IL
Illinois Senate Bill SB2655

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2655 Compare Versions

OldNewDifferences
1-SB2655 EnrolledLRB103 35186 KTG 65160 b SB2655 Enrolled LRB103 35186 KTG 65160 b
2- SB2655 Enrolled LRB103 35186 KTG 65160 b
1+SB2655 EngrossedLRB103 35186 KTG 65160 b SB2655 Engrossed LRB103 35186 KTG 65160 b
2+ SB2655 Engrossed LRB103 35186 KTG 65160 b
33 1 AN ACT concerning State government.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
6-4 Section 5. The Freedom of Information Act is amended by
7-5 changing Section 7.5 as follows:
8-6 (5 ILCS 140/7.5)
9-7 Sec. 7.5. Statutory exemptions. To the extent provided for
10-8 by the statutes referenced below, the following shall be
11-9 exempt from inspection and copying:
12-10 (a) All information determined to be confidential
13-11 under Section 4002 of the Technology Advancement and
14-12 Development Act.
15-13 (b) Library circulation and order records identifying
16-14 library users with specific materials under the Library
17-15 Records Confidentiality Act.
18-16 (c) Applications, related documents, and medical
19-17 records received by the Experimental Organ Transplantation
20-18 Procedures Board and any and all documents or other
21-19 records prepared by the Experimental Organ Transplantation
22-20 Procedures Board or its staff relating to applications it
23-21 has received.
24-22 (d) Information and records held by the Department of
25-23 Public Health and its authorized representatives relating
6+4 Section 1. Short title. This Act may be cited as the
7+5 Medicaid Expansion of Network Providers for Persons with
8+6 Disabilities Subcommittee Act.
9+7 Section 5. Medicaid Expansion of Network Providers for
10+8 Persons with Disabilities Subcommittee.
11+9 (a) By January 1, 2025, the Department of Healthcare and
12+10 Family Services shall create the Medicaid Expansion of Network
13+11 Providers for Persons with Disabilities Subcommittee under the
14+12 Medicaid Advisory Committee. The Subcommittee shall consist of
15+13 the following members:
16+14 (1) the Director of Healthcare and Family Services, or
17+15 the Director's designee;
18+16 (2) the Director of Insurance, or the Director's
19+17 designee;
20+18 (3) the Secretary of Human Services, or the
21+19 Secretary's designee;
22+20 (4) 2 members, appointed by the President of the
23+21 Senate;
24+22 (6) 2 members, appointed by the Minority Leader of the
25+23 Senate;
2626
2727
2828
29- SB2655 Enrolled LRB103 35186 KTG 65160 b
29+ SB2655 Engrossed LRB103 35186 KTG 65160 b
3030
3131
32-SB2655 Enrolled- 2 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 2 - LRB103 35186 KTG 65160 b
33- SB2655 Enrolled - 2 - LRB103 35186 KTG 65160 b
34-1 to known or suspected cases of sexually transmitted
35-2 infection or any information the disclosure of which is
36-3 restricted under the Illinois Sexually Transmitted
37-4 Infection Control Act.
38-5 (e) Information the disclosure of which is exempted
39-6 under Section 30 of the Radon Industry Licensing Act.
40-7 (f) Firm performance evaluations under Section 55 of
41-8 the Architectural, Engineering, and Land Surveying
42-9 Qualifications Based Selection Act.
43-10 (g) Information the disclosure of which is restricted
44-11 and exempted under Section 50 of the Illinois Prepaid
45-12 Tuition Act.
46-13 (h) Information the disclosure of which is exempted
47-14 under the State Officials and Employees Ethics Act, and
48-15 records of any lawfully created State or local inspector
49-16 general's office that would be exempt if created or
50-17 obtained by an Executive Inspector General's office under
51-18 that Act.
52-19 (i) Information contained in a local emergency energy
53-20 plan submitted to a municipality in accordance with a
54-21 local emergency energy plan ordinance that is adopted
55-22 under Section 11-21.5-5 of the Illinois Municipal Code.
56-23 (j) Information and data concerning the distribution
57-24 of surcharge moneys collected and remitted by carriers
58-25 under the Emergency Telephone System Act.
59-26 (k) Law enforcement officer identification information
32+SB2655 Engrossed- 2 -LRB103 35186 KTG 65160 b SB2655 Engrossed - 2 - LRB103 35186 KTG 65160 b
33+ SB2655 Engrossed - 2 - LRB103 35186 KTG 65160 b
34+1 (7) 2 members, appointed by the Speaker of the House
35+2 of Representatives;
36+3 (9) 2 members, appointed by the Minority Leader of the
37+4 House of Representatives;
38+5 (10) 2 members who are parent advocates of children or
39+6 adults with developmental disabilities, appointed by the
40+7 Governor;
41+8 (11) 2 members who are parent advocates of children or
42+9 adults with developmental disabilities, appointed by the
43+10 Governor;
44+11 (12) one member who represents a statewide
45+12 organization of dentists, appointed by the Governor;
46+13 (13) one member who represents a statewide
47+14 organization of physicians, appointed by the Governor;
48+15 (14) one member who represents an organization of
49+16 physicians practicing in Cook County, appointed by the
50+17 Governor;
51+18 (15) one member who represents an organization of
52+19 Indian American physicians, appointed by the Governor;
53+20 (16) 3 members from nonprofit organizations in
54+21 northern Illinois that provide services to individuals
55+22 with physical, developmental, intellectual, or mental
56+23 health challenges, appointed by the Governor;
57+24 (17) one member who represents a downstate chapter of
58+25 an organization of social workers, appointed by the
59+26 Governor;
6060
6161
6262
6363
6464
65- SB2655 Enrolled - 2 - LRB103 35186 KTG 65160 b
65+ SB2655 Engrossed - 2 - LRB103 35186 KTG 65160 b
6666
6767
68-SB2655 Enrolled- 3 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 3 - LRB103 35186 KTG 65160 b
69- SB2655 Enrolled - 3 - LRB103 35186 KTG 65160 b
70-1 or driver identification information compiled by a law
71-2 enforcement agency or the Department of Transportation
72-3 under Section 11-212 of the Illinois Vehicle Code.
73-4 (l) Records and information provided to a residential
74-5 health care facility resident sexual assault and death
75-6 review team or the Executive Council under the Abuse
76-7 Prevention Review Team Act.
77-8 (m) Information provided to the predatory lending
78-9 database created pursuant to Article 3 of the Residential
79-10 Real Property Disclosure Act, except to the extent
80-11 authorized under that Article.
81-12 (n) Defense budgets and petitions for certification of
82-13 compensation and expenses for court appointed trial
83-14 counsel as provided under Sections 10 and 15 of the
84-15 Capital Crimes Litigation Act (repealed). This subsection
85-16 (n) shall apply until the conclusion of the trial of the
86-17 case, even if the prosecution chooses not to pursue the
87-18 death penalty prior to trial or sentencing.
88-19 (o) Information that is prohibited from being
89-20 disclosed under Section 4 of the Illinois Health and
90-21 Hazardous Substances Registry Act.
91-22 (p) Security portions of system safety program plans,
92-23 investigation reports, surveys, schedules, lists, data, or
93-24 information compiled, collected, or prepared by or for the
94-25 Department of Transportation under Sections 2705-300 and
95-26 2705-616 of the Department of Transportation Law of the
68+SB2655 Engrossed- 3 -LRB103 35186 KTG 65160 b SB2655 Engrossed - 3 - LRB103 35186 KTG 65160 b
69+ SB2655 Engrossed - 3 - LRB103 35186 KTG 65160 b
70+1 (18) one member who represents a nonprofit
71+2 organization of parents and other relatives of residents
72+3 of a developmental center in southern Illinois that is
73+4 operated by the Department of Human Services, appointed by
74+5 the Governor; and
75+6 (19) 2 members who represent health care systems in
76+7 southern Illinois, appointed by the Governor.
77+8 (b) A vacancy on the Subcommittee shall be filled by the
78+9 appropriate appointing authority.
79+10 (c) The Subcommittee shall meet monthly.
80+11 (d) The members of the Subcommittee shall receive no
81+12 compensation for the performance of their duties under this
82+13 Act, but may be reimbursed for necessary expenses incurred
83+14 while engaged in the performance of their duties under this
84+15 Act.
85+16 (e) The Department of Healthcare and Family Services shall
86+17 provide administrative support to the Subcommittee.
87+18 Section 10. Duties. The Subcommittee shall develop and
88+19 propose policies to increase the State's Medicaid provider
89+20 networks to give Medicaid clients more provider choice for
90+21 their health care needs. The Subcommittee shall work toward
91+22 creating solutions to streamline the State's Medicaid system,
92+23 making it more efficient, and making it easier to use while
93+24 improving the overall quality of care.
9694
9795
9896
9997
10098
101- SB2655 Enrolled - 3 - LRB103 35186 KTG 65160 b
99+ SB2655 Engrossed - 3 - LRB103 35186 KTG 65160 b
102100
103101
104-SB2655 Enrolled- 4 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 4 - LRB103 35186 KTG 65160 b
105- SB2655 Enrolled - 4 - LRB103 35186 KTG 65160 b
106-1 Civil Administrative Code of Illinois, the Regional
107-2 Transportation Authority under Section 2.11 of the
108-3 Regional Transportation Authority Act, or the St. Clair
109-4 County Transit District under the Bi-State Transit Safety
110-5 Act (repealed).
111-6 (q) Information prohibited from being disclosed by the
112-7 Personnel Record Review Act.
113-8 (r) Information prohibited from being disclosed by the
114-9 Illinois School Student Records Act.
115-10 (s) Information the disclosure of which is restricted
116-11 under Section 5-108 of the Public Utilities Act.
117-12 (t) (Blank).
118-13 (u) Records and information provided to an independent
119-14 team of experts under the Developmental Disability and
120-15 Mental Health Safety Act (also known as Brian's Law).
121-16 (v) Names and information of people who have applied
122-17 for or received Firearm Owner's Identification Cards under
123-18 the Firearm Owners Identification Card Act or applied for
124-19 or received a concealed carry license under the Firearm
125-20 Concealed Carry Act, unless otherwise authorized by the
126-21 Firearm Concealed Carry Act; and databases under the
127-22 Firearm Concealed Carry Act, records of the Concealed
128-23 Carry Licensing Review Board under the Firearm Concealed
129-24 Carry Act, and law enforcement agency objections under the
130-25 Firearm Concealed Carry Act.
131-26 (v-5) Records of the Firearm Owner's Identification
102+SB2655 Engrossed- 4 -LRB103 35186 KTG 65160 b SB2655 Engrossed - 4 - LRB103 35186 KTG 65160 b
103+ SB2655 Engrossed - 4 - LRB103 35186 KTG 65160 b
104+1 Section 15. Report. The Subcommittee shall report its
105+2 findings, conclusions, and recommendations, including
106+3 suggested legislation, to the General Assembly by December 31,
107+4 2025.
108+5 Section 20. Repeal. This Act is repealed on July 1, 2026.
132109
133110
134111
135112
136113
137- SB2655 Enrolled - 4 - LRB103 35186 KTG 65160 b
138-
139-
140-SB2655 Enrolled- 5 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 5 - LRB103 35186 KTG 65160 b
141- SB2655 Enrolled - 5 - LRB103 35186 KTG 65160 b
142-1 Card Review Board that are exempted from disclosure under
143-2 Section 10 of the Firearm Owners Identification Card Act.
144-3 (w) Personally identifiable information which is
145-4 exempted from disclosure under subsection (g) of Section
146-5 19.1 of the Toll Highway Act.
147-6 (x) Information which is exempted from disclosure
148-7 under Section 5-1014.3 of the Counties Code or Section
149-8 8-11-21 of the Illinois Municipal Code.
150-9 (y) Confidential information under the Adult
151-10 Protective Services Act and its predecessor enabling
152-11 statute, the Elder Abuse and Neglect Act, including
153-12 information about the identity and administrative finding
154-13 against any caregiver of a verified and substantiated
155-14 decision of abuse, neglect, or financial exploitation of
156-15 an eligible adult maintained in the Registry established
157-16 under Section 7.5 of the Adult Protective Services Act.
158-17 (z) Records and information provided to a fatality
159-18 review team or the Illinois Fatality Review Team Advisory
160-19 Council under Section 15 of the Adult Protective Services
161-20 Act.
162-21 (aa) Information which is exempted from disclosure
163-22 under Section 2.37 of the Wildlife Code.
164-23 (bb) Information which is or was prohibited from
165-24 disclosure by the Juvenile Court Act of 1987.
166-25 (cc) Recordings made under the Law Enforcement
167-26 Officer-Worn Body Camera Act, except to the extent
168-
169-
170-
171-
172-
173- SB2655 Enrolled - 5 - LRB103 35186 KTG 65160 b
174-
175-
176-SB2655 Enrolled- 6 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 6 - LRB103 35186 KTG 65160 b
177- SB2655 Enrolled - 6 - LRB103 35186 KTG 65160 b
178-1 authorized under that Act.
179-2 (dd) Information that is prohibited from being
180-3 disclosed under Section 45 of the Condominium and Common
181-4 Interest Community Ombudsperson Act.
182-5 (ee) Information that is exempted from disclosure
183-6 under Section 30.1 of the Pharmacy Practice Act.
184-7 (ff) Information that is exempted from disclosure
185-8 under the Revised Uniform Unclaimed Property Act.
186-9 (gg) Information that is prohibited from being
187-10 disclosed under Section 7-603.5 of the Illinois Vehicle
188-11 Code.
189-12 (hh) Records that are exempt from disclosure under
190-13 Section 1A-16.7 of the Election Code.
191-14 (ii) Information which is exempted from disclosure
192-15 under Section 2505-800 of the Department of Revenue Law of
193-16 the Civil Administrative Code of Illinois.
194-17 (jj) Information and reports that are required to be
195-18 submitted to the Department of Labor by registering day
196-19 and temporary labor service agencies but are exempt from
197-20 disclosure under subsection (a-1) of Section 45 of the Day
198-21 and Temporary Labor Services Act.
199-22 (kk) Information prohibited from disclosure under the
200-23 Seizure and Forfeiture Reporting Act.
201-24 (ll) Information the disclosure of which is restricted
202-25 and exempted under Section 5-30.8 of the Illinois Public
203-26 Aid Code.
204-
205-
206-
207-
208-
209- SB2655 Enrolled - 6 - LRB103 35186 KTG 65160 b
210-
211-
212-SB2655 Enrolled- 7 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 7 - LRB103 35186 KTG 65160 b
213- SB2655 Enrolled - 7 - LRB103 35186 KTG 65160 b
214-1 (mm) Records that are exempt from disclosure under
215-2 Section 4.2 of the Crime Victims Compensation Act.
