HB2647 EnrolledLRB098 05661 RLC 35700 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 Criminal Code of 2012 is amended by changing
5Section 11-20.1 as follows:
 
6    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
7    Sec. 11-20.1. Child pornography.
8    (a) A person commits child pornography who:
9        (1) films, videotapes, photographs, or otherwise
10    depicts or portrays by means of any similar visual medium
11    or reproduction or depicts by computer any child whom he or
12    she knows or reasonably should know to be under the age of
13    18 or any severely or profoundly intellectually disabled
14    person where such child or severely or profoundly
15    intellectually disabled person is:
16            (i) actually or by simulation engaged in any act of
17        sexual penetration or sexual conduct with any person or
18        animal; or
19            (ii) actually or by simulation engaged in any act
20        of sexual penetration or sexual conduct involving the
21        sex organs of the child or severely or profoundly
22        intellectually disabled person and the mouth, anus, or
23        sex organs of another person or animal; or which

 

 

HB2647 Enrolled- 2 -LRB098 05661 RLC 35700 b

1        involves the mouth, anus or sex organs of the child or
2        severely or profoundly intellectually disabled person
3        and the sex organs of another person or animal; or
4            (iii) actually or by simulation engaged in any act
5        of masturbation; or
6            (iv) actually or by simulation portrayed as being
7        the object of, or otherwise engaged in, any act of lewd
8        fondling, touching, or caressing involving another
9        person or animal; or
10            (v) actually or by simulation engaged in any act of
11        excretion or urination within a sexual context; or
12            (vi) actually or by simulation portrayed or
13        depicted as bound, fettered, or subject to sadistic,
14        masochistic, or sadomasochistic abuse in any sexual
15        context; or
16            (vii) depicted or portrayed in any pose, posture or
17        setting involving a lewd exhibition of the unclothed or
18        transparently clothed genitals, pubic area, buttocks,
19        or, if such person is female, a fully or partially
20        developed breast of the child or other person; or
21        (2) with the knowledge of the nature or content
22    thereof, reproduces, disseminates, offers to disseminate,
23    exhibits or possesses with intent to disseminate any film,
24    videotape, photograph or other similar visual reproduction
25    or depiction by computer of any child or severely or
26    profoundly intellectually disabled person whom the person

 

 

HB2647 Enrolled- 3 -LRB098 05661 RLC 35700 b

1    knows or reasonably should know to be under the age of 18
2    or to be a severely or profoundly intellectually disabled
3    person, engaged in any activity described in subparagraphs
4    (i) through (vii) of paragraph (1) of this subsection; or
5        (3) with knowledge of the subject matter or theme
6    thereof, produces any stage play, live performance, film,
7    videotape or other similar visual portrayal or depiction by
8    computer which includes a child whom the person knows or
9    reasonably should know to be under the age of 18 or a
10    severely or profoundly intellectually disabled person
11    engaged in any activity described in subparagraphs (i)
12    through (vii) of paragraph (1) of this subsection; or
13        (4) solicits, uses, persuades, induces, entices, or
14    coerces any child whom he or she knows or reasonably should
15    know to be under the age of 18 or a severely or profoundly
16    intellectually disabled person to appear in any stage play,
17    live presentation, film, videotape, photograph or other
18    similar visual reproduction or depiction by computer in
19    which the child or severely or profoundly intellectually
20    disabled person is or will be depicted, actually or by
21    simulation, in any act, pose or setting described in
22    subparagraphs (i) through (vii) of paragraph (1) of this
23    subsection; or
24        (5) is a parent, step-parent, legal guardian or other
25    person having care or custody of a child whom the person
26    knows or reasonably should know to be under the age of 18

 

 

