted to the 
15custody of the county from which he or she was sentenced. 
16Thereafter, the defendant shall be brought before the 
17sentencing court, which may impose any sentence that was 
18available under Section 5-5-3 at the time of initial 
19sentencing. In addition, the defendant shall not be eligible 
20for additional earned sentence credit as provided under 
21Section 3-6-3.
22 (m) A person convicted of criminal defacement of property 
23under Section 21-1.3 of the Criminal Code of 1961 or the 
24Criminal Code of 2012, in which the property damage exceeds 
25$300 and the property damaged is a school building, shall be 
26ordered to perform community service that may include cleanup, 
 
 
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1removal, or painting over the defacement.
2 (n) The court may sentence a person convicted of a 
3violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
4subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
5of 1961 or the Criminal Code of 2012 (i) to an impact 
6incarceration program if the person is otherwise eligible for 
7that program under Section 5-8-1.1, (ii) to community service, 
8or (iii) if the person has a substance use disorder, as defined 
9in the Substance Use Disorder Act, to a treatment program 
10licensed under that Act.
11 (o) Whenever a person is convicted of a sex offense as 
12defined in Section 2 of the Sex Offender Registration Act, the 
13defendant's driver's license or permit shall be subject to 
14renewal on an annual basis in accordance with the provisions 
15of license renewal established by the Secretary of State. 
16(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
17102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
181-1-24; 103-825, eff. 1-1-25.)

19 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
20 Sec. 5-8-4. Concurrent and consecutive terms of 
21imprisonment. 
22 (a) Concurrent terms; multiple or additional sentences. 
23When an Illinois court (i) imposes multiple sentences of 
24imprisonment on a defendant at the same time or (ii) imposes a 
25sentence of imprisonment on a defendant who is already subject 
 
 
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1to a sentence of imprisonment imposed by an Illinois court, a 
2court of another state, or a federal court, then the sentences 
3shall run concurrently unless otherwise determined by the 
4Illinois court under this Section.
5 (b) Concurrent terms; misdemeanor and felony. A defendant 
6serving a sentence for a misdemeanor who is convicted of a 
7felony and sentenced to imprisonment shall be transferred to 
8the Department of Corrections, and the misdemeanor sentence 
9shall be merged in and run concurrently with the felony 
10sentence.
11 (c) Consecutive terms; permissive. The court may impose 
12consecutive sentences in any of the following circumstances:
13  (1) If, having regard to the nature and circumstances 
14 of the offense and the history and character of the 
15 defendant, it is the opinion of the court that consecutive 
16 sentences are required to protect the public from further 
17 criminal conduct by the defendant, the basis for which the 
18 court shall set forth in the record.
19  (2) If one of the offenses for which a defendant was 
20 convicted was a violation of Section 32-5.2 (aggravated 
21 false personation of a peace officer) of the Criminal Code 
22 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision 
23 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 
24 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the 
25 offense was committed in attempting or committing a 
26 forcible felony. 
 
 
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1  (3) If a person charged with a felony commits a 
2 separate felony while on pretrial release or in pretrial 
3 detention in a county jail facility or county detention 
4 facility, then the sentences imposed upon conviction of 
5 these felonies may be served consecutively regardless of 
6 the order in which the judgments of conviction are 
7 entered.
8  (4) If a person commits a battery against a county 
9 correctional officer or sheriff's employee while serving a 
10 sentence or in pretrial detention in a county jail 
11 facility, then the sentence imposed upon conviction of the 
12 battery may be served consecutively with the sentence 
13 imposed upon conviction of the earlier misdemeanor or 
14 felony, regardless of the order in which the judgments of 
15 conviction are entered.
16  (5) If a person admitted to pretrial release following 
17 conviction of a felony commits a separate felony while 
18 released pretrial or if a person detained in a county jail 
19 facility or county detention facility following conviction 
20 of a felony commits a separate felony while in detention, 
21 then any sentence following conviction of the separate 
22 felony may be consecutive to that of the original sentence 
23 for which the defendant was released pretrial or detained.
24  (6) If a person is found to be in possession of an item 
25 of contraband, as defined in Section 31A-0.1 of the 
26 Criminal Code of 2012, while serving a sentence in a 
 