216-3 (nn) Information that is exempt from disclosure under
217-4 Section 70 of the Higher Education Student Assistance Act.
218-5 (oo) Communications, notes, records, and reports
219-6 arising out of a peer support counseling session
220-7 prohibited from disclosure under the First Responders
221-8 Suicide Prevention Act.
222-9 (pp) Names and all identifying information relating to
223-10 an employee of an emergency services provider or law
224-11 enforcement agency under the First Responders Suicide
225-12 Prevention Act.
226-13 (qq) Information and records held by the Department of
227-14 Public Health and its authorized representatives collected
228-15 under the Reproductive Health Act.
229-16 (rr) Information that is exempt from disclosure under
230-17 the Cannabis Regulation and Tax Act.
231-18 (ss) Data reported by an employer to the Department of
232-19 Human Rights pursuant to Section 2-108 of the Illinois
233-20 Human Rights Act.
234-21 (tt) Recordings made under the Children's Advocacy
235-22 Center Act, except to the extent authorized under that
236-23 Act.
237-24 (uu) Information that is exempt from disclosure under
238-25 Section 50 of the Sexual Assault Evidence Submission Act.
239-26 (vv) Information that is exempt from disclosure under
240-
241-
242-
243-
244-
245- SB2655 Enrolled - 7 - LRB103 35186 KTG 65160 b
246-
247-
248-SB2655 Enrolled- 8 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 8 - LRB103 35186 KTG 65160 b
249- SB2655 Enrolled - 8 - LRB103 35186 KTG 65160 b
250-1 subsections (f) and (j) of Section 5-36 of the Illinois
251-2 Public Aid Code.
252-3 (ww) Information that is exempt from disclosure under
253-4 Section 16.8 of the State Treasurer Act.
254-5 (xx) Information that is exempt from disclosure or
255-6 information that shall not be made public under the
256-7 Illinois Insurance Code.
257-8 (yy) Information prohibited from being disclosed under
258-9 the Illinois Educational Labor Relations Act.
259-10 (zz) Information prohibited from being disclosed under
260-11 the Illinois Public Labor Relations Act.
261-12 (aaa) Information prohibited from being disclosed
262-13 under Section 1-167 of the Illinois Pension Code.
263-14 (bbb) Information that is prohibited from disclosure
264-15 by the Illinois Police Training Act and the Illinois State
265-16 Police Act.
266-17 (ccc) Records exempt from disclosure under Section
267-18 2605-304 of the Illinois State Police Law of the Civil
268-19 Administrative Code of Illinois.
269-20 (ddd) Information prohibited from being disclosed
270-21 under Section 35 of the Address Confidentiality for
271-22 Victims of Domestic Violence, Sexual Assault, Human
272-23 Trafficking, or Stalking Act.
273-24 (eee) Information prohibited from being disclosed
274-25 under subsection (b) of Section 75 of the Domestic
275-26 Violence Fatality Review Act.
276-
277-
278-
279-
280-
281- SB2655 Enrolled - 8 - LRB103 35186 KTG 65160 b
282-
283-
284-SB2655 Enrolled- 9 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 9 - LRB103 35186 KTG 65160 b
285- SB2655 Enrolled - 9 - LRB103 35186 KTG 65160 b
286-1 (fff) Images from cameras under the Expressway Camera
287-2 Act. This subsection (fff) is inoperative on and after
288-3 July 1, 2025.
289-4 (ggg) Information prohibited from disclosure under
290-5 paragraph (3) of subsection (a) of Section 14 of the Nurse
291-6 Agency Licensing Act.
292-7 (hhh) Information submitted to the Illinois State
293-8 Police in an affidavit or application for an assault
294-9 weapon endorsement, assault weapon attachment endorsement,
295-10 .50 caliber rifle endorsement, or .50 caliber cartridge
296-11 endorsement under the Firearm Owners Identification Card
297-12 Act.
298-13 (iii) Data exempt from disclosure under Section 50 of
299-14 the School Safety Drill Act.
300-15 (jjj) Information exempt from disclosure under Section
301-16 30 of the Insurance Data Security Law.
302-17 (kkk) Confidential business information prohibited
303-18 from disclosure under Section 45 of the Paint Stewardship
304-19 Act.
305-20 (lll) Data exempt from disclosure under Section
306-21 2-3.196 of the School Code.
307-22 (mmm) Information prohibited from being disclosed
308-23 under subsection (e) of Section 1-129 of the Illinois
309-24 Power Agency Act.
310-25 (nnn) Materials received by the Department of Commerce
311-26 and Economic Opportunity that are confidential under the
312-
313-
314-
315-
316-
317- SB2655 Enrolled - 9 - LRB103 35186 KTG 65160 b
318-
319-
320-SB2655 Enrolled- 10 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 10 - LRB103 35186 KTG 65160 b
321- SB2655 Enrolled - 10 - LRB103 35186 KTG 65160 b
322-1 Music and Musicians Tax Credit and Jobs Act.
323-2 (ooo) (nnn) Data or information provided pursuant to
324-3 Section 20 of the Statewide Recycling Needs and Assessment
325-4 Act.
326-5 (ppp) (nnn) Information that is exempt from disclosure
327-6 under Section 28-11 of the Lawful Health Care Activity
328-7 Act.
329-8 (qqq) (nnn) Information that is exempt from disclosure
330-9 under Section 7-101 of the Illinois Human Rights Act.
331-10 (rrr) (mmm) Information prohibited from being
332-11 disclosed under Section 4-2 of the Uniform Money
333-12 Transmission Modernization Act.
334-13 (sss) (nnn) Information exempt from disclosure under
335-14 Section 40 of the Student-Athlete Endorsement Rights Act.
336-15 (ttt) Audio recordings made under Section 30 of the
337-16 Illinois State Police Act, except to the extent authorized
338-17 under that Section.
339-18 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
340-19 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
341-20 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
342-21 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
343-22 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
344-23 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
345-24 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
346-25 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
347-26 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
348-
349-
350-
351-
352-
353- SB2655 Enrolled - 10 - LRB103 35186 KTG 65160 b
354-
355-
356-SB2655 Enrolled- 11 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 11 - LRB103 35186 KTG 65160 b
357- SB2655 Enrolled - 11 - LRB103 35186 KTG 65160 b
358-1 103-1049, eff. 8-9-24; revised 11-26-24.)
359-2 Section 10. The Illinois State Police Act is amended by
360-3 changing Section 30 as follows:
361-4 (20 ILCS 2610/30)
362-5 Sec. 30. Patrol vehicles with in-car video recording
363-6 cameras.
364-7 (a) Definitions. As used in this Section:
365-8 "Audio recording" means the recorded conversation
366-9 between an officer and a second party.
367-10 "Emergency lights" means oscillating, rotating, or
368-11 flashing lights on patrol vehicles.
369-12 "In-car video camera" means a video camera located in
370-13 an Illinois State Police patrol vehicle.
371-14 "In-car video camera recording equipment" means a
372-15 video camera recording system located in an Illinois State
373-16 Police patrol vehicle consisting of a camera assembly,
374-17 recording mechanism, and an in-car video recording medium.
375-18 "Enforcement stop" means an action by an officer of
376-19 the Illinois State Police in relation to enforcement and
377-20 investigation duties, including but not limited to,
378-21 traffic stops, pedestrian stops, abandoned vehicle
379-22 contacts, motorist assists, commercial motor vehicle
380-23 stops, roadside safety checks, requests for
381-24 identification, or responses to requests for emergency
382-
383-
384-
385-
386-
387- SB2655 Enrolled - 11 - LRB103 35186 KTG 65160 b
388-
389-
390-SB2655 Enrolled- 12 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 12 - LRB103 35186 KTG 65160 b
391- SB2655 Enrolled - 12 - LRB103 35186 KTG 65160 b
392-1 assistance.
393-2 "Recording" means the process of capturing data or
394-3 information stored on a recording medium as required under
395-4 this Section.
396-5 "Recording medium" means any recording medium
397-6 authorized by the Illinois State Police for the retention
398-7 and playback of recorded audio and video including, but
399-8 not limited to, VHS, DVD, hard drive, solid state,
400-9 digital, or flash memory technology.
401-10 "Wireless microphone" means a device worn by the
402-11 officer or any other equipment used to record
403-12 conversations between the officer and a second party and
404-13 transmitted to the recording equipment. "Wireless
405-14 microphone" includes a body-worn camera that is capable of
406-15 recording audio.
407-16 (b) By June 1, 2009, the Illinois State Police shall
408-17 install in-car video camera recording equipment in all patrol
409-18 vehicles. Subject to appropriation, all patrol vehicles shall
410-19 be equipped with in-car video camera recording equipment with
411-20 a recording medium capable of recording for a period of 10
412-21 hours or more by June 1, 2011. In-car video camera recording
413-22 equipment shall be capable of making audio recordings with the
414-23 assistance of a wireless microphone.
415-24 (c) As of the effective date of this amendatory Act of the
416-25 95th General Assembly, in-car video camera recording equipment
417-26 with a recording medium incapable of recording for a period of
418-
419-
420-
421-
422-
423- SB2655 Enrolled - 12 - LRB103 35186 KTG 65160 b
424-
425-
426-SB2655 Enrolled- 13 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 13 - LRB103 35186 KTG 65160 b
427- SB2655 Enrolled - 13 - LRB103 35186 KTG 65160 b
428-1 10 hours or more shall record activities outside a patrol
429-2 vehicle whenever (i) an officer assigned a patrol vehicle is
430-3 conducting an enforcement stop; (ii) patrol vehicle emergency
431-4 lights are activated or would otherwise be activated if not
432-5 for the need to conceal the presence of law enforcement; or
433-6 (iii) an officer reasonably believes recording may assist with
434-7 prosecution, enhance safety, or for any other lawful purpose.
435-8 As of the effective date of this amendatory Act of the 95th
436-9 General Assembly, in-car video camera recording equipment with
437-10 a recording medium incapable of recording for a period of 10
438-11 hours or more shall record activities inside the vehicle when
439-12 transporting an arrestee or when an officer reasonably
440-13 believes recording may assist with prosecution, enhance
441-14 safety, or for any other lawful purpose.
442-15 (1) Recording for an enforcement stop shall begin when
443-16 the officer determines an enforcement stop is necessary
444-17 and shall continue until the enforcement action has been
445-18 completed and the subject of the enforcement stop or the
446-19 officer has left the scene.
447-20 (2) Recording shall begin when patrol vehicle
448-21 emergency lights are activated or when they would
449-22 otherwise be activated if not for the need to conceal the
450-23 presence of law enforcement, and shall continue until the
451-24 reason for the activation ceases to exist, regardless of
452-25 whether the emergency lights are no longer activated.
453-26 (3) An officer may begin recording if the officer
454-
455-
456-
457-
458-
459- SB2655 Enrolled - 13 - LRB103 35186 KTG 65160 b
460-
461-
462-SB2655 Enrolled- 14 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 14 - LRB103 35186 KTG 65160 b
463- SB2655 Enrolled - 14 - LRB103 35186 KTG 65160 b
464-1 reasonably believes recording may assist with prosecution,
465-2 enhance safety, or for any other lawful purpose; and shall
466-3 continue until the reason for recording ceases to exist.
467-4 (4) If an officer's officer-worn body camera is turned
468-5 off at the request of a victim or witness of a crime in
469-6 accordance with paragraph (4) of subsection (a) of Section
470-7 10-20 of the Law Enforcement Officer-Worn Body Camera Act,
471-8 then the officer shall inform the victim or witness that
472-9 the in-car video recording will continue recording video.
473-10 (d) In-car video camera recording equipment with a
474-11 recording medium capable of recording for a period of 10 hours
475-12 or more shall record activities whenever a patrol vehicle is
476-13 assigned to patrol duty.
477-14 (e) Any enforcement stop resulting from a suspected
478-15 violation of the Illinois Vehicle Code shall be video and
479-16 audio recorded. Audio recording shall terminate upon release
480-17 of the violator and prior to initiating a separate criminal
481-18 investigation.
482-19 (f) Recordings made on in-car video camera recording
483-20 medium shall be retained by the Illinois State Police in the
484-21 same manner and for the same time periods as recordings made on
485-22 officer-worn cameras under Section 10-20 of the Law
486-23 Enforcement Officer-Worn Body Camera Act for a storage period
487-24 of at least 90 days. Under no circumstances shall any
488-25 recording made on in-car video camera recording medium be
489-26 altered or erased prior to the expiration of the designated
490-
491-
492-
493-
494-
495- SB2655 Enrolled - 14 - LRB103 35186 KTG 65160 b
496-
497-
498-SB2655 Enrolled- 15 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 15 - LRB103 35186 KTG 65160 b
499- SB2655 Enrolled - 15 - LRB103 35186 KTG 65160 b
500-1 storage period. Upon completion of the storage period, the
501-2 recording medium may be erased and reissued for operational
502-3 use unless otherwise ordered by the District Commander or his
503-4 or her designee or by a court, or if designated for evidentiary
504-5 or training purposes.
505-6 (g) Video Audio or video recordings made under pursuant to
506-7 this Section shall be available under the applicable
507-8 provisions of the Freedom of Information Act. Only recorded
508-9 portions of the audio recording or video recording medium
509-10 applicable to the request will be available for inspection or
510-11 copying.
511-12 (g-5) Audio recordings made under this Section shall be
512-13 available in the same manner as recordings made with an
513-14 officer-worn body camera under subsection (b) of Section 10-20
514-15 of the Law Enforcement Officer-Worn Body Camera Act.
515-16 (h) The Illinois State Police shall ensure proper care and
516-17 maintenance of in-car video camera recording equipment and
517-18 recording medium. An officer operating a patrol vehicle must
518-19 immediately document and notify the District Commander or his
519-20 or her designee of any technical difficulties, failures, or
520-21 problems with the in-car video camera recording equipment or
521-22 recording medium. Upon receiving notice, the District
522-23 Commander or his or her designee shall make every reasonable
523-24 effort to correct and repair any of the in-car video camera
524-25 recording equipment or recording medium and determine if it is
525-26 in the public interest to permit the use of the patrol vehicle.
526-
527-
528-
529-
530-
531- SB2655 Enrolled - 15 - LRB103 35186 KTG 65160 b
532-
533-
534-SB2655 Enrolled- 16 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 16 - LRB103 35186 KTG 65160 b
535- SB2655 Enrolled - 16 - LRB103 35186 KTG 65160 b
536-1 (i) The Illinois State Police may promulgate rules to
537-2 implement this amendatory Act of the 95th General Assembly
538-3 only to the extent necessary to apply the existing rules or
539-4 applicable internal directives.
540-5 (Source: P.A. 102-538, eff. 8-20-21.)
541-6 Section 15. The Law Enforcement Camera Grant Act is
542-7 amended by changing Section 15 as follows:
543-8 (50 ILCS 707/15)
544-9 Sec. 15. Rules; in-car video camera grants.
