SB1035 EnrolledLRB097 04764 RLC 44803 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 115-17b as follows:
 
6    (725 ILCS 5/115-17b new)
7    Sec. 115-17b. Administrative subpoenas.
8    (a) Definitions. As used in this Section:
9        "Electronic communication services" and "remote
10    computing services" have the same meaning as provided in
11    the Electronic Communications Privacy Act in Chapter 121
12    (commencing with Section 2701) of Part I of Title 18 of the
13    United States Code Annotated.
14        "Offense involving the sexual exploitation of
15    children" means an offense under Section 11-6, 11-6.5,
16    11-6.6, 11-9.1, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
17    11-19.2, 11-20.1, 11-20.3, 11-21, 11-23, 11-25, 11-26,
18    12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code
19    of 1961 or any attempt to commit any of these offenses when
20    the victim is under 18 years of age.
21    (b) Subpoenas duces tecum. In any criminal investigation of
22an offense involving the sexual exploitation of children, the
23Attorney General, or his or her designee, or a State's

 

 

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1Attorney, or his or her designee, may issue in writing and
2cause to be served subpoenas duces tecum to providers of
3electronic communication services or remote computing services
4requiring the production of records relevant to the
5investigation. Any such request for records shall not extend
6beyond requiring the provider to disclose the information
7specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum
8issued under this Section shall be made returnable to the Chief
9Judge of the Circuit Court for the Circuit in which the State's
10Attorney resides, or his or her designee, or for subpoenas
11issued by the Attorney General, the subpoena shall be made
12returnable to the Chief Judge of the Circuit Court for the
13Circuit to which the investigation pertains, or his or her
14designee, to determine whether the documents are privileged and
15whether the subpoena is unreasonable or oppressive.
16    (c) Contents of subpoena. A subpoena under this Section
17shall describe the records or other things required to be
18produced and prescribe a return date within a reasonable period
19of time within which the objects or records can be assembled
20and made available.
21    (c-5) Contemporaneous notice to Chief Judge. Whenever a
22subpoena is issued under this Section, the Attorney General or
23his or her designee or the State's Attorney or his of her
24designee shall be required to provide a copy of the subpoena to
25the Chief Judge of the county in which the subpoena is
26returnable.

 

 

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1    (d) Modifying or quashing subpoena. At any time before the
2return date specified in the subpoena, the person or entity to
3whom the subpoena is directed may petition for an order
4modifying or quashing the subpoena on the grounds that the
5subpoena is oppressive or unreasonable or that the subpoena
6seeks privileged documents or records.
7    (e) Ex parte order. An Illinois circuit court for the
8circuit in which the subpoena is or will be issued, upon
9application of the Attorney General, or his or her designee, or
10State's Attorney, or his or her designee, may issue an ex parte
11order that no person or entity disclose to any other person or
12entity (other than persons necessary to comply with the
13subpoena) the existence of such subpoena for a period of up to
1490 days.
15        (1) Such order may be issued upon a showing that the
16    things being sought may be relevant to the investigation
17    and there is reason to believe that such disclosure may
18    result in:
19            (A) endangerment to the life or physical safety of
20        any person;
21            (B) flight to avoid prosecution;
22            (C) destruction of or tampering with evidence;
23            (D) intimidation of potential witnesses; or
24            (E) otherwise seriously jeopardizing an
25        investigation or unduly delaying a trial.
26        (2) An order under this Section may be renewed for

 

 

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1    additional periods of up to 90 days upon a showing that the
2    circumstances described in paragraph (1) of this
3    subsection (e) continue to exist.
4    (f) Enforcement. A witness who is duly subpoenaed who
5neglects or refuses to comply with the subpoena shall be
6proceeded against and punished for contempt of the court. A
7subpoena duces tecum issued under this Section may be enforced
8pursuant to the Uniform Act to Secure the Attendance of
9Witnesses from Within or Without a State in Criminal
10Proceedings.
11    (g) Immunity from civil liability. Notwithstanding any
12federal, State, or local law, any person, including officers,
13agents, and employees, receiving a subpoena under this Section,
14who complies in good faith with the subpoena and thus produces
15the materials sought, shall not be liable in any court of
16Illinois to any customer or other person for such production or
17for nondisclosure of that production to the customer.
 