HB2647 Enrolled- 4 -LRB098 05661 RLC 35700 b

1    or a severely or profoundly intellectually disabled person
2    and who knowingly permits, induces, promotes, or arranges
3    for such child or severely or profoundly intellectually
4    disabled person to appear in any stage play, live
5    performance, film, videotape, photograph or other similar
6    visual presentation, portrayal or simulation or depiction
7    by computer of any act or activity described in
8    subparagraphs (i) through (vii) of paragraph (1) of this
9    subsection; or
10        (6) with knowledge of the nature or content thereof,
11    possesses any film, videotape, photograph or other similar
12    visual reproduction or depiction by computer of any child
13    or severely or profoundly intellectually disabled person
14    whom the person knows or reasonably should know to be under
15    the age of 18 or to be a severely or profoundly
16    intellectually disabled person, engaged in any activity
17    described in subparagraphs (i) through (vii) of paragraph
18    (1) of this subsection; or
19        (7) solicits, or knowingly uses, persuades, induces,
20    entices, or coerces, a person to provide a child under the
21    age of 18 or a severely or profoundly intellectually
22    disabled person to appear in any videotape, photograph,
23    film, stage play, live presentation, or other similar
24    visual reproduction or depiction by computer in which the
25    child or severely or profoundly intellectually disabled
26    person will be depicted, actually or by simulation, in any

 

 

HB2647 Enrolled- 5 -LRB098 05661 RLC 35700 b

1    act, pose, or setting described in subparagraphs (i)
2    through (vii) of paragraph (1) of this subsection.
3    (a-5) The possession of each individual film, videotape,
4photograph, or other similar visual reproduction or depiction
5by computer in violation of this Section constitutes a single
6and separate violation. This subsection (a-5) does not apply to
7multiple copies of the same film, videotape, photograph, or
8other similar visual reproduction or depiction by computer that
9are identical to each other.
10    (b) (1) It shall be an affirmative defense to a charge of
11    child pornography that the defendant reasonably believed,
12    under all of the circumstances, that the child was 18 years
13    of age or older or that the person was not a severely or
14    profoundly intellectually disabled person but only where,
15    prior to the act or acts giving rise to a prosecution under
16    this Section, he or she took some affirmative action or
17    made a bonafide inquiry designed to ascertain whether the
18    child was 18 years of age or older or that the person was
19    not a severely or profoundly intellectually disabled
20    person and his or her reliance upon the information so
21    obtained was clearly reasonable.
22        (1.5) Telecommunications carriers, commercial mobile
23    service providers, and providers of information services,
24    including, but not limited to, Internet service providers
25    and hosting service providers, are not liable under this
26    Section by virtue of the transmission, storage, or caching

 

 

HB2647 Enrolled- 6 -LRB098 05661 RLC 35700 b

1    of electronic communications or messages of others or by
2    virtue of the provision of other related
3    telecommunications, commercial mobile services, or
4    information services used by others in violation of this
5    Section.
6        (2) (Blank).
7        (3) The charge of child pornography shall not apply to
8    the performance of official duties by law enforcement or
9    prosecuting officers or persons employed by law
10    enforcement or prosecuting agencies, court personnel or
11    attorneys, nor to bonafide treatment or professional
12    education programs conducted by licensed physicians,
13    psychologists or social workers.
14        (4) If the defendant possessed more than one of the
15    same film, videotape or visual reproduction or depiction by
16    computer in which child pornography is depicted, then the
17    trier of fact may infer that the defendant possessed such
18    materials with the intent to disseminate them.
19        (5) The charge of child pornography does not apply to a
20    person who does not voluntarily possess a film, videotape,
21    or visual reproduction or depiction by computer in which
22    child pornography is depicted. Possession is voluntary if
23    the defendant knowingly procures or receives a film,
24    videotape, or visual reproduction or depiction for a
25    sufficient time to be able to terminate his or her
26    possession.

 

 