545-10 (a) The Board shall develop model rules for the use of
546-11 in-car video cameras to be adopted by law enforcement agencies
547-12 that receive grants under Section 10 of this Act. The rules
548-13 shall include all of the following requirements:
549-14 (1) Cameras must be installed in the law enforcement
550-15 agency vehicles.
551-16 (2) Video recording must provide audio of the officer
552-17 when the officer is outside of the vehicle.
553-18 (3) Camera access must be restricted to the
554-19 supervisors of the officer in the vehicle.
555-20 (4) Cameras must be turned on continuously throughout
556-21 the officer's shift.
557-22 (5) A copy of the video record must be made available
558-23 upon request to personnel of the law enforcement agency,
559-24 the local State's Attorney, and any persons depicted in
560-
561-
562-
563-
564-
565- SB2655 Enrolled - 16 - LRB103 35186 KTG 65160 b
566-
567-
568-SB2655 Enrolled- 17 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 17 - LRB103 35186 KTG 65160 b
569- SB2655 Enrolled - 17 - LRB103 35186 KTG 65160 b
570-1 the video. Procedures for distribution of the video record
571-2 must include safeguards to protect the identities of
572-3 individuals who are not a party to the requested stop.
573-4 (6) Law enforcement agencies that receive moneys under
574-5 this grant shall provide for storage of the video records
575-6 for a period of not less than 2 years.
576-7 (b) Each law enforcement agency receiving a grant for
577-8 in-car video cameras under Section 10 of this Act must provide
578-9 an annual report to the Board, the Governor, and the General
579-10 Assembly on or before May 1 of the year following the receipt
580-11 of the grant and by each May 1 thereafter during the period of
581-12 the grant. The report shall include the following:
582-13 (1) the number of cameras received by the law
583-14 enforcement agency;
584-15 (2) the number of cameras actually installed in law
585-16 enforcement agency vehicles;
586-17 (3) a brief description of the review process used by
587-18 supervisors within the law enforcement agency;
588-19 (4) a list of any criminal, traffic, ordinance, and
589-20 civil cases in which in-car video recordings were used,
590-21 including party names, case numbers, offenses charged, and
591-22 disposition of the matter. Proceedings to which this
592-23 paragraph (4) applies include, but are not limited to,
593-24 court proceedings, coroner's inquests, grand jury
594-25 proceedings, and plea bargains; and
595-26 (5) any other information relevant to the
596-
597-
598-
599-
600-
601- SB2655 Enrolled - 17 - LRB103 35186 KTG 65160 b
602-
603-
604-SB2655 Enrolled- 18 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 18 - LRB103 35186 KTG 65160 b
605- SB2655 Enrolled - 18 - LRB103 35186 KTG 65160 b
606-1 administration of the program.
607-2 (Source: P.A. 99-352, eff. 1-1-16.)
608-3 Section 20. The Criminal Code of 2012 is amended by
609-4 changing Sections 11-20.1 and 11-20.4 as follows:
610-5 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
611-6 Sec. 11-20.1. Child pornography.
612-7 (a) A person commits child pornography who:
613-8 (1) films, videotapes, photographs, or otherwise
614-9 depicts or portrays by means of any similar visual medium
615-10 or reproduction or depicts by computer any child whom he
616-11 or she knows or reasonably should know to be under the age
617-12 of 18 or any person with a severe or profound intellectual
618-13 disability where such child or person with a severe or
619-14 profound intellectual disability is:
620-15 (i) actually or by simulation engaged in any act
621-16 of sexual penetration or sexual conduct with any
622-17 person or animal; or
623-18 (ii) actually or by simulation engaged in any act
624-19 of sexual penetration or sexual conduct involving the
625-20 sex organs of the child or person with a severe or
626-21 profound intellectual disability and the mouth, anus,
627-22 or sex organs of another person or animal; or which
628-23 involves the mouth, anus or sex organs of the child or
629-24 person with a severe or profound intellectual
630-
631-
632-
633-
634-
635- SB2655 Enrolled - 18 - LRB103 35186 KTG 65160 b
636-
637-
638-SB2655 Enrolled- 19 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 19 - LRB103 35186 KTG 65160 b
639- SB2655 Enrolled - 19 - LRB103 35186 KTG 65160 b
640-1 disability and the sex organs of another person or
641-2 animal; or
642-3 (iii) actually or by simulation engaged in any act
643-4 of masturbation; or
644-5 (iv) actually or by simulation portrayed as being
645-6 the object of, or otherwise engaged in, any act of lewd
646-7 fondling, touching, or caressing involving another
647-8 person or animal; or
648-9 (v) actually or by simulation engaged in any act
649-10 of excretion or urination within a sexual context; or
650-11 (vi) actually or by simulation portrayed or
651-12 depicted as bound, fettered, or subject to sadistic,
652-13 masochistic, or sadomasochistic abuse in any sexual
653-14 context; or
654-15 (vii) depicted or portrayed in any pose, posture
655-16 or setting involving a lewd exhibition of the
656-17 unclothed or transparently clothed genitals, pubic
657-18 area, buttocks, or, if such person is female, a fully
658-19 or partially developed breast of the child or other
659-20 person; or
660-21 (2) with the knowledge of the nature or content
661-22 thereof, reproduces, disseminates, offers to disseminate,
662-23 exhibits or possesses with intent to disseminate any film,
663-24 videotape, photograph or other similar visual reproduction
664-25 or depiction by computer of any child or person with a
665-26 severe or profound intellectual disability whom the person
666-
667-
668-
669-
670-
671- SB2655 Enrolled - 19 - LRB103 35186 KTG 65160 b
672-
673-
674-SB2655 Enrolled- 20 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 20 - LRB103 35186 KTG 65160 b
675- SB2655 Enrolled - 20 - LRB103 35186 KTG 65160 b
676-1 knows or reasonably should know to be under the age of 18
677-2 or to be a person with a severe or profound intellectual
678-3 disability, engaged in any activity described in
679-4 subparagraphs (i) through (vii) of paragraph (1) of this
680-5 subsection; or
681-6 (3) with knowledge of the subject matter or theme
682-7 thereof, produces any stage play, live performance, film,
683-8 videotape or other similar visual portrayal or depiction
684-9 by computer which includes a child whom the person knows
685-10 or reasonably should know to be under the age of 18 or a
686-11 person with a severe or profound intellectual disability
687-12 engaged in any activity described in subparagraphs (i)
688-13 through (vii) of paragraph (1) of this subsection; or
689-14 (4) solicits, uses, persuades, induces, entices, or
690-15 coerces any child whom he or she knows or reasonably
691-16 should know to be under the age of 18 or a person with a
692-17 severe or profound intellectual disability to appear in
693-18 any stage play, live presentation, film, videotape,
694-19 photograph or other similar visual reproduction or
695-20 depiction by computer in which the child or person with a
696-21 severe or profound intellectual disability is or will be
697-22 depicted, actually or by simulation, in any act, pose or
698-23 setting described in subparagraphs (i) through (vii) of
699-24 paragraph (1) of this subsection; or
700-25 (5) is a parent, step-parent, legal guardian or other
701-26 person having care or custody of a child whom the person
702-
703-
704-
705-
706-
707- SB2655 Enrolled - 20 - LRB103 35186 KTG 65160 b
708-
709-
710-SB2655 Enrolled- 21 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 21 - LRB103 35186 KTG 65160 b
711- SB2655 Enrolled - 21 - LRB103 35186 KTG 65160 b
712-1 knows or reasonably should know to be under the age of 18
713-2 or a person with a severe or profound intellectual
714-3 disability and who knowingly permits, induces, promotes,
715-4 or arranges for such child or person with a severe or
716-5 profound intellectual disability to appear in any stage
717-6 play, live performance, film, videotape, photograph or
718-7 other similar visual presentation, portrayal or simulation
719-8 or depiction by computer of any act or activity described
720-9 in subparagraphs (i) through (vii) of paragraph (1) of
721-10 this subsection; or
722-11 (6) with knowledge of the nature or content thereof,
723-12 possesses any film, videotape, photograph or other similar
724-13 visual reproduction or depiction by computer of any child
725-14 or person with a severe or profound intellectual
726-15 disability whom the person knows or reasonably should know
727-16 to be under the age of 18 or to be a person with a severe
728-17 or profound intellectual disability, engaged in any
729-18 activity described in subparagraphs (i) through (vii) of
730-19 paragraph (1) of this subsection; or
731-20 (7) solicits, or knowingly uses, persuades, induces,
732-21 entices, or coerces, a person to provide a child under the
733-22 age of 18 or a person with a severe or profound
734-23 intellectual disability to appear in any videotape,
735-24 photograph, film, stage play, live presentation, or other
736-25 similar visual reproduction or depiction by computer in
737-26 which the child or person with a severe or profound
738-
739-
740-
741-
742-
743- SB2655 Enrolled - 21 - LRB103 35186 KTG 65160 b
744-
745-
746-SB2655 Enrolled- 22 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 22 - LRB103 35186 KTG 65160 b
747- SB2655 Enrolled - 22 - LRB103 35186 KTG 65160 b
748-1 intellectual disability will be depicted, actually or by
749-2 simulation, in any act, pose, or setting described in
750-3 subparagraphs (i) through (vii) of paragraph (1) of this
751-4 subsection.
752-5 (a-5) The possession of each individual film, videotape,
753-6 photograph, or other similar visual reproduction or depiction
754-7 by computer in violation of this Section constitutes a single
755-8 and separate violation. This subsection (a-5) does not apply
756-9 to multiple copies of the same film, videotape, photograph, or
757-10 other similar visual reproduction or depiction by computer
758-11 that are identical to each other.
759-12 (b)(1) It shall be an affirmative defense to a charge of
760-13 child pornography that the defendant reasonably believed,
761-14 under all of the circumstances, that the child was 18 years of
762-15 age or older or that the person was not a person with a severe
763-16 or profound intellectual disability but only where, prior to
764-17 the act or acts giving rise to a prosecution under this
765-18 Section, he or she took some affirmative action or made a
766-19 bonafide inquiry designed to ascertain whether the child was
767-20 18 years of age or older or that the person was not a person
768-21 with a severe or profound intellectual disability and his or
769-22 her reliance upon the information so obtained was clearly
770-23 reasonable.
771-24 (1.5) Telecommunications carriers, commercial mobile
772-25 service providers, and providers of information services,
773-26 including, but not limited to, Internet service providers and
774-
775-
776-
777-
778-
779- SB2655 Enrolled - 22 - LRB103 35186 KTG 65160 b
780-
781-
782-SB2655 Enrolled- 23 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 23 - LRB103 35186 KTG 65160 b
783- SB2655 Enrolled - 23 - LRB103 35186 KTG 65160 b
784-1 hosting service providers, are not liable under this Section
785-2 by virtue of the transmission, storage, or caching of
786-3 electronic communications or messages of others or by virtue
787-4 of the provision of other related telecommunications,
788-5 commercial mobile services, or information services used by
789-6 others in violation of this Section.
790-7 (2) (Blank).
791-8 (3) The charge of child pornography shall not apply to the
792-9 performance of official duties by law enforcement or
793-10 prosecuting officers or persons employed by law enforcement or
794-11 prosecuting agencies, court personnel or attorneys, nor to
795-12 bonafide treatment or professional education programs
796-13 conducted by licensed physicians, psychologists or social
797-14 workers. In any criminal proceeding, any property or material
798-15 that constitutes child pornography shall remain in the care,
799-16 custody, and control of either the State or the court. A motion
800-17 to view the evidence shall comply with subsection (e-5) of
801-18 this Section.
802-19 (3.5) The charge of child pornography does not apply to
803-20 the creator of a film, video, photograph, or other similar
804-21 visual image or depiction in which the creator is the sole
805-22 subject of the film, video, photograph, or other similar
806-23 visual image or depiction.
807-24 (4) If the defendant possessed more than one of the same
808-25 film, videotape or visual reproduction or depiction by
809-26 computer in which child pornography is depicted, then the
810-
811-
812-
813-
814-
815- SB2655 Enrolled - 23 - LRB103 35186 KTG 65160 b
816-
817-
818-SB2655 Enrolled- 24 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 24 - LRB103 35186 KTG 65160 b
819- SB2655 Enrolled - 24 - LRB103 35186 KTG 65160 b
820-1 trier of fact may infer that the defendant possessed such
821-2 materials with the intent to disseminate them.
822-3 (5) The charge of child pornography does not apply to a
823-4 person who does not voluntarily possess a film, videotape, or
824-5 visual reproduction or depiction by computer in which child
825-6 pornography is depicted. Possession is voluntary if the
826-7 defendant knowingly procures or receives a film, videotape, or
827-8 visual reproduction or depiction for a sufficient time to be
828-9 able to terminate his or her possession.
829-10 (6) Any violation of paragraph (1), (2), (3), (4), (5), or
830-11 (7) of subsection (a) that includes a child engaged in,
831-12 solicited for, depicted in, or posed in any act of sexual
832-13 penetration or bound, fettered, or subject to sadistic,
833-14 masochistic, or sadomasochistic abuse in a sexual context
834-15 shall be deemed a crime of violence.
835-16 (c) If the violation does not involve a film, videotape,
836-17 or other moving depiction, a violation of paragraph (1), (4),
837-18 (5), or (7) of subsection (a) is a Class 1 felony with a
838-19 mandatory minimum fine of $2,000 and a maximum fine of
839-20 $100,000. If the violation involves a film, videotape, or
840-21 other moving depiction, a violation of paragraph (1), (4),
841-22 (5), or (7) of subsection (a) is a Class X felony with a
842-23 mandatory minimum fine of $2,000 and a maximum fine of
843-24 $100,000. If the violation does not involve a film, videotape,
844-25 or other moving depiction, a violation of paragraph (3) of
845-26 subsection (a) is a Class 1 felony with a mandatory minimum
846-
847-
848-
849-
850-
851- SB2655 Enrolled - 24 - LRB103 35186 KTG 65160 b
852-
853-
854-SB2655 Enrolled- 25 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 25 - LRB103 35186 KTG 65160 b
855- SB2655 Enrolled - 25 - LRB103 35186 KTG 65160 b
856-1 fine of $1500 and a maximum fine of $100,000. If the violation
857-2 involves a film, videotape, or other moving depiction, a
858-3 violation of paragraph (3) of subsection (a) is a Class X
859-4 felony with a mandatory minimum fine of $1500 and a maximum
860-5 fine of $100,000. If the violation does not involve a film,
861-6 videotape, or other moving depiction, a violation of paragraph
862-7 (2) of subsection (a) is a Class 1 felony with a mandatory
863-8 minimum fine of $1000 and a maximum fine of $100,000. If the
864-9 violation involves a film, videotape, or other moving
865-10 depiction, a violation of paragraph (2) of subsection (a) is a
866-11 Class X felony with a mandatory minimum fine of $1000 and a
867-12 maximum fine of $100,000. If the violation does not involve a
868-13 film, videotape, or other moving depiction, a violation of
869-14 paragraph (6) of subsection (a) is a Class 3 felony with a
870-15 mandatory minimum fine of $1000 and a maximum fine of
871-16 $100,000. If the violation involves a film, videotape, or
872-17 other moving depiction, a violation of paragraph (6) of
873-18 subsection (a) is a Class 2 felony with a mandatory minimum
874-19 fine of $1000 and a maximum fine of $100,000.