18    Section 10. The Unified Code of Corrections is amended by
19changing Section 5-8-4 as follows:
 
20    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
21    Sec. 5-8-4. Concurrent and consecutive terms of
22imprisonment.
23    (a) Concurrent terms; multiple or additional sentences.
24When an Illinois court (i) imposes multiple sentences of

 

 

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1imprisonment on a defendant at the same time or (ii) imposes a
2sentence of imprisonment on a defendant who is already subject
3to a sentence of imprisonment imposed by an Illinois court, a
4court of another state, or a federal court, then the sentences
5shall run concurrently unless otherwise determined by the
6Illinois court under this Section.
7    (b) Concurrent terms; misdemeanor and felony. A defendant
8serving a sentence for a misdemeanor who is convicted of a
9felony and sentenced to imprisonment shall be transferred to
10the Department of Corrections, and the misdemeanor sentence
11shall be merged in and run concurrently with the felony
12sentence.
13    (c) Consecutive terms; permissive. The court may impose
14consecutive sentences in any of the following circumstances:
15        (1) If, having regard to the nature and circumstances
16    of the offense and the history and character of the
17    defendant, it is the opinion of the court that consecutive
18    sentences are required to protect the public from further
19    criminal conduct by the defendant, the basis for which the
20    court shall set forth in the record.
21        (2) If one of the offenses for which a defendant was
22    convicted was a violation of Section 32-5.2 (aggravated
23    false personation of a peace officer) of the Criminal Code
24    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
25    in attempting or committing a forcible felony.
26    (d) Consecutive terms; mandatory. The court shall impose

 

 

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1consecutive sentences in each of the following circumstances:
2        (1) One of the offenses for which the defendant was
3    convicted was first degree murder or a Class X or Class 1
4    felony and the defendant inflicted severe bodily injury.
5        (2) The defendant was convicted of a violation of
6    Section 11-20.1 (child pornography), 11-20.3 (aggravated
7    child pornography), 12-13 (criminal sexual assault), 12-14
8    (aggravated criminal sexual assault), or 12-14.1
9    (predatory criminal sexual assault of a child) of the
10    Criminal Code of 1961 (720 ILCS 5/11-20.1, 5/11-20.3,
11    5/12-13, 5/12-14, or 5/12-14.1).
12        (3) The defendant was convicted of armed violence based
13    upon the predicate offense of any of the following:
14    solicitation of murder, solicitation of murder for hire,
15    heinous battery, aggravated battery of a senior citizen,
16    criminal sexual assault, a violation of subsection (g) of
17    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
18    cannabis trafficking, a violation of subsection (a) of
19    Section 401 of the Illinois Controlled Substances Act (720
20    ILCS 570/401), controlled substance trafficking involving
21    a Class X felony amount of controlled substance under
22    Section 401 of the Illinois Controlled Substances Act (720
23    ILCS 570/401), a violation of the Methamphetamine Control
24    and Community Protection Act (720 ILCS 646/), calculated
25    criminal drug conspiracy, or streetgang criminal drug
26    conspiracy.

 

 

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1        (4) The defendant was convicted of the offense of
2    leaving the scene of a motor vehicle accident involving
3    death or personal injuries under Section 11-401 of the
4    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof under Section 11-501 of the
8    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
9    homicide under Section 9-3 of the Criminal Code of 1961
10    (720 ILCS 5/9-3), or (C) both an offense described in item
11    (A) and an offense described in item (B).
12        (5) The defendant was convicted of a violation of
13    Section 9-3.1 (concealment of homicidal death) or Section
14    12-20.5 (dismembering a human body) of the Criminal Code of
15    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
16        (5.5) The defendant was convicted of a violation of
17    Section 24-3.7 (use of a stolen firearm in the commission
18    of an offense) of the Criminal Code of 1961.
19        (6) If the defendant was in the custody of the
20    Department of Corrections at the time of the commission of
21    the offense, the sentence shall be served consecutive to
22    the sentence under which the defendant is held by the
23    Department of Corrections. If, however, the defendant is
24    sentenced to punishment by death, the sentence shall be
25    executed at such time as the court may fix without regard
26    to the sentence under which the defendant may be held by

 

 

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1    the Department.
2        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
3    for escape or attempted escape shall be served consecutive
4    to the terms under which the offender is held by the
5    Department of Corrections.
6        (8) If a person charged with a felony commits a
7    separate felony while on pretrial release or in pretrial
8    detention in a county jail facility or county detention
9    facility, then the sentences imposed upon conviction of
10    these felonies shall be served consecutively regardless of
11    the order in which the judgments of conviction are entered.
12        (8.5) If a person commits a battery against a county
13    correctional officer or sheriff's employee while serving a
14    sentence or in pretrial detention in a county jail
15    facility, then the sentence imposed upon conviction of the
16    battery shall be served consecutively with the sentence
17    imposed upon conviction of the earlier misdemeanor or
18    felony, regardless of the order in which the judgments of
19    conviction are entered.
20        (9) If a person admitted to bail following conviction
21    of a felony commits a separate felony while free on bond or
22    if a person detained in a county jail facility or county
23    detention facility following conviction of a felony
24    commits a separate felony while in detention, then any
25    sentence following conviction of the separate felony shall
26    be consecutive to that of the original sentence for which