 
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1 county jail or while in pretrial detention in a county 
2 jail, the sentence imposed upon conviction for the offense 
3 of possessing contraband in a penal institution may be 
4 served consecutively to the sentence imposed for the 
5 offense for which the person is serving a sentence in the 
6 county jail or while in pretrial detention, regardless of 
7 the order in which the judgments of conviction are 
8 entered.
9  (7) If a person is sentenced for a violation of a 
10 condition of pretrial release under Section 32-10 of the 
11 Criminal Code of 1961 or the Criminal Code of 2012, any 
12 sentence imposed for that violation may be served 
13 consecutive to the sentence imposed for the charge for 
14 which pretrial release had been granted and with respect 
15 to which the defendant has been convicted. 
16 (d) Consecutive terms; mandatory. The court shall impose 
17consecutive sentences in each of the following circumstances:
18  (1) One of the offenses for which the defendant was 
19 convicted was first degree murder or a Class X or Class 1 
20 felony and the defendant inflicted severe bodily injury.
21  (2) The defendant was convicted of a violation of 
22 Section 11-1.20 or 12-13 (criminal sexual assault), 
23 11-1.30 or 12-14 (aggravated criminal sexual assault), or 
24 11-1.40 or 12-14.1 (predatory criminal sexual assault of a 
25 child) of the Criminal Code of 1961 or the Criminal Code of 
26 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 
 
 
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1 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 
2 5/12-14.1).
3  (2.5) The defendant was convicted of a violation of 
4 paragraph (1), (2), (3), (4), (5), or (7) of subsection 
5 (a) of Section 11-20.1 (child pornography) or of paragraph 
6 (1), (2), (3), (4), (5), or (7) of subsection (a) of 
7 Section 11-20.1B or 11-20.3 (aggravated child pornography) 
8 of the Criminal Code of 1961 or the Criminal Code of 2012; 
9 or the defendant was convicted of a violation of paragraph 
10 (6) of subsection (a) of Section 11-20.1 (child 
11 pornography) or of paragraph (6) of subsection (a) of 
12 Section 11-20.1B or 11-20.3 (aggravated child pornography) 
13 of the Criminal Code of 1961 or the Criminal Code of 2012, 
14 when the child depicted is under the age of 13. 
15  (2.6) The defendant was convicted of:
16   (A) a violation of paragraph (2) of subsection (b) 
17 of Section 11-20.4 of the Criminal Code of 2012; or
18   (B) a violation of paragraph (1) of Section 
19 11-20.4 of the Criminal Code of 2012 when the 
20 purported child depicted is indistinguishable from an 
21 actual child under the age of 13. 
22  (3) The defendant was convicted of armed violence 
23 based upon the predicate offense of any of the following: 
24 solicitation of murder, solicitation of murder for hire, 
25 heinous battery as described in Section 12-4.1 or 
26 subdivision (a)(2) of Section 12-3.05, aggravated battery 
 
 
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1 of a senior citizen as described in Section 12-4.6 or 
2 subdivision (a)(4) of Section 12-3.05, criminal sexual 
3 assault, a violation of subsection (g) of Section 5 of the 
4 Cannabis Control Act (720 ILCS 550/5), cannabis 
5 trafficking, a violation of subsection (a) of Section 401 
6 of the Illinois Controlled Substances Act (720 ILCS 
7 570/401), controlled substance trafficking involving a 
8 Class X felony amount of controlled substance under 
9 Section 401 of the Illinois Controlled Substances Act (720 
10 ILCS 570/401), a violation of the Methamphetamine Control 
11 and Community Protection Act (720 ILCS 646/), calculated 
12 criminal drug conspiracy, or streetgang criminal drug 
13 conspiracy.
14  (4) The defendant was convicted of the offense of 
15 leaving the scene of a motor vehicle crash involving death 
16 or personal injuries under Section 11-401 of the Illinois 
17 Vehicle Code (625 ILCS 5/11-401) and either: (A) 
18 aggravated driving under the influence of alcohol, other 
19 drug or drugs, or intoxicating compound or compounds, or 
20 any combination thereof under Section 11-501 of the 
21 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless 
22 homicide under Section 9-3 of the Criminal Code of 1961 or 
23 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an 
24 offense described in item (A) and an offense described in 
25 item (B).
26  (5) The defendant was convicted of a violation of 
 