875-20 (c-5) Where the child depicted is under the age of 13, a
876-21 violation of paragraph (1), (2), (3), (4), (5), or (7) of
877-22 subsection (a) is a Class X felony with a mandatory minimum
878-23 fine of $2,000 and a maximum fine of $100,000. Where the child
879-24 depicted is under the age of 13, a violation of paragraph (6)
880-25 of subsection (a) is a Class 2 felony with a mandatory minimum
881-26 fine of $1,000 and a maximum fine of $100,000. Where the child
882-
883-
884-
885-
886-
887- SB2655 Enrolled - 25 - LRB103 35186 KTG 65160 b
888-
889-
890-SB2655 Enrolled- 26 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 26 - LRB103 35186 KTG 65160 b
891- SB2655 Enrolled - 26 - LRB103 35186 KTG 65160 b
892-1 depicted is under the age of 13, a person who commits a
893-2 violation of paragraph (1), (2), (3), (4), (5), or (7) of
894-3 subsection (a) where the defendant has previously been
895-4 convicted under the laws of this State or any other state of
896-5 the offense of child pornography, aggravated child
897-6 pornography, aggravated criminal sexual abuse, aggravated
898-7 criminal sexual assault, predatory criminal sexual assault of
899-8 a child, or any of the offenses formerly known as rape, deviate
900-9 sexual assault, indecent liberties with a child, or aggravated
901-10 indecent liberties with a child where the victim was under the
902-11 age of 18 years or an offense that is substantially equivalent
903-12 to those offenses, is guilty of a Class X felony for which the
904-13 person shall be sentenced to a term of imprisonment of not less
905-14 than 9 years with a mandatory minimum fine of $2,000 and a
906-15 maximum fine of $100,000. Where the child depicted is under
907-16 the age of 13, a person who commits a violation of paragraph
908-17 (6) of subsection (a) where the defendant has previously been
909-18 convicted under the laws of this State or any other state of
910-19 the offense of child pornography, aggravated child
911-20 pornography, aggravated criminal sexual abuse, aggravated
912-21 criminal sexual assault, predatory criminal sexual assault of
913-22 a child, or any of the offenses formerly known as rape, deviate
914-23 sexual assault, indecent liberties with a child, or aggravated
915-24 indecent liberties with a child where the victim was under the
916-25 age of 18 years or an offense that is substantially equivalent
917-26 to those offenses, is guilty of a Class 1 felony with a
918-
919-
920-
921-
922-
923- SB2655 Enrolled - 26 - LRB103 35186 KTG 65160 b
924-
925-
926-SB2655 Enrolled- 27 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 27 - LRB103 35186 KTG 65160 b
927- SB2655 Enrolled - 27 - LRB103 35186 KTG 65160 b
928-1 mandatory minimum fine of $1,000 and a maximum fine of
929-2 $100,000. The issue of whether the child depicted is under the
930-3 age of 13 is an element of the offense to be resolved by the
931-4 trier of fact.
932-5 (d) If a person is convicted of a second or subsequent
933-6 violation of this Section within 10 years of a prior
934-7 conviction, the court shall order a presentence psychiatric
935-8 examination of the person. The examiner shall report to the
936-9 court whether treatment of the person is necessary.
937-10 (e) Any film, videotape, photograph or other similar
938-11 visual reproduction or depiction by computer which includes a
939-12 child under the age of 18 or a person with a severe or profound
940-13 intellectual disability engaged in any activity described in
941-14 subparagraphs (i) through (vii) or paragraph 1 of subsection
942-15 (a), and any material or equipment used or intended for use in
943-16 photographing, filming, printing, producing, reproducing,
944-17 manufacturing, projecting, exhibiting, depiction by computer,
945-18 or disseminating such material shall be seized and forfeited
946-19 in the manner, method and procedure provided by Section 36-1
947-20 of this Code for the seizure and forfeiture of vessels,
948-21 vehicles and aircraft.
949-22 In addition, any person convicted under this Section is
950-23 subject to the property forfeiture provisions set forth in
951-24 Article 124B of the Code of Criminal Procedure of 1963.
952-25 (e-5) Upon the conclusion of a case brought under this
953-26 Section, the court shall seal all evidence depicting a victim
954-
955-
956-
957-
958-
959- SB2655 Enrolled - 27 - LRB103 35186 KTG 65160 b
960-
961-
962-SB2655 Enrolled- 28 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 28 - LRB103 35186 KTG 65160 b
963- SB2655 Enrolled - 28 - LRB103 35186 KTG 65160 b
964-1 or witness that is sexually explicit. The evidence may be
965-2 unsealed and viewed, on a motion of the party seeking to unseal
966-3 and view the evidence, only for good cause shown and in the
967-4 discretion of the court. The motion must expressly set forth
968-5 the purpose for viewing the material. The State's attorney and
969-6 the victim, if possible, shall be provided reasonable notice
970-7 of the hearing on the motion to unseal the evidence. Any person
971-8 entitled to notice of a hearing under this subsection (e-5)
972-9 may object to the motion.
973-10 (f) Definitions. For the purposes of this Section:
974-11 (1) "Disseminate" means (i) to sell, distribute,
975-12 exchange or transfer possession, whether with or without
976-13 consideration or (ii) to make a depiction by computer
977-14 available for distribution or downloading through the
978-15 facilities of any telecommunications network or through
979-16 any other means of transferring computer programs or data
980-17 to a computer.
981-18 (2) "Produce" means to direct, promote, advertise,
982-19 publish, manufacture, issue, present or show.
983-20 (3) "Reproduce" means to make a duplication or copy.
984-21 (4) "Depict by computer" means to generate or create,
985-22 or cause to be created or generated, a computer program or
986-23 data that, after being processed by a computer either
987-24 alone or in conjunction with one or more computer
988-25 programs, results in a visual depiction on a computer
989-26 monitor, screen, or display.
990-
991-
992-
993-
994-
995- SB2655 Enrolled - 28 - LRB103 35186 KTG 65160 b
996-
997-
998-SB2655 Enrolled- 29 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 29 - LRB103 35186 KTG 65160 b
999- SB2655 Enrolled - 29 - LRB103 35186 KTG 65160 b
1000-1 (5) "Depiction by computer" means a computer program
1001-2 or data that, after being processed by a computer either
1002-3 alone or in conjunction with one or more computer
1003-4 programs, results in a visual depiction on a computer
1004-5 monitor, screen, or display.
1005-6 (6) "Computer", "computer program", and "data" have
1006-7 the meanings ascribed to them in Section 17.05 of this
1007-8 Code.
1008-9 (7) For the purposes of this Section, "child
1009-10 pornography" includes a film, videotape, photograph, or
1010-11 other similar visual medium or reproduction or depiction
1011-12 by computer that is, or appears to be, that of a person,
1012-13 either in part, or in total, under the age of 18 or a
1013-14 person with a severe or profound intellectual disability,
1014-15 regardless of the method by which the film, videotape,
1015-16 photograph, or other similar visual medium or reproduction
1016-17 or depiction by computer is created, adopted, or modified
1017-18 to appear as such. "Child pornography" also includes a
1018-19 film, videotape, photograph, or other similar visual
1019-20 medium or reproduction or depiction by computer that is
1020-21 advertised, promoted, presented, described, or distributed
1021-22 in such a manner that conveys the impression that the
1022-23 film, videotape, photograph, or other similar visual
1023-24 medium or reproduction or depiction by computer is of a
1024-25 person under the age of 18 or a person with a severe or
1025-26 profound intellectual disability. "Child pornography"
1026-
1027-
1028-
1029-
1030-
1031- SB2655 Enrolled - 29 - LRB103 35186 KTG 65160 b
1032-
1033-
1034-SB2655 Enrolled- 30 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 30 - LRB103 35186 KTG 65160 b
1035- SB2655 Enrolled - 30 - LRB103 35186 KTG 65160 b
1036-1 includes the depiction of a part of an actual child under
1037-2 the age of 18 who, by manipulation, creation, or
1038-3 modification, appears to be engaged in any activity
1039-4 described in subparagraphs (i) through (vii) of paragraph
1040-5 (1) of subsection (a). "Child pornography" does not
1041-6 include images or materials in which the creator of the
1042-7 image or materials is the sole subject of the depiction.
1043-8 (g) Re-enactment; findings; purposes.
1044-9 (1) The General Assembly finds and declares that:
1045-10 (i) Section 50-5 of Public Act 88-680, effective
1046-11 January 1, 1995, contained provisions amending the
1047-12 child pornography statute, Section 11-20.1 of the
1048-13 Criminal Code of 1961. Section 50-5 also contained
1049-14 other provisions.
1050-15 (ii) In addition, Public Act 88-680 was entitled
1051-16 "AN ACT to create a Safe Neighborhoods Law". (A)
1052-17 Article 5 was entitled JUVENILE JUSTICE and amended
1053-18 the Juvenile Court Act of 1987. (B) Article 15 was
1054-19 entitled GANGS and amended various provisions of the
1055-20 Criminal Code of 1961 and the Unified Code of
1056-21 Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
1057-22 and amended various provisions of the Illinois Vehicle
1058-23 Code. (D) Article 25 was entitled DRUG ABUSE and
1059-24 amended the Cannabis Control Act and the Illinois
1060-25 Controlled Substances Act. (E) Article 30 was entitled
1061-26 FIREARMS and amended the Criminal Code of 1961 and the
1062-
1063-
1064-
1065-
1066-
1067- SB2655 Enrolled - 30 - LRB103 35186 KTG 65160 b
1068-
1069-
1070-SB2655 Enrolled- 31 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 31 - LRB103 35186 KTG 65160 b
1071- SB2655 Enrolled - 31 - LRB103 35186 KTG 65160 b
1072-1 Code of Criminal Procedure of 1963. (F) Article 35
1073-2 amended the Criminal Code of 1961, the Rights of Crime
1074-3 Victims and Witnesses Act, and the Unified Code of
1075-4 Corrections. (G) Article 40 amended the Criminal Code
1076-5 of 1961 to increase the penalty for compelling
1077-6 organization membership of persons. (H) Article 45
1078-7 created the Secure Residential Youth Care Facility
1079-8 Licensing Act and amended the State Finance Act, the
1080-9 Juvenile Court Act of 1987, the Unified Code of
1081-10 Corrections, and the Private Correctional Facility
1082-11 Moratorium Act. (I) Article 50 amended the WIC Vendor
1083-12 Management Act, the Firearm Owners Identification Card
1084-13 Act, the Juvenile Court Act of 1987, the Criminal Code
1085-14 of 1961, the Wrongs to Children Act, and the Unified
1086-15 Code of Corrections.
1087-16 (iii) On September 22, 1998, the Third District
1088-17 Appellate Court in People v. Dainty, 701 N.E. 2d 118,
1089-18 ruled that Public Act 88-680 violates the single
1090-19 subject clause of the Illinois Constitution (Article
1091-20 IV, Section 8 (d)) and was unconstitutional in its
1092-21 entirety. As of the time this amendatory Act of 1999
1093-22 was prepared, People v. Dainty was still subject to
1094-23 appeal.
1095-24 (iv) Child pornography is a vital concern to the
1096-25 people of this State and the validity of future
1097-26 prosecutions under the child pornography statute of
1098-
1099-
1100-
1101-
1102-
1103- SB2655 Enrolled - 31 - LRB103 35186 KTG 65160 b
1104-
1105-
1106-SB2655 Enrolled- 32 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 32 - LRB103 35186 KTG 65160 b
1107- SB2655 Enrolled - 32 - LRB103 35186 KTG 65160 b
1108-1 the Criminal Code of 1961 is in grave doubt.
1109-2 (2) It is the purpose of this amendatory Act of 1999 to
1110-3 prevent or minimize any problems relating to prosecutions
1111-4 for child pornography that may result from challenges to
1112-5 the constitutional validity of Public Act 88-680 by
1113-6 re-enacting the Section relating to child pornography that
1114-7 was included in Public Act 88-680.
1115-8 (3) This amendatory Act of 1999 re-enacts Section
1116-9 11-20.1 of the Criminal Code of 1961, as it has been
1117-10 amended. This re-enactment is intended to remove any
1118-11 question as to the validity or content of that Section; it
1119-12 is not intended to supersede any other Public Act that
1120-13 amends the text of the Section as set forth in this
1121-14 amendatory Act of 1999. The material is shown as existing
1122-15 text (i.e., without underscoring) because, as of the time
1123-16 this amendatory Act of 1999 was prepared, People v. Dainty
1124-17 was subject to appeal to the Illinois Supreme Court.
1125-18 (4) The re-enactment by this amendatory Act of 1999 of
1126-19 Section 11-20.1 of the Criminal Code of 1961 relating to
1127-20 child pornography that was amended by Public Act 88-680 is
1128-21 not intended, and shall not be construed, to imply that
1129-22 Public Act 88-680 is invalid or to limit or impair any
1130-23 legal argument concerning whether those provisions were
1131-24 substantially re-enacted by other Public Acts.
1132-25 (Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.)
1133-
1134-
1135-
1136-
1137-
1138- SB2655 Enrolled - 32 - LRB103 35186 KTG 65160 b
1139-
1140-
1141-SB2655 Enrolled- 33 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 33 - LRB103 35186 KTG 65160 b
1142- SB2655 Enrolled - 33 - LRB103 35186 KTG 65160 b
1143-1 (720 ILCS 5/11-20.4)
1144-2 Sec. 11-20.4. Obscene depiction of a purported child.
1145-3 (a) In this Section:
1146-4 "Indistinguishable" means that the visual
1147-5 representation is such that an ordinary person viewing the
1148-6 visual representation would conclude that the visual
1149-7 representation is of an actual child.