 

 

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1    the defendant was on bond or detained.
2        (10) If a person is found to be in possession of an
3    item of contraband, as defined in clause (c)(2) of Section
4    31A-1.1 of the Criminal Code of 1961, while serving a
5    sentence in a county jail or while in pre-trial detention
6    in a county jail, the sentence imposed upon conviction for
7    the offense of possessing contraband in a penal institution
8    shall be served consecutively to the sentence imposed for
9    the offense in which the person is serving sentence in the
10    county jail or serving pretrial detention, regardless of
11    the order in which the judgments of conviction are entered.
12        (11) If a person is sentenced for a violation of bail
13    bond under Section 32-10 of the Criminal Code of 1961, any
14    sentence imposed for that violation shall be served
15    consecutive to the sentence imposed for the charge for
16    which bail had been granted and with respect to which the
17    defendant has been convicted.
18    (e) Consecutive terms; subsequent non-Illinois term. If an
19Illinois court has imposed a sentence of imprisonment on a
20defendant and the defendant is subsequently sentenced to a term
21of imprisonment by a court of another state or a federal court,
22then the Illinois sentence shall run consecutively to the
23sentence imposed by the court of the other state or the federal
24court. That same Illinois court, however, may order that the
25Illinois sentence run concurrently with the sentence imposed by
26the court of the other state or the federal court, but only if

 

 

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1the defendant applies to that same Illinois court within 30
2days after the sentence imposed by the court of the other state
3or the federal court is finalized.
4    (f) Consecutive terms; aggregate maximums and minimums.
5The aggregate maximum and aggregate minimum of consecutive
6sentences shall be determined as follows:
7        (1) For sentences imposed under law in effect prior to
8    February 1, 1978, the aggregate maximum of consecutive
9    sentences shall not exceed the maximum term authorized
10    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
11    Chapter V for the 2 most serious felonies involved. The
12    aggregate minimum period of consecutive sentences shall
13    not exceed the highest minimum term authorized under
14    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
15    V for the 2 most serious felonies involved. When sentenced
16    only for misdemeanors, a defendant shall not be
17    consecutively sentenced to more than the maximum for one
18    Class A misdemeanor.
19        (2) For sentences imposed under the law in effect on or
20    after February 1, 1978, the aggregate of consecutive
21    sentences for offenses that were committed as part of a
22    single course of conduct during which there was no
23    substantial change in the nature of the criminal objective
24    shall not exceed the sum of the maximum terms authorized
25    under Article 4.5 of Chapter V for the 2 most serious
26    felonies involved, but no such limitation shall apply for

 

 

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1    offenses that were not committed as part of a single course
2    of conduct during which there was no substantial change in
3    the nature of the criminal objective. When sentenced only
4    for misdemeanors, a defendant shall not be consecutively
5    sentenced to more than the maximum for one Class A
6    misdemeanor.
7    (g) Consecutive terms; manner served. In determining the
8manner in which consecutive sentences of imprisonment, one or
9more of which is for a felony, will be served, the Department
10of Corrections shall treat the defendant as though he or she
11had been committed for a single term subject to each of the
12following:
13        (1) The maximum period of a term of imprisonment shall
14    consist of the aggregate of the maximums of the imposed
15    indeterminate terms, if any, plus the aggregate of the
16    imposed determinate sentences for felonies, plus the
17    aggregate of the imposed determinate sentences for
18    misdemeanors, subject to subsection (f) of this Section.
19        (2) The parole or mandatory supervised release term
20    shall be as provided in paragraph (e) of Section 5-4.5-50
21    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
22    involved.
23        (3) The minimum period of imprisonment shall be the
24    aggregate of the minimum and determinate periods of
25    imprisonment imposed by the court, subject to subsection
26    (f) of this Section.

 

 

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1        (4) The defendant shall be awarded credit against the
2    aggregate maximum term and the aggregate minimum term of
3    imprisonment for all time served in an institution since
4    the commission of the offense or offenses and as a
5    consequence thereof at the rate specified in Section 3-6-3
6    (730 ILCS 5/3-6-3).
7(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
895-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
97-2-10; 96-1200, eff. 7-22-10.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.