HB2647 Enrolled- 7 -LRB098 05661 RLC 35700 b

1        (6) Any violation of paragraph (1), (2), (3), (4), (5),
2    or (7) of subsection (a) that includes a child engaged in,
3    solicited for, depicted in, or posed in any act of sexual
4    penetration or bound, fettered, or subject to sadistic,
5    masochistic, or sadomasochistic abuse in a sexual context
6    shall be deemed a crime of violence.
7    (c) If the violation does not involve a film, videotape, or
8other moving depiction, a violation of paragraph (1), (4), (5),
9or (7) of subsection (a) is a Class 1 felony with a mandatory
10minimum fine of $2,000 and a maximum fine of $100,000. If the
11violation involves a film, videotape, or other moving
12depiction, a violation of paragraph (1), (4), (5), or (7) of
13subsection (a) is a Class X felony with a mandatory minimum
14fine of $2,000 and a maximum fine of $100,000. If the violation
15does not involve a film, videotape, or other moving depiction,
16a violation of paragraph (3) of subsection (a) is a Class 1
17felony with a mandatory minimum fine of $1500 and a maximum
18fine of $100,000. If the violation involves a film, videotape,
19or other moving depiction, a violation of paragraph (3) of
20subsection (a) is a Class X felony with a mandatory minimum
21fine of $1500 and a maximum fine of $100,000. If the violation
22does not involve a film, videotape, or other moving depiction,
23a violation of paragraph (2) of subsection (a) is a Class 1
24felony with a mandatory minimum fine of $1000 and a maximum
25fine of $100,000. If the violation involves a film, videotape,
26or other moving depiction, a violation of paragraph (2) of

 

 

HB2647 Enrolled- 8 -LRB098 05661 RLC 35700 b

1subsection (a) is a Class X felony with a mandatory minimum
2fine of $1000 and a maximum fine of $100,000. If the violation
3does not involve a film, videotape, or other moving depiction,
4a violation of paragraph (6) of subsection (a) is a Class 3
5felony with a mandatory minimum fine of $1000 and a maximum
6fine of $100,000. If the violation involves a film, videotape,
7or other moving depiction, a violation of paragraph (6) of
8subsection (a) is a Class 2 felony with a mandatory minimum
9fine of $1000 and a maximum fine of $100,000.
10    (c-5) Where the child depicted is under the age of 13, a
11violation of paragraph (1), (2), (3), (4), (5), or (7) of
12subsection (a) is a Class X felony with a mandatory minimum
13fine of $2,000 and a maximum fine of $100,000. Where the child
14depicted is under the age of 13, a violation of paragraph (6)
15of subsection (a) is a Class 2 felony with a mandatory minimum
16fine of $1,000 and a maximum fine of $100,000. Where the child
17depicted is under the age of 13, a person who commits a
18violation of paragraph (1), (2), (3), (4), (5), or (7) of
19subsection (a) where the defendant has previously been
20convicted under the laws of this State or any other state of
21the offense of child pornography, aggravated child
22pornography, aggravated criminal sexual abuse, aggravated
23criminal sexual assault, predatory criminal sexual assault of a
24child, or any of the offenses formerly known as rape, deviate
25sexual assault, indecent liberties with a child, or aggravated
26indecent liberties with a child where the victim was under the

 

 

HB2647 Enrolled- 9 -LRB098 05661 RLC 35700 b

1age of 18 years or an offense that is substantially equivalent
2to those offenses, is guilty of a Class X felony for which the
3person shall be sentenced to a term of imprisonment of not less
4than 9 years with a mandatory minimum fine of $2,000 and a
5maximum fine of $100,000. Where the child depicted is under the
6age of 13, a person who commits a violation of paragraph (6) of
7subsection (a) where the defendant has previously been
8convicted under the laws of this State or any other state of
9the offense of child pornography, aggravated child
10pornography, aggravated criminal sexual abuse, aggravated
11criminal sexual assault, predatory criminal sexual assault of a
12child, or any of the offenses formerly known as rape, deviate
13sexual assault, indecent liberties with a child, or aggravated
14indecent liberties with a child where the victim was under the
15age of 18 years or an offense that is substantially equivalent
16to those offenses, is guilty of a Class 1 felony with a
17mandatory minimum fine of $1,000 and a maximum fine of
18$100,000. The issue of whether the child depicted is under the
19age of 13 is an element of the offense to be resolved by the
20trier of fact.
21    (d) If a person is convicted of a second or subsequent
22violation of this Section within 10 years of a prior
23conviction, the court shall order a presentence psychiatric
24examination of the person. The examiner shall report to the
25court whether treatment of the person is necessary.
26    (e) Any film, videotape, photograph or other similar visual

 

 