1150-8 "Obscene depiction" means a visual representation of
1151-9 any kind, including an image, video, or computer-generated
1152-10 image or video, whether made, produced, or altered by
1153-11 electronic, mechanical, or other means, that:
1154-12 (i) the average person, applying contemporary
1155-13 adult community standards, would find that, taken as a
1156-14 whole, it appeals to the prurient interest;
1157-15 (ii) the average person, applying contemporary
1158-16 adult community standards, would find that it depicts
1159-17 or describes, in a patently offensive way, sexual acts
1160-18 or sadomasochistic sexual acts, whether normal or
1161-19 perverted, actual or simulated, or masturbation,
1162-20 excretory functions, or lewd exhibition of the
1163-21 unclothed or transparently clothed genitals, pubic
1164-22 area, buttocks or, if such person is a female, the
1165-23 fully or partially developed breast of the child or
1166-24 other person; and
1167-25 (iii) taken as a whole, it lacks serious literary,
1168-26 artistic, political, or scientific value.
1169-
1170-
1171-
1172-
1173-
1174- SB2655 Enrolled - 33 - LRB103 35186 KTG 65160 b
1175-
1176-
1177-SB2655 Enrolled- 34 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 34 - LRB103 35186 KTG 65160 b
1178- SB2655 Enrolled - 34 - LRB103 35186 KTG 65160 b
1179-1 "Purported child" means a visual representation that
1180-2 depicts an individual indistinguishable from an actual
1181-3 appears to depict a child under the age of 18 but may or
1182-4 may not depict an actual child under the age of 18.
1183-5 (b) A person commits obscene depiction of a purported
1184-6 child when, with knowledge of the nature or content thereof,
1185-7 the person:
1186-8 (1) receives, obtains, or accesses in any way with the
1187-9 intent to view, any obscene depiction of a purported
1188-10 child; or
1189-11 (2) reproduces, disseminates, offers to disseminate,
1190-12 exhibits, or possesses with intent to disseminate, any
1191-13 obscene depiction of a purported child.
1192-14 (c) A violation of paragraph (1) of subsection (b) is a
1193-15 Class 3 felony, and a second or subsequent offense is a Class 2
1194-16 felony. A violation of paragraph (2) of subsection (b) is a
1195-17 Class 1 felony, and a second or subsequent offense is a Class X
1196-18 felony.
1197-19 (d) If the age of the purported child depicted is
1198-20 indistinguishable from an actual child under the age of 13, a
1199-21 violation of paragraph (1) of subsection (b) is a Class 2
1200-22 felony, and a second or subsequent offense is a Class 1 felony.
1201-23 If the age of the purported child depicted is
1202-24 indistinguishable from an actual child under the age of 13, a
1203-25 violation of paragraph (2) of subsection (b) is a Class X
1204-26 felony, and a second or subsequent offense is a Class X felony
1205-
1206-
1207-
1208-
1209-
1210- SB2655 Enrolled - 34 - LRB103 35186 KTG 65160 b
1211-
1212-
1213-SB2655 Enrolled- 35 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 35 - LRB103 35186 KTG 65160 b
1214- SB2655 Enrolled - 35 - LRB103 35186 KTG 65160 b
1215-1 for which the person shall be sentenced to a term of
1216-2 imprisonment of not less than 9 years.
1217-3 (e) Nothing in this Section shall be construed to impose
1218-4 liability upon the following entities solely as a result of
1219-5 content or information provided by another person:
1220-6 (1) an interactive computer service, as defined in 47
1221-7 U.S.C. 230(f)(2);
1222-8 (2) a provider of public mobile services or private
1223-9 radio services, as defined in Section 13-214 of the Public
1224-10 Utilities Act; or
1225-11 (3) a telecommunications network or broadband
1226-12 provider.
1227-13 (f) A person convicted under this Section is subject to
1228-14 the forfeiture provisions in Article 124B of the Code of
1229-15 Criminal Procedure of 1963.
1230-16 (Source: P.A. 103-825, eff. 1-1-25.)
1231-17 Section 25. The Bill of Rights for Children is amended by
1232-18 changing Section 3 as follows:
1233-19 (725 ILCS 115/3) (from Ch. 38, par. 1353)
1234-20 Sec. 3. Rights to present child impact statement.
1235-21 (a) In any case where a defendant has been convicted of a
1236-22 violent crime involving a child or a juvenile has been
1237-23 adjudicated a delinquent for any offense defined in Sections
1238-24 11-6, 11-20.1, 11-20.1B, and 11-20.3, and 11-20.4 and in
1239-
1240-
1241-
1242-
1243-
1244- SB2655 Enrolled - 35 - LRB103 35186 KTG 65160 b
1245-
1246-
1247-SB2655 Enrolled- 36 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 36 - LRB103 35186 KTG 65160 b
1248- SB2655 Enrolled - 36 - LRB103 35186 KTG 65160 b
1249-1 Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
1250-2 Criminal Code of 1961 or the Criminal Code of 2012, except
1251-3 those in which both parties have agreed to the imposition of a
1252-4 specific sentence, and a parent or legal guardian of the child
1253-5 involved is present in the courtroom at the time of the
1254-6 sentencing or the disposition hearing, the parent or legal
1255-7 guardian upon his or her request shall have the right to
1256-8 address the court regarding the impact which the defendant's
1257-9 criminal conduct or the juvenile's delinquent conduct has had
1258-10 upon the child. If the parent or legal guardian chooses to
1259-11 exercise this right, the impact statement must have been
1260-12 prepared in writing in conjunction with the Office of the
1261-13 State's Attorney prior to the initial hearing or sentencing,
1262-14 before it can be presented orally at the sentencing hearing.
1263-15 The court shall consider any statements made by the parent or
1264-16 legal guardian, along with all other appropriate factors in
1265-17 determining the sentence of the defendant or disposition of
1266-18 such juvenile.
1267-19 (b) The crime victim has the right to prepare a victim
1268-20 impact statement and present it to the office of the State's
1269-21 Attorney at any time during the proceedings.
1270-22 (c) This Section shall apply to any child victims of any
1271-23 offense defined in Sections 11-1.20 through 11-1.60 or 12-13
1272-24 through 12-16 of the Criminal Code of 1961 or the Criminal Code
1273-25 of 2012 during any dispositional hearing under Section 5-705
1274-26 of the Juvenile Court Act of 1987 which takes place pursuant to
1275-
1276-
1277-
1278-
1279-
1280- SB2655 Enrolled - 36 - LRB103 35186 KTG 65160 b
1281-
1282-
1283-SB2655 Enrolled- 37 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 37 - LRB103 35186 KTG 65160 b
1284- SB2655 Enrolled - 37 - LRB103 35186 KTG 65160 b
1285-1 an adjudication of delinquency for any such offense.
1286-2 (Source: P.A. 103-825, eff. 1-1-25.)
1287-3 Section 30. The Unified Code of Corrections is amended by
1288-4 changing Sections 5-5-3 and 5-8-4 as follows:
1289-5 (730 ILCS 5/5-5-3)
1290-6 Sec. 5-5-3. Disposition.
1291-7 (a) (Blank).
1292-8 (b) (Blank).
1293-9 (c)(1) (Blank).
1294-10 (2) A period of probation, a term of periodic imprisonment
1295-11 or conditional discharge shall not be imposed for the
1296-12 following offenses. The court shall sentence the offender to
1297-13 not less than the minimum term of imprisonment set forth in
1298-14 this Code for the following offenses, and may order a fine or
1299-15 restitution or both in conjunction with such term of
1300-16 imprisonment:
1301-17 (A) First degree murder.
1302-18 (B) Attempted first degree murder.
1303-19 (C) A Class X felony.
1304-20 (D) A violation of Section 401.1 or 407 of the
1305-21 Illinois Controlled Substances Act, or a violation of
1306-22 subdivision (c)(1.5) of Section 401 of that Act which
1307-23 relates to more than 5 grams of a substance containing
1308-24 fentanyl or an analog thereof.
1309-
1310-
1311-
1312-
1313-
1314- SB2655 Enrolled - 37 - LRB103 35186 KTG 65160 b
1315-
1316-
1317-SB2655 Enrolled- 38 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 38 - LRB103 35186 KTG 65160 b
1318- SB2655 Enrolled - 38 - LRB103 35186 KTG 65160 b
1319-1 (D-5) A violation of subdivision (c)(1) of Section 401
1320-2 of the Illinois Controlled Substances Act which relates to
1321-3 3 or more grams of a substance containing heroin or an
1322-4 analog thereof.
1323-5 (E) (Blank).
1324-6 (F) A Class 1 or greater felony if the offender had
1325-7 been convicted of a Class 1 or greater felony, including
1326-8 any state or federal conviction for an offense that
1327-9 contained, at the time it was committed, the same elements
1328-10 as an offense now (the date of the offense committed after
1329-11 the prior Class 1 or greater felony) classified as a Class
1330-12 1 or greater felony, within 10 years of the date on which
1331-13 the offender committed the offense for which he or she is
1332-14 being sentenced, except as otherwise provided in Section
1333-15 40-10 of the Substance Use Disorder Act.
1334-16 (F-3) A Class 2 or greater felony sex offense or
1335-17 felony firearm offense if the offender had been convicted
1336-18 of a Class 2 or greater felony, including any state or
1337-19 federal conviction for an offense that contained, at the
1338-20 time it was committed, the same elements as an offense now
1339-21 (the date of the offense committed after the prior Class 2
1340-22 or greater felony) classified as a Class 2 or greater
1341-23 felony, within 10 years of the date on which the offender
1342-24 committed the offense for which he or she is being
1343-25 sentenced, except as otherwise provided in Section 40-10
1344-26 of the Substance Use Disorder Act.
1345-
1346-
1347-
1348-
1349-
1350- SB2655 Enrolled - 38 - LRB103 35186 KTG 65160 b
1351-
1352-
1353-SB2655 Enrolled- 39 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 39 - LRB103 35186 KTG 65160 b
1354- SB2655 Enrolled - 39 - LRB103 35186 KTG 65160 b
1355-1 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
1356-2 of the Criminal Code of 1961 or the Criminal Code of 2012
1357-3 for which imprisonment is prescribed in those Sections.
1358-4 (G) Residential burglary, except as otherwise provided
1359-5 in Section 40-10 of the Substance Use Disorder Act.
1360-6 (H) Criminal sexual assault.
1361-7 (I) Aggravated battery of a senior citizen as
1362-8 described in Section 12-4.6 or subdivision (a)(4) of
1363-9 Section 12-3.05 of the Criminal Code of 1961 or the
1364-10 Criminal Code of 2012.
1365-11 (J) A forcible felony if the offense was related to
1366-12 the activities of an organized gang.
1367-13 Before July 1, 1994, for the purposes of this
1368-14 paragraph, "organized gang" means an association of 5 or
1369-15 more persons, with an established hierarchy, that
1370-16 encourages members of the association to perpetrate crimes
1371-17 or provides support to the members of the association who
1372-18 do commit crimes.
1373-19 Beginning July 1, 1994, for the purposes of this
1374-20 paragraph, "organized gang" has the meaning ascribed to it
1375-21 in Section 10 of the Illinois Streetgang Terrorism Omnibus
1376-22 Prevention Act.
1377-23 (K) Vehicular hijacking.
1378-24 (L) A second or subsequent conviction for the offense
1379-25 of hate crime when the underlying offense upon which the
1380-26 hate crime is based is felony aggravated assault or felony
1381-
1382-
1383-
1384-
1385-
1386- SB2655 Enrolled - 39 - LRB103 35186 KTG 65160 b
1387-
1388-
1389-SB2655 Enrolled- 40 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 40 - LRB103 35186 KTG 65160 b
1390- SB2655 Enrolled - 40 - LRB103 35186 KTG 65160 b
1391-1 mob action.
1392-2 (M) A second or subsequent conviction for the offense
1393-3 of institutional vandalism if the damage to the property
1394-4 exceeds $300.
1395-5 (N) A Class 3 felony violation of paragraph (1) of
1396-6 subsection (a) of Section 2 of the Firearm Owners
1397-7 Identification Card Act.
1398-8 (O) A violation of Section 12-6.1 or 12-6.5 of the
1399-9 Criminal Code of 1961 or the Criminal Code of 2012.
1400-10 (P) A violation of paragraph (1), (2), (3), (4), (5),
1401-11 or (7) of subsection (a) of Section 11-20.1 of the
1402-12 Criminal Code of 1961 or the Criminal Code of 2012.
1403-13 (P-5) A violation of paragraph (6) of subsection (a)
1404-14 of Section 11-20.1 of the Criminal Code of 1961 or the
1405-15 Criminal Code of 2012 if the victim is a household or
1406-16 family member of the defendant.
1407-17 (P-6) A violation of paragraph (2) of subsection (b)
1408-18 of Section 11-20.4 of the Criminal Code of 2012.
1409-19 (Q) A violation of subsection (b) or (b-5) of Section
1410-20 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
1411-21 Code of 1961 or the Criminal Code of 2012.
1412-22 (R) A violation of Section 24-3A of the Criminal Code
1413-23 of 1961 or the Criminal Code of 2012.
1414-24 (S) (Blank).
1415-25 (T) (Blank).
1416-26 (U) A second or subsequent violation of Section 6-303
1417-
1418-
1419-
1420-
1421-
1422- SB2655 Enrolled - 40 - LRB103 35186 KTG 65160 b
1423-
1424-
1425-SB2655 Enrolled- 41 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 41 - LRB103 35186 KTG 65160 b
1426- SB2655 Enrolled - 41 - LRB103 35186 KTG 65160 b
1427-1 of the Illinois Vehicle Code committed while his or her
1428-2 driver's license, permit, or privilege was revoked because
1429-3 of a violation of Section 9-3 of the Criminal Code of 1961
1430-4 or the Criminal Code of 2012, relating to the offense of
1431-5 reckless homicide, or a similar provision of a law of
1432-6 another state.
1433-7 (V) A violation of paragraph (4) of subsection (c) of
1434-8 Section 11-20.1B or paragraph (4) of subsection (c) of
1435-9 Section 11-20.3 of the Criminal Code of 1961, or paragraph
1436-10 (6) of subsection (a) of Section 11-20.1 of the Criminal
1437-11 Code of 2012 when the victim is under 13 years of age and
1438-12 the defendant has previously been convicted under the laws
1439-13 of this State or any other state of the offense of child
1440-14 pornography, aggravated child pornography, aggravated
1441-15 criminal sexual abuse, aggravated criminal sexual assault,
1442-16 predatory criminal sexual assault of a child, or any of
1443-17 the offenses formerly known as rape, deviate sexual
1444-18 assault, indecent liberties with a child, or aggravated
1445-19 indecent liberties with a child where the victim was under
1446-20 the age of 18 years or an offense that is substantially
1447-21 equivalent to those offenses.