 
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1 Section 9-3.1 or Section 9-3.4 (concealment of homicidal 
2 death) or Section 12-20.5 (dismembering a human body) of 
3 the Criminal Code of 1961 or the Criminal Code of 2012 (720 
4 ILCS 5/9-3.1 or 5/12-20.5).
5  (5.5) The defendant was convicted of a violation of 
6 Section 24-3.7 (use of a stolen firearm in the commission 
7 of an offense) of the Criminal Code of 1961 or the Criminal 
8 Code of 2012.
9  (6) If the defendant was in the custody of the 
10 Department of Corrections at the time of the commission of 
11 the offense, the sentence shall be served consecutive to 
12 the sentence under which the defendant is held by the 
13 Department of Corrections.
14  (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) 
15 for escape or attempted escape shall be served consecutive 
16 to the terms under which the offender is held by the 
17 Department of Corrections.
18  (8) (Blank).
19  (8.5) (Blank). 
20  (9) (Blank). 
21  (10) (Blank). 
22  (11) (Blank). 
23 (e) Consecutive terms; subsequent non-Illinois term. If an 
24Illinois court has imposed a sentence of imprisonment on a 
25defendant and the defendant is subsequently sentenced to a 
26term of imprisonment by a court of another state or a federal 
 
 
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1court, then the Illinois sentence shall run consecutively to 
2the sentence imposed by the court of the other state or the 
3federal court. That same Illinois court, however, may order 
4that the Illinois sentence run concurrently with the sentence 
5imposed by the court of the other state or the federal court, 
6but only if the defendant applies to that same Illinois court 
7within 30 days after the sentence imposed by the court of the 
8other state or the federal court is finalized.
9 (f) Consecutive terms; aggregate maximums and minimums. 
10The aggregate maximum and aggregate minimum of consecutive 
11sentences shall be determined as follows:
12  (1) For sentences imposed under law in effect prior to 
13 February 1, 1978, the aggregate maximum of consecutive 
14 sentences shall not exceed the maximum term authorized 
15 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of 
16 Chapter V for the 2 most serious felonies involved. The 
17 aggregate minimum period of consecutive sentences shall 
18 not exceed the highest minimum term authorized under 
19 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter 
20 V for the 2 most serious felonies involved. When sentenced 
21 only for misdemeanors, a defendant shall not be 
22 consecutively sentenced to more than the maximum for one 
23 Class A misdemeanor.
24  (2) For sentences imposed under the law in effect on 
25 or after February 1, 1978, the aggregate of consecutive 
26 sentences for offenses that were committed as part of a 
 
 
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1 single course of conduct during which there was no 
2 substantial change in the nature of the criminal objective 
3 shall not exceed the sum of the maximum terms authorized 
4 under Article 4.5 of Chapter V for the 2 most serious 
5 felonies involved, but no such limitation shall apply for 
6 offenses that were not committed as part of a single 
7 course of conduct during which there was no substantial 
8 change in the nature of the criminal objective. When 
9 sentenced only for misdemeanors, a defendant shall not be 
10 consecutively sentenced to more than the maximum for one 
11 Class A misdemeanor. 
12 (g) Consecutive terms; manner served. In determining the 
13manner in which consecutive sentences of imprisonment, one or 
14more of which is for a felony, will be served, the Department 
15of Corrections shall treat the defendant as though he or she 
16had been committed for a single term subject to each of the 
17following:
18  (1) The maximum period of a term of imprisonment shall 
19 consist of the aggregate of the maximums of the imposed 
20 indeterminate terms, if any, plus the aggregate of the 
21 imposed determinate sentences for felonies, plus the 
22 aggregate of the imposed determinate sentences for 
23 misdemeanors, subject to subsection (f) of this Section.
24  (2) The parole or mandatory supervised release term 
25 shall be as provided in paragraph (e) of Section 5-4.5-50 
26 (730 ILCS 5/5-4.5-50) for the most serious of the offenses 
 
 
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1 involved.
2  (3) The minimum period of imprisonment shall be the 
3 aggregate of the minimum and determinate periods of 
4 imprisonment imposed by the court, subject to subsection 
5 (f) of this Section.
6  (4) The defendant shall be awarded credit against the 
7 aggregate maximum term and the aggregate minimum term of 
8 imprisonment for all time served in an institution since 
9 the commission of the offense or offenses and as a 
10 consequence thereof at the rate specified in Section 3-6-3 
11 (730 ILCS 5/3-6-3). 
12 (h) Notwithstanding any other provisions of this Section, 
13all sentences imposed by an Illinois court under this Code 
14shall run concurrent to any and all sentences imposed under 
15the Juvenile Court Act of 1987. 
16(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 
17102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)