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