1448-22 (V-5) A violation of paragraph (1) of subsection (b)
1449-23 of Section 11-20.4 of the Criminal Code of 2012 when the
1450-24 purported child depicted is indistinguishable from an
1451-25 actual child victim is under 13 years of age and the
1452-26 defendant has previously been convicted under the laws of
1453-
1454-
1455-
1456-
1457-
1458- SB2655 Enrolled - 41 - LRB103 35186 KTG 65160 b
1459-
1460-
1461-SB2655 Enrolled- 42 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 42 - LRB103 35186 KTG 65160 b
1462- SB2655 Enrolled - 42 - LRB103 35186 KTG 65160 b
1463-1 this State or any other state of the offense of child
1464-2 pornography, aggravated child pornography, aggravated
1465-3 criminal sexual abuse, aggravated criminal sexual assault,
1466-4 predatory criminal sexual assault of a child, or any of
1467-5 the offenses formerly known as rape, deviate sexual
1468-6 assault, indecent liberties with a child, or aggravated
1469-7 indecent liberties with a child if the victim was under
1470-8 the age of 18 years or an offense that is substantially
1471-9 equivalent to those offenses.
1472-10 (W) A violation of Section 24-3.5 of the Criminal Code
1473-11 of 1961 or the Criminal Code of 2012.
1474-12 (X) A violation of subsection (a) of Section 31-1a of
1475-13 the Criminal Code of 1961 or the Criminal Code of 2012.
1476-14 (Y) A conviction for unlawful possession of a firearm
1477-15 by a street gang member when the firearm was loaded or
1478-16 contained firearm ammunition.
1479-17 (Z) A Class 1 felony committed while he or she was
1480-18 serving a term of probation or conditional discharge for a
1481-19 felony.
1482-20 (AA) Theft of property exceeding $500,000 and not
1483-21 exceeding $1,000,000 in value.
1484-22 (BB) Laundering of criminally derived property of a
1485-23 value exceeding $500,000.
1486-24 (CC) Knowingly selling, offering for sale, holding for
1487-25 sale, or using 2,000 or more counterfeit items or
1488-26 counterfeit items having a retail value in the aggregate
1489-
1490-
1491-
1492-
1493-
1494- SB2655 Enrolled - 42 - LRB103 35186 KTG 65160 b
1495-
1496-
1497-SB2655 Enrolled- 43 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 43 - LRB103 35186 KTG 65160 b
1498- SB2655 Enrolled - 43 - LRB103 35186 KTG 65160 b
1499-1 of $500,000 or more.
1500-2 (DD) A conviction for aggravated assault under
1501-3 paragraph (6) of subsection (c) of Section 12-2 of the
1502-4 Criminal Code of 1961 or the Criminal Code of 2012 if the
1503-5 firearm is aimed toward the person against whom the
1504-6 firearm is being used.
1505-7 (EE) A conviction for a violation of paragraph (2) of
1506-8 subsection (a) of Section 24-3B of the Criminal Code of
1507-9 2012.
1508-10 (3) (Blank).
1509-11 (4) A minimum term of imprisonment of not less than 10
1510-12 consecutive days or 30 days of community service shall be
1511-13 imposed for a violation of paragraph (c) of Section 6-303 of
1512-14 the Illinois Vehicle Code.
1513-15 (4.1) (Blank).
1514-16 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1515-17 this subsection (c), a minimum of 100 hours of community
1516-18 service shall be imposed for a second violation of Section
1517-19 6-303 of the Illinois Vehicle Code.
1518-20 (4.3) A minimum term of imprisonment of 30 days or 300
1519-21 hours of community service, as determined by the court, shall
1520-22 be imposed for a second violation of subsection (c) of Section
1521-23 6-303 of the Illinois Vehicle Code.
1522-24 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1523-25 (4.9) of this subsection (c), a minimum term of imprisonment
1524-26 of 30 days or 300 hours of community service, as determined by
1525-
1526-
1527-
1528-
1529-
1530- SB2655 Enrolled - 43 - LRB103 35186 KTG 65160 b
1531-
1532-
1533-SB2655 Enrolled- 44 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 44 - LRB103 35186 KTG 65160 b
1534- SB2655 Enrolled - 44 - LRB103 35186 KTG 65160 b
1535-1 the court, shall be imposed for a third or subsequent
1536-2 violation of Section 6-303 of the Illinois Vehicle Code. The
1537-3 court may give credit toward the fulfillment of community
1538-4 service hours for participation in activities and treatment as
1539-5 determined by court services.
1540-6 (4.5) A minimum term of imprisonment of 30 days shall be
1541-7 imposed for a third violation of subsection (c) of Section
1542-8 6-303 of the Illinois Vehicle Code.
1543-9 (4.6) Except as provided in paragraph (4.10) of this
1544-10 subsection (c), a minimum term of imprisonment of 180 days
1545-11 shall be imposed for a fourth or subsequent violation of
1546-12 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1547-13 (4.7) A minimum term of imprisonment of not less than 30
1548-14 consecutive days, or 300 hours of community service, shall be
1549-15 imposed for a violation of subsection (a-5) of Section 6-303
1550-16 of the Illinois Vehicle Code, as provided in subsection (b-5)
1551-17 of that Section.
1552-18 (4.8) A mandatory prison sentence shall be imposed for a
1553-19 second violation of subsection (a-5) of Section 6-303 of the
1554-20 Illinois Vehicle Code, as provided in subsection (c-5) of that
1555-21 Section. The person's driving privileges shall be revoked for
1556-22 a period of not less than 5 years from the date of his or her
1557-23 release from prison.
1558-24 (4.9) A mandatory prison sentence of not less than 4 and
1559-25 not more than 15 years shall be imposed for a third violation
1560-26 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1561-
1562-
1563-
1564-
1565-
1566- SB2655 Enrolled - 44 - LRB103 35186 KTG 65160 b
1567-
1568-
1569-SB2655 Enrolled- 45 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 45 - LRB103 35186 KTG 65160 b
1570- SB2655 Enrolled - 45 - LRB103 35186 KTG 65160 b
1571-1 Code, as provided in subsection (d-2.5) of that Section. The
1572-2 person's driving privileges shall be revoked for the remainder
1573-3 of his or her life.
1574-4 (4.10) A mandatory prison sentence for a Class 1 felony
1575-5 shall be imposed, and the person shall be eligible for an
1576-6 extended term sentence, for a fourth or subsequent violation
1577-7 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1578-8 Code, as provided in subsection (d-3.5) of that Section. The
1579-9 person's driving privileges shall be revoked for the remainder
1580-10 of his or her life.
1581-11 (5) The court may sentence a corporation or unincorporated
1582-12 association convicted of any offense to:
1583-13 (A) a period of conditional discharge;
1584-14 (B) a fine;
1585-15 (C) make restitution to the victim under Section 5-5-6
1586-16 of this Code.
1587-17 (5.1) In addition to any other penalties imposed, and
1588-18 except as provided in paragraph (5.2) or (5.3), a person
1589-19 convicted of violating subsection (c) of Section 11-907 of the
1590-20 Illinois Vehicle Code shall have his or her driver's license,
1591-21 permit, or privileges suspended for at least 90 days but not
1592-22 more than one year, if the violation resulted in damage to the
1593-23 property of another person.
1594-24 (5.2) In addition to any other penalties imposed, and
1595-25 except as provided in paragraph (5.3), a person convicted of
1596-26 violating subsection (c) of Section 11-907 of the Illinois
1597-
1598-
1599-
1600-
1601-
1602- SB2655 Enrolled - 45 - LRB103 35186 KTG 65160 b
1603-
1604-
1605-SB2655 Enrolled- 46 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 46 - LRB103 35186 KTG 65160 b
1606- SB2655 Enrolled - 46 - LRB103 35186 KTG 65160 b
1607-1 Vehicle Code shall have his or her driver's license, permit,
1608-2 or privileges suspended for at least 180 days but not more than
1609-3 2 years, if the violation resulted in injury to another
1610-4 person.
1611-5 (5.3) In addition to any other penalties imposed, a person
1612-6 convicted of violating subsection (c) of Section 11-907 of the
1613-7 Illinois Vehicle Code shall have his or her driver's license,
1614-8 permit, or privileges suspended for 2 years, if the violation
1615-9 resulted in the death of another person.
1616-10 (5.4) In addition to any other penalties imposed, a person
1617-11 convicted of violating Section 3-707 of the Illinois Vehicle
1618-12 Code shall have his or her driver's license, permit, or
1619-13 privileges suspended for 3 months and until he or she has paid
1620-14 a reinstatement fee of $100.
1621-15 (5.5) In addition to any other penalties imposed, a person
1622-16 convicted of violating Section 3-707 of the Illinois Vehicle
1623-17 Code during a period in which his or her driver's license,
1624-18 permit, or privileges were suspended for a previous violation
1625-19 of that Section shall have his or her driver's license,
1626-20 permit, or privileges suspended for an additional 6 months
1627-21 after the expiration of the original 3-month suspension and
1628-22 until he or she has paid a reinstatement fee of $100.
1629-23 (6) (Blank).
1630-24 (7) (Blank).
1631-25 (8) (Blank).
1632-26 (9) A defendant convicted of a second or subsequent
1633-
1634-
1635-
1636-
1637-
1638- SB2655 Enrolled - 46 - LRB103 35186 KTG 65160 b
1639-
1640-
1641-SB2655 Enrolled- 47 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 47 - LRB103 35186 KTG 65160 b
1642- SB2655 Enrolled - 47 - LRB103 35186 KTG 65160 b
1643-1 offense of ritualized abuse of a child may be sentenced to a
1644-2 term of natural life imprisonment.
1645-3 (10) (Blank).
1646-4 (11) The court shall impose a minimum fine of $1,000 for a
1647-5 first offense and $2,000 for a second or subsequent offense
1648-6 upon a person convicted of or placed on supervision for
1649-7 battery when the individual harmed was a sports official or
1650-8 coach at any level of competition and the act causing harm to
1651-9 the sports official or coach occurred within an athletic
1652-10 facility or within the immediate vicinity of the athletic
1653-11 facility at which the sports official or coach was an active
1654-12 participant of the athletic contest held at the athletic
1655-13 facility. For the purposes of this paragraph (11), "sports
1656-14 official" means a person at an athletic contest who enforces
1657-15 the rules of the contest, such as an umpire or referee;
1658-16 "athletic facility" means an indoor or outdoor playing field
1659-17 or recreational area where sports activities are conducted;
1660-18 and "coach" means a person recognized as a coach by the
1661-19 sanctioning authority that conducted the sporting event.
1662-20 (12) A person may not receive a disposition of court
1663-21 supervision for a violation of Section 5-16 of the Boat
1664-22 Registration and Safety Act if that person has previously
1665-23 received a disposition of court supervision for a violation of
1666-24 that Section.
1667-25 (13) A person convicted of or placed on court supervision
1668-26 for an assault or aggravated assault when the victim and the
1669-
1670-
1671-
1672-
1673-
1674- SB2655 Enrolled - 47 - LRB103 35186 KTG 65160 b
1675-
1676-
1677-SB2655 Enrolled- 48 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 48 - LRB103 35186 KTG 65160 b
1678- SB2655 Enrolled - 48 - LRB103 35186 KTG 65160 b
1679-1 offender are family or household members as defined in Section
1680-2 103 of the Illinois Domestic Violence Act of 1986 or convicted
1681-3 of domestic battery or aggravated domestic battery may be
1682-4 required to attend a Partner Abuse Intervention Program under
1683-5 protocols set forth by the Illinois Department of Human
1684-6 Services under such terms and conditions imposed by the court.
1685-7 The costs of such classes shall be paid by the offender.
1686-8 (d) In any case in which a sentence originally imposed is
1687-9 vacated, the case shall be remanded to the trial court. The
1688-10 trial court shall hold a hearing under Section 5-4-1 of this
1689-11 Code which may include evidence of the defendant's life, moral
1690-12 character and occupation during the time since the original
1691-13 sentence was passed. The trial court shall then impose
1692-14 sentence upon the defendant. The trial court may impose any
1693-15 sentence which could have been imposed at the original trial
1694-16 subject to Section 5-5-4 of this Code. If a sentence is vacated
1695-17 on appeal or on collateral attack due to the failure of the
1696-18 trier of fact at trial to determine beyond a reasonable doubt
1697-19 the existence of a fact (other than a prior conviction)
1698-20 necessary to increase the punishment for the offense beyond
1699-21 the statutory maximum otherwise applicable, either the
1700-22 defendant may be re-sentenced to a term within the range
1701-23 otherwise provided or, if the State files notice of its
1702-24 intention to again seek the extended sentence, the defendant
1703-25 shall be afforded a new trial.
1704-26 (e) In cases where prosecution for aggravated criminal
1705-
1706-
1707-
1708-
1709-
1710- SB2655 Enrolled - 48 - LRB103 35186 KTG 65160 b
1711-
1712-
1713-SB2655 Enrolled- 49 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 49 - LRB103 35186 KTG 65160 b
1714- SB2655 Enrolled - 49 - LRB103 35186 KTG 65160 b
1715-1 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1716-2 Code of 1961 or the Criminal Code of 2012 results in conviction
1717-3 of a defendant who was a family member of the victim at the
1718-4 time of the commission of the offense, the court shall
1719-5 consider the safety and welfare of the victim and may impose a
1720-6 sentence of probation only where:
1721-7 (1) the court finds (A) or (B) or both are
1722-8 appropriate:
1723-9 (A) the defendant is willing to undergo a court
1724-10 approved counseling program for a minimum duration of
1725-11 2 years; or
1726-12 (B) the defendant is willing to participate in a
1727-13 court approved plan, including, but not limited to,
1728-14 the defendant's:
1729-15 (i) removal from the household;
1730-16 (ii) restricted contact with the victim;
1731-17 (iii) continued financial support of the
1732-18 family;
1733-19 (iv) restitution for harm done to the victim;
1734-20 and
1735-21 (v) compliance with any other measures that
1736-22 the court may deem appropriate; and
1737-23 (2) the court orders the defendant to pay for the
1738-24 victim's counseling services, to the extent that the court
1739-25 finds, after considering the defendant's income and
1740-26 assets, that the defendant is financially capable of
1741-
1742-
1743-
1744-
1745-
1746- SB2655 Enrolled - 49 - LRB103 35186 KTG 65160 b
1747-
1748-
1749-SB2655 Enrolled- 50 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 50 - LRB103 35186 KTG 65160 b
1750- SB2655 Enrolled - 50 - LRB103 35186 KTG 65160 b
1751-1 paying for such services, if the victim was under 18 years
1752-2 of age at the time the offense was committed and requires
1753-3 counseling as a result of the offense.
1754-4 Probation may be revoked or modified pursuant to Section
1755-5 5-6-4; except where the court determines at the hearing that
1756-6 the defendant violated a condition of his or her probation
1757-7 restricting contact with the victim or other family members or
1758-8 commits another offense with the victim or other family
1759-9 members, the court shall revoke the defendant's probation and
1760-10 impose a term of imprisonment.
1761-11 For the purposes of this Section, "family member" and
1762-12 "victim" shall have the meanings ascribed to them in Section
1763-13 11-0.1 of the Criminal Code of 2012.
1764-14 (f) (Blank).
1765-15 (g) Whenever a defendant is convicted of an offense under
1766-16 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1767-17 11-14.3, 11-14.4 except for an offense that involves keeping a
1768-18 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1769-19 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1770-20 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1771-21 Criminal Code of 2012, the defendant shall undergo medical
1772-22 testing to determine whether the defendant has any sexually
1773-23 transmissible disease, including a test for infection with
1774-24 human immunodeficiency virus (HIV) or any other identified
1775-25 causative agent of acquired immunodeficiency syndrome (AIDS).
1776-26 Any such medical test shall be performed only by appropriately
1777-
1778-
1779-
1780-
1781-
1782- SB2655 Enrolled - 50 - LRB103 35186 KTG 65160 b
1783-
1784-
1785-SB2655 Enrolled- 51 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 51 - LRB103 35186 KTG 65160 b
1786- SB2655 Enrolled - 51 - LRB103 35186 KTG 65160 b
1787-1 licensed medical practitioners and may include an analysis of
1788-2 any bodily fluids as well as an examination of the defendant's
1789-3 person. Except as otherwise provided by law, the results of
1790-4 such test shall be kept strictly confidential by all medical
1791-5 personnel involved in the testing and must be personally
1792-6 delivered in a sealed envelope to the judge of the court in
1793-7 which the conviction was entered for the judge's inspection in
1794-8 camera. Acting in accordance with the best interests of the
1795-9 victim and the public, the judge shall have the discretion to
1796-10 determine to whom, if anyone, the results of the testing may be
1797-11 revealed. The court shall notify the defendant of the test
1798-12 results. The court shall also notify the victim if requested
1799-13 by the victim, and if the victim is under the age of 15 and if
1800-14 requested by the victim's parents or legal guardian, the court
1801-15 shall notify the victim's parents or legal guardian of the
1802-16 test results. The court shall provide information on the
1803-17 availability of HIV testing and counseling at Department of
1804-18 Public Health facilities to all parties to whom the results of
1805-19 the testing are revealed and shall direct the State's Attorney
1806-20 to provide the information to the victim when possible. The
1807-21 court shall order that the cost of any such test shall be paid
1808-22 by the county and may be taxed as costs against the convicted
1809-23 defendant.
1810-24 (g-5) When an inmate is tested for an airborne
1811-25 communicable disease, as determined by the Illinois Department
1812-26 of Public Health, including, but not limited to, tuberculosis,
1813-
1814-
1815-
1816-
1817-
1818- SB2655 Enrolled - 51 - LRB103 35186 KTG 65160 b
1819-
1820-
1821-SB2655 Enrolled- 52 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 52 - LRB103 35186 KTG 65160 b
1822- SB2655 Enrolled - 52 - LRB103 35186 KTG 65160 b
1823-1 the results of the test shall be personally delivered by the
1824-2 warden or his or her designee in a sealed envelope to the judge
1825-3 of the court in which the inmate must appear for the judge's
1826-4 inspection in camera if requested by the judge. Acting in
1827-5 accordance with the best interests of those in the courtroom,
1828-6 the judge shall have the discretion to determine what if any
1829-7 precautions need to be taken to prevent transmission of the
1830-8 disease in the courtroom.
1831-9 (h) Whenever a defendant is convicted of an offense under
1832-10 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1833-11 defendant shall undergo medical testing to determine whether
1834-12 the defendant has been exposed to human immunodeficiency virus
1835-13 (HIV) or any other identified causative agent of acquired
1836-14 immunodeficiency syndrome (AIDS). Except as otherwise provided
1837-15 by law, the results of such test shall be kept strictly
1838-16 confidential by all medical personnel involved in the testing
1839-17 and must be personally delivered in a sealed envelope to the
1840-18 judge of the court in which the conviction was entered for the
1841-19 judge's inspection in camera. Acting in accordance with the
1842-20 best interests of the public, the judge shall have the
1843-21 discretion to determine to whom, if anyone, the results of the
1844-22 testing may be revealed. The court shall notify the defendant
1845-23 of a positive test showing an infection with the human
1846-24 immunodeficiency virus (HIV). The court shall provide
1847-25 information on the availability of HIV testing and counseling
1848-26 at Department of Public Health facilities to all parties to
1849-
1850-
1851-
1852-
1853-
1854- SB2655 Enrolled - 52 - LRB103 35186 KTG 65160 b
1855-
1856-
1857-SB2655 Enrolled- 53 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 53 - LRB103 35186 KTG 65160 b
1858- SB2655 Enrolled - 53 - LRB103 35186 KTG 65160 b
1859-1 whom the results of the testing are revealed and shall direct
1860-2 the State's Attorney to provide the information to the victim
1861-3 when possible. The court shall order that the cost of any such
1862-4 test shall be paid by the county and may be taxed as costs
1863-5 against the convicted defendant.
1864-6 (i) All fines and penalties imposed under this Section for
1865-7 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1866-8 Vehicle Code, or a similar provision of a local ordinance, and
1867-9 any violation of the Child Passenger Protection Act, or a
1868-10 similar provision of a local ordinance, shall be collected and
1869-11 disbursed by the circuit clerk as provided under the Criminal
1870-12 and Traffic Assessment Act.
1871-13 (j) In cases when prosecution for any violation of Section
1872-14 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1873-15 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1874-16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1875-17 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
1876-18 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1877-19 Criminal Code of 2012, any violation of the Illinois
1878-20 Controlled Substances Act, any violation of the Cannabis
1879-21 Control Act, or any violation of the Methamphetamine Control
1880-22 and Community Protection Act results in conviction, a
1881-23 disposition of court supervision, or an order of probation
1882-24 granted under Section 10 of the Cannabis Control Act, Section
1883-25 410 of the Illinois Controlled Substances Act, or Section 70
1884-26 of the Methamphetamine Control and Community Protection Act of
1885-
1886-
1887-
1888-
1889-
1890- SB2655 Enrolled - 53 - LRB103 35186 KTG 65160 b
1891-
1892-
1893-SB2655 Enrolled- 54 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 54 - LRB103 35186 KTG 65160 b
1894- SB2655 Enrolled - 54 - LRB103 35186 KTG 65160 b
1895-1 a defendant, the court shall determine whether the defendant
1896-2 is employed by a facility or center as defined under the Child
1897-3 Care Act of 1969, a public or private elementary or secondary
1898-4 school, or otherwise works with children under 18 years of age
1899-5 on a daily basis. When a defendant is so employed, the court
1900-6 shall order the Clerk of the Court to send a copy of the
1901-7 judgment of conviction or order of supervision or probation to
1902-8 the defendant's employer by certified mail. If the employer of
1903-9 the defendant is a school, the Clerk of the Court shall direct
1904-10 the mailing of a copy of the judgment of conviction or order of
1905-11 supervision or probation to the appropriate regional
1906-12 superintendent of schools. The regional superintendent of
1907-13 schools shall notify the State Board of Education of any
1908-14 notification under this subsection.
1909-15 (j-5) A defendant at least 17 years of age who is convicted
1910-16 of a felony and who has not been previously convicted of a
1911-17 misdemeanor or felony and who is sentenced to a term of
1912-18 imprisonment in the Illinois Department of Corrections shall
1913-19 as a condition of his or her sentence be required by the court
1914-20 to attend educational courses designed to prepare the
1915-21 defendant for a high school diploma and to work toward a high
1916-22 school diploma or to work toward passing high school
1917-23 equivalency testing or to work toward completing a vocational
1918-24 training program offered by the Department of Corrections. If
1919-25 a defendant fails to complete the educational training
1920-26 required by his or her sentence during the term of
1921-
1922-
1923-
1924-
1925-
1926- SB2655 Enrolled - 54 - LRB103 35186 KTG 65160 b
1927-
1928-
1929-SB2655 Enrolled- 55 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 55 - LRB103 35186 KTG 65160 b
1930- SB2655 Enrolled - 55 - LRB103 35186 KTG 65160 b
1931-1 incarceration, the Prisoner Review Board shall, as a condition
1932-2 of mandatory supervised release, require the defendant, at his
1933-3 or her own expense, to pursue a course of study toward a high
1934-4 school diploma or passage of high school equivalency testing.
1935-5 The Prisoner Review Board shall revoke the mandatory
1936-6 supervised release of a defendant who wilfully fails to comply
1937-7 with this subsection (j-5) upon his or her release from
1938-8 confinement in a penal institution while serving a mandatory
1939-9 supervised release term; however, the inability of the
1940-10 defendant after making a good faith effort to obtain financial
1941-11 aid or pay for the educational training shall not be deemed a
1942-12 wilful failure to comply. The Prisoner Review Board shall
1943-13 recommit the defendant whose mandatory supervised release term
1944-14 has been revoked under this subsection (j-5) as provided in
1945-15 Section 3-3-9. This subsection (j-5) does not apply to a
1946-16 defendant who has a high school diploma or has successfully
1947-17 passed high school equivalency testing. This subsection (j-5)
1948-18 does not apply to a defendant who is determined by the court to
1949-19 be a person with a developmental disability or otherwise
1950-20 mentally incapable of completing the educational or vocational
1951-21 program.
1952-22 (k) (Blank).
1953-23 (l)(A) Except as provided in paragraph (C) of subsection
1954-24 (l), whenever a defendant, who is not a citizen or national of
1955-25 the United States, is convicted of any felony or misdemeanor
1956-26 offense, the court after sentencing the defendant may, upon
1957-
1958-
1959-
1960-
1961-
1962- SB2655 Enrolled - 55 - LRB103 35186 KTG 65160 b
1963-
1964-
1965-SB2655 Enrolled- 56 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 56 - LRB103 35186 KTG 65160 b
1966- SB2655 Enrolled - 56 - LRB103 35186 KTG 65160 b
1967-1 motion of the State's Attorney, hold sentence in abeyance and
1968-2 remand the defendant to the custody of the Attorney General of
1969-3 the United States or his or her designated agent to be deported
1970-4 when:
1971-5 (1) a final order of deportation has been issued
1972-6 against the defendant pursuant to proceedings under the
1973-7 Immigration and Nationality Act, and
1974-8 (2) the deportation of the defendant would not
1975-9 deprecate the seriousness of the defendant's conduct and
1976-10 would not be inconsistent with the ends of justice.
1977-11 Otherwise, the defendant shall be sentenced as provided in
1978-12 this Chapter V.
1979-13 (B) If the defendant has already been sentenced for a
1980-14 felony or misdemeanor offense, or has been placed on probation
1981-15 under Section 10 of the Cannabis Control Act, Section 410 of
1982-16 the Illinois Controlled Substances Act, or Section 70 of the
1983-17 Methamphetamine Control and Community Protection Act, the
1984-18 court may, upon motion of the State's Attorney to suspend the
1985-19 sentence imposed, commit the defendant to the custody of the
1986-20 Attorney General of the United States or his or her designated
1987-21 agent when:
1988-22 (1) a final order of deportation has been issued
1989-23 against the defendant pursuant to proceedings under the
1990-24 Immigration and Nationality Act, and
1991-25 (2) the deportation of the defendant would not
1992-26 deprecate the seriousness of the defendant's conduct and
1993-
1994-
1995-
1996-
1997-
1998- SB2655 Enrolled - 56 - LRB103 35186 KTG 65160 b
1999-
2000-
2001-SB2655 Enrolled- 57 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 57 - LRB103 35186 KTG 65160 b
2002- SB2655 Enrolled - 57 - LRB103 35186 KTG 65160 b
2003-1 would not be inconsistent with the ends of justice.
2004-2 (C) This subsection (l) does not apply to offenders who
2005-3 are subject to the provisions of paragraph (2) of subsection
2006-4 (a) of Section 3-6-3.
2007-5 (D) Upon motion of the State's Attorney, if a defendant
2008-6 sentenced under this Section returns to the jurisdiction of
2009-7 the United States, the defendant shall be recommitted to the
2010-8 custody of the county from which he or she was sentenced.
2011-9 Thereafter, the defendant shall be brought before the
2012-10 sentencing court, which may impose any sentence that was
2013-11 available under Section 5-5-3 at the time of initial
2014-12 sentencing. In addition, the defendant shall not be eligible
2015-13 for additional earned sentence credit as provided under
2016-14 Section 3-6-3.
2017-15 (m) A person convicted of criminal defacement of property
2018-16 under Section 21-1.3 of the Criminal Code of 1961 or the
2019-17 Criminal Code of 2012, in which the property damage exceeds
2020-18 $300 and the property damaged is a school building, shall be
2021-19 ordered to perform community service that may include cleanup,
2022-20 removal, or painting over the defacement.
2023-21 (n) The court may sentence a person convicted of a
2024-22 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2025-23 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2026-24 of 1961 or the Criminal Code of 2012 (i) to an impact
2027-25 incarceration program if the person is otherwise eligible for
2028-26 that program under Section 5-8-1.1, (ii) to community service,
2029-
2030-
2031-
2032-
2033-
2034- SB2655 Enrolled - 57 - LRB103 35186 KTG 65160 b
2035-
2036-
2037-SB2655 Enrolled- 58 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 58 - LRB103 35186 KTG 65160 b
2038- SB2655 Enrolled - 58 - LRB103 35186 KTG 65160 b
2039-1 or (iii) if the person has a substance use disorder, as defined
2040-2 in the Substance Use Disorder Act, to a treatment program
2041-3 licensed under that Act.
2042-4 (o) Whenever a person is convicted of a sex offense as
2043-5 defined in Section 2 of the Sex Offender Registration Act, the
2044-6 defendant's driver's license or permit shall be subject to
2045-7 renewal on an annual basis in accordance with the provisions
2046-8 of license renewal established by the Secretary of State.
2047-9 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
2048-10 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
2049-11 1-1-24; 103-825, eff. 1-1-25.)
2050-12 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
2051-13 Sec. 5-8-4. Concurrent and consecutive terms of
2052-14 imprisonment.
2053-15 (a) Concurrent terms; multiple or additional sentences.
2054-16 When an Illinois court (i) imposes multiple sentences of
2055-17 imprisonment on a defendant at the same time or (ii) imposes a
2056-18 sentence of imprisonment on a defendant who is already subject
2057-19 to a sentence of imprisonment imposed by an Illinois court, a
2058-20 court of another state, or a federal court, then the sentences
2059-21 shall run concurrently unless otherwise determined by the
2060-22 Illinois court under this Section.
2061-23 (b) Concurrent terms; misdemeanor and felony. A defendant
2062-24 serving a sentence for a misdemeanor who is convicted of a
2063-25 felony and sentenced to imprisonment shall be transferred to
2064-
2065-
2066-
2067-
2068-
2069- SB2655 Enrolled - 58 - LRB103 35186 KTG 65160 b
2070-
2071-
2072-SB2655 Enrolled- 59 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 59 - LRB103 35186 KTG 65160 b
2073- SB2655 Enrolled - 59 - LRB103 35186 KTG 65160 b
2074-1 the Department of Corrections, and the misdemeanor sentence
2075-2 shall be merged in and run concurrently with the felony
2076-3 sentence.
2077-4 (c) Consecutive terms; permissive. The court may impose
2078-5 consecutive sentences in any of the following circumstances:
2079-6 (1) If, having regard to the nature and circumstances
2080-7 of the offense and the history and character of the
2081-8 defendant, it is the opinion of the court that consecutive
2082-9 sentences are required to protect the public from further
2083-10 criminal conduct by the defendant, the basis for which the
2084-11 court shall set forth in the record.
2085-12 (2) If one of the offenses for which a defendant was
2086-13 convicted was a violation of Section 32-5.2 (aggravated
2087-14 false personation of a peace officer) of the Criminal Code
2088-15 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
2089-16 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
2090-17 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
2091-18 offense was committed in attempting or committing a
2092-19 forcible felony.
2093-20 (3) If a person charged with a felony commits a
2094-21 separate felony while on pretrial release or in pretrial
2095-22 detention in a county jail facility or county detention
2096-23 facility, then the sentences imposed upon conviction of
2097-24 these felonies may be served consecutively regardless of
2098-25 the order in which the judgments of conviction are
2099-26 entered.
2100-
2101-
2102-
2103-
2104-
2105- SB2655 Enrolled - 59 - LRB103 35186 KTG 65160 b
2106-
2107-
2108-SB2655 Enrolled- 60 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 60 - LRB103 35186 KTG 65160 b
2109- SB2655 Enrolled - 60 - LRB103 35186 KTG 65160 b
2110-1 (4) If a person commits a battery against a county
2111-2 correctional officer or sheriff's employee while serving a
2112-3 sentence or in pretrial detention in a county jail
2113-4 facility, then the sentence imposed upon conviction of the
2114-5 battery may be served consecutively with the sentence
2115-6 imposed upon conviction of the earlier misdemeanor or
2116-7 felony, regardless of the order in which the judgments of
2117-8 conviction are entered.
2118-9 (5) If a person admitted to pretrial release following
2119-10 conviction of a felony commits a separate felony while
2120-11 released pretrial or if a person detained in a county jail
2121-12 facility or county detention facility following conviction
2122-13 of a felony commits a separate felony while in detention,
2123-14 then any sentence following conviction of the separate
2124-15 felony may be consecutive to that of the original sentence
2125-16 for which the defendant was released pretrial or detained.
2126-17 (6) If a person is found to be in possession of an item
2127-18 of contraband, as defined in Section 31A-0.1 of the
2128-19 Criminal Code of 2012, while serving a sentence in a
2129-20 county jail or while in pretrial detention in a county
2130-21 jail, the sentence imposed upon conviction for the offense
2131-22 of possessing contraband in a penal institution may be
2132-23 served consecutively to the sentence imposed for the
2133-24 offense for which the person is serving a sentence in the
2134-25 county jail or while in pretrial detention, regardless of
2135-26 the order in which the judgments of conviction are
2136-
2137-
2138-
2139-
2140-
2141- SB2655 Enrolled - 60 - LRB103 35186 KTG 65160 b
2142-
2143-
2144-SB2655 Enrolled- 61 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 61 - LRB103 35186 KTG 65160 b
2145- SB2655 Enrolled - 61 - LRB103 35186 KTG 65160 b
2146-1 entered.
2147-2 (7) If a person is sentenced for a violation of a
2148-3 condition of pretrial release under Section 32-10 of the
2149-4 Criminal Code of 1961 or the Criminal Code of 2012, any
2150-5 sentence imposed for that violation may be served
2151-6 consecutive to the sentence imposed for the charge for
2152-7 which pretrial release had been granted and with respect
2153-8 to which the defendant has been convicted.
2154-9 (d) Consecutive terms; mandatory. The court shall impose
2155-10 consecutive sentences in each of the following circumstances:
2156-11 (1) One of the offenses for which the defendant was
2157-12 convicted was first degree murder or a Class X or Class 1
2158-13 felony and the defendant inflicted severe bodily injury.
2159-14 (2) The defendant was convicted of a violation of
2160-15 Section 11-1.20 or 12-13 (criminal sexual assault),
2161-16 11-1.30 or 12-14 (aggravated criminal sexual assault), or
2162-17 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
2163-18 child) of the Criminal Code of 1961 or the Criminal Code of
2164-19 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
2165-20 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
2166-21 5/12-14.1).
2167-22 (2.5) The defendant was convicted of a violation of
2168-23 paragraph (1), (2), (3), (4), (5), or (7) of subsection
2169-24 (a) of Section 11-20.1 (child pornography) or of paragraph
2170-25 (1), (2), (3), (4), (5), or (7) of subsection (a) of
2171-26 Section 11-20.1B or 11-20.3 (aggravated child pornography)
2172-
2173-
2174-
2175-
2176-
2177- SB2655 Enrolled - 61 - LRB103 35186 KTG 65160 b
2178-
2179-
2180-SB2655 Enrolled- 62 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 62 - LRB103 35186 KTG 65160 b
2181- SB2655 Enrolled - 62 - LRB103 35186 KTG 65160 b
2182-1 of the Criminal Code of 1961 or the Criminal Code of 2012;
2183-2 or the defendant was convicted of a violation of paragraph
2184-3 (6) of subsection (a) of Section 11-20.1 (child
2185-4 pornography) or of paragraph (6) of subsection (a) of
2186-5 Section 11-20.1B or 11-20.3 (aggravated child pornography)
2187-6 of the Criminal Code of 1961 or the Criminal Code of 2012,
2188-7 when the child depicted is under the age of 13.
2189-8 (2.6) The defendant was convicted of:
2190-9 (A) a violation of paragraph (2) of subsection (b)
2191-10 of Section 11-20.4 of the Criminal Code of 2012; or
2192-11 (B) a violation of paragraph (1) of Section
2193-12 11-20.4 of the Criminal Code of 2012 when the
2194-13 purported child depicted is indistinguishable from an
2195-14 actual child under the age of 13.
2196-15 (3) The defendant was convicted of armed violence
2197-16 based upon the predicate offense of any of the following:
2198-17 solicitation of murder, solicitation of murder for hire,
2199-18 heinous battery as described in Section 12-4.1 or
2200-19 subdivision (a)(2) of Section 12-3.05, aggravated battery
2201-20 of a senior citizen as described in Section 12-4.6 or
2202-21 subdivision (a)(4) of Section 12-3.05, criminal sexual
2203-22 assault, a violation of subsection (g) of Section 5 of the
2204-23 Cannabis Control Act (720 ILCS 550/5), cannabis
2205-24 trafficking, a violation of subsection (a) of Section 401
2206-25 of the Illinois Controlled Substances Act (720 ILCS
2207-26 570/401), controlled substance trafficking involving a
2208-
2209-
2210-
2211-
2212-
2213- SB2655 Enrolled - 62 - LRB103 35186 KTG 65160 b
2214-
2215-
2216-SB2655 Enrolled- 63 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 63 - LRB103 35186 KTG 65160 b
2217- SB2655 Enrolled - 63 - LRB103 35186 KTG 65160 b
2218-1 Class X felony amount of controlled substance under
2219-2 Section 401 of the Illinois Controlled Substances Act (720
2220-3 ILCS 570/401), a violation of the Methamphetamine Control
2221-4 and Community Protection Act (720 ILCS 646/), calculated
2222-5 criminal drug conspiracy, or streetgang criminal drug
2223-6 conspiracy.
2224-7 (4) The defendant was convicted of the offense of
2225-8 leaving the scene of a motor vehicle crash involving death
2226-9 or personal injuries under Section 11-401 of the Illinois
2227-10 Vehicle Code (625 ILCS 5/11-401) and either: (A)
2228-11 aggravated driving under the influence of alcohol, other
2229-12 drug or drugs, or intoxicating compound or compounds, or
2230-13 any combination thereof under Section 11-501 of the
2231-14 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
2232-15 homicide under Section 9-3 of the Criminal Code of 1961 or
2233-16 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
2234-17 offense described in item (A) and an offense described in
2235-18 item (B).
2236-19 (5) The defendant was convicted of a violation of
2237-20 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
2238-21 death) or Section 12-20.5 (dismembering a human body) of
2239-22 the Criminal Code of 1961 or the Criminal Code of 2012 (720
2240-23 ILCS 5/9-3.1 or 5/12-20.5).
2241-24 (5.5) The defendant was convicted of a violation of
2242-25 Section 24-3.7 (use of a stolen firearm in the commission
2243-26 of an offense) of the Criminal Code of 1961 or the Criminal
2244-
2245-
2246-
2247-
2248-
2249- SB2655 Enrolled - 63 - LRB103 35186 KTG 65160 b
2250-
2251-
2252-SB2655 Enrolled- 64 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 64 - LRB103 35186 KTG 65160 b
2253- SB2655 Enrolled - 64 - LRB103 35186 KTG 65160 b
2254-1 Code of 2012.
2255-2 (6) If the defendant was in the custody of the
2256-3 Department of Corrections at the time of the commission of
2257-4 the offense, the sentence shall be served consecutive to
2258-5 the sentence under which the defendant is held by the
2259-6 Department of Corrections.
2260-7 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
2261-8 for escape or attempted escape shall be served consecutive
2262-9 to the terms under which the offender is held by the
2263-10 Department of Corrections.
2264-11 (8) (Blank).
2265-12 (8.5) (Blank).
2266-13 (9) (Blank).
2267-14 (10) (Blank).
2268-15 (11) (Blank).
2269-16 (e) Consecutive terms; subsequent non-Illinois term. If an
2270-17 Illinois court has imposed a sentence of imprisonment on a
2271-18 defendant and the defendant is subsequently sentenced to a
2272-19 term of imprisonment by a court of another state or a federal
2273-20 court, then the Illinois sentence shall run consecutively to
2274-21 the sentence imposed by the court of the other state or the
2275-22 federal court. That same Illinois court, however, may order
2276-23 that the Illinois sentence run concurrently with the sentence
2277-24 imposed by the court of the other state or the federal court,
2278-25 but only if the defendant applies to that same Illinois court
2279-26 within 30 days after the sentence imposed by the court of the
2280-
2281-
2282-
2283-
2284-
2285- SB2655 Enrolled - 64 - LRB103 35186 KTG 65160 b
2286-
2287-
2288-SB2655 Enrolled- 65 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 65 - LRB103 35186 KTG 65160 b
2289- SB2655 Enrolled - 65 - LRB103 35186 KTG 65160 b
2290-1 other state or the federal court is finalized.
2291-2 (f) Consecutive terms; aggregate maximums and minimums.
2292-3 The aggregate maximum and aggregate minimum of consecutive
2293-4 sentences shall be determined as follows:
2294-5 (1) For sentences imposed under law in effect prior to
2295-6 February 1, 1978, the aggregate maximum of consecutive
2296-7 sentences shall not exceed the maximum term authorized
2297-8 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
2298-9 Chapter V for the 2 most serious felonies involved. The
2299-10 aggregate minimum period of consecutive sentences shall
2300-11 not exceed the highest minimum term authorized under
2301-12 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
2302-13 V for the 2 most serious felonies involved. When sentenced
2303-14 only for misdemeanors, a defendant shall not be
2304-15 consecutively sentenced to more than the maximum for one
2305-16 Class A misdemeanor.
2306-17 (2) For sentences imposed under the law in effect on
2307-18 or after February 1, 1978, the aggregate of consecutive
2308-19 sentences for offenses that were committed as part of a
2309-20 single course of conduct during which there was no
2310-21 substantial change in the nature of the criminal objective
2311-22 shall not exceed the sum of the maximum terms authorized
2312-23 under Article 4.5 of Chapter V for the 2 most serious
2313-24 felonies involved, but no such limitation shall apply for
2314-25 offenses that were not committed as part of a single
2315-26 course of conduct during which there was no substantial
2316-
2317-
2318-
2319-
2320-
2321- SB2655 Enrolled - 65 - LRB103 35186 KTG 65160 b
2322-
2323-
2324-SB2655 Enrolled- 66 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 66 - LRB103 35186 KTG 65160 b
2325- SB2655 Enrolled - 66 - LRB103 35186 KTG 65160 b
2326-1 change in the nature of the criminal objective. When
2327-2 sentenced only for misdemeanors, a defendant shall not be
2328-3 consecutively sentenced to more than the maximum for one
2329-4 Class A misdemeanor.
2330-5 (g) Consecutive terms; manner served. In determining the
2331-6 manner in which consecutive sentences of imprisonment, one or
2332-7 more of which is for a felony, will be served, the Department
2333-8 of Corrections shall treat the defendant as though he or she
2334-9 had been committed for a single term subject to each of the
2335-10 following:
2336-11 (1) The maximum period of a term of imprisonment shall
2337-12 consist of the aggregate of the maximums of the imposed
2338-13 indeterminate terms, if any, plus the aggregate of the
2339-14 imposed determinate sentences for felonies, plus the
2340-15 aggregate of the imposed determinate sentences for
2341-16 misdemeanors, subject to subsection (f) of this Section.
2342-17 (2) The parole or mandatory supervised release term
2343-18 shall be as provided in paragraph (e) of Section 5-4.5-50
2344-19 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
2345-20 involved.
2346-21 (3) The minimum period of imprisonment shall be the
2347-22 aggregate of the minimum and determinate periods of
2348-23 imprisonment imposed by the court, subject to subsection
2349-24 (f) of this Section.
2350-25 (4) The defendant shall be awarded credit against the
2351-26 aggregate maximum term and the aggregate minimum term of
2352-
2353-
2354-
2355-
2356-
2357- SB2655 Enrolled - 66 - LRB103 35186 KTG 65160 b
2358-
2359-
2360-SB2655 Enrolled- 67 -LRB103 35186 KTG 65160 b SB2655 Enrolled - 67 - LRB103 35186 KTG 65160 b
2361- SB2655 Enrolled - 67 - LRB103 35186 KTG 65160 b
2362-1 imprisonment for all time served in an institution since
2363-2 the commission of the offense or offenses and as a
2364-3 consequence thereof at the rate specified in Section 3-6-3
2365-4 (730 ILCS 5/3-6-3).
2366-5 (h) Notwithstanding any other provisions of this Section,
2367-6 all sentences imposed by an Illinois court under this Code
2368-7 shall run concurrent to any and all sentences imposed under
2369-8 the Juvenile Court Act of 1987.
2370-9 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
2371-10 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)
2372-
2373-
2374-
2375-
2376-
2377- SB2655 Enrolled - 67 - LRB103 35186 KTG 65160 b
114+ SB2655 Engrossed - 4 - LRB103 35186 KTG 65160 b