HB2647 Enrolled- 10 -LRB098 05661 RLC 35700 b

1reproduction or depiction by computer which includes a child
2under the age of 18 or a severely or profoundly intellectually
3disabled person engaged in any activity described in
4subparagraphs (i) through (vii) or paragraph 1 of subsection
5(a), and any material or equipment used or intended for use in
6photographing, filming, printing, producing, reproducing,
7manufacturing, projecting, exhibiting, depiction by computer,
8or disseminating such material shall be seized and forfeited in
9the manner, method and procedure provided by Section 36-1 of
10this Code for the seizure and forfeiture of vessels, vehicles
11and aircraft.
12    In addition, any person convicted under this Section is
13subject to the property forfeiture provisions set forth in
14Article 124B of the Code of Criminal Procedure of 1963.
15    (e-5) Upon the conclusion of a case brought under this
16Section, the court shall seal all evidence depicting a victim
17or witness that is sexually explicit. The evidence may be
18unsealed and viewed, on a motion of the party seeking to unseal
19and view the evidence, only for good cause shown and in the
20discretion of the court. The motion must expressly set forth
21the purpose for viewing the material. The State's attorney and
22the victim, if possible, shall be provided reasonable notice of
23the hearing on the motion to unseal the evidence. Any person
24entitled to notice of a hearing under this subsection (e-5) may
25object to the motion.
26    (f) Definitions. For the purposes of this Section:

 

 

HB2647 Enrolled- 11 -LRB098 05661 RLC 35700 b

1        (1) "Disseminate" means (i) to sell, distribute,
2    exchange or transfer possession, whether with or without
3    consideration or (ii) to make a depiction by computer
4    available for distribution or downloading through the
5    facilities of any telecommunications network or through
6    any other means of transferring computer programs or data
7    to a computer.
8        (2) "Produce" means to direct, promote, advertise,
9    publish, manufacture, issue, present or show.
10        (3) "Reproduce" means to make a duplication or copy.
11        (4) "Depict by computer" means to generate or create,
12    or cause to be created or generated, a computer program or
13    data that, after being processed by a computer either alone
14    or in conjunction with one or more computer programs,
15    results in a visual depiction on a computer monitor,
16    screen, or display.
17        (5) "Depiction by computer" means a computer program or
18    data that, after being processed by a computer either alone
19    or in conjunction with one or more computer programs,
20    results in a visual depiction on a computer monitor,
21    screen, or display.
22        (6) "Computer", "computer program", and "data" have
23    the meanings ascribed to them in Section 16D-2 of this
24    Code.
25        (7) For the purposes of this Section, "child
26    pornography" includes a film, videotape, photograph, or

 

 

HB2647 Enrolled- 12 -LRB098 05661 RLC 35700 b

1    other similar visual medium or reproduction or depiction by
2    computer that is, or appears to be, that of a person,
3    either in part, or in total, under the age of 18 or a
4    severely or profoundly intellectually disabled person,
5    regardless of the method by which the film, videotape,
6    photograph, or other similar visual medium or reproduction
7    or depiction by computer is created, adopted, or modified
8    to appear as such. "Child pornography" also includes a
9    film, videotape, photograph, or other similar visual
10    medium or reproduction or depiction by computer that is
11    advertised, promoted, presented, described, or distributed
12    in such a manner that conveys the impression that the film,
13    videotape, photograph, or other similar visual medium or
14    reproduction or depiction by computer is of a person under
15    the age of 18 or a severely or profoundly intellectually
16    disabled person.
17    (g) Re-enactment; findings; purposes.
18        (1) The General Assembly finds and declares that:
19            (i) Section 50-5 of Public Act 88-680, effective
20        January 1, 1995, contained provisions amending the
21        child pornography statute, Section 11-20.1 of the
22        Criminal Code of 1961. Section 50-5 also contained
23        other provisions.
24            (ii) In addition, Public Act 88-680 was entitled
25        "AN ACT to create a Safe Neighborhoods Law". (A)
26        Article 5 was entitled JUVENILE JUSTICE and amended the

 

 

HB2647 Enrolled- 13 -LRB098 05661 RLC 35700 b

1        Juvenile Court Act of 1987. (B) Article 15 was entitled
2        GANGS and amended various provisions of the Criminal
3        Code of 1961 and the Unified Code of Corrections. (C)
4        Article 20 was entitled ALCOHOL ABUSE and amended
5        various provisions of the Illinois Vehicle Code. (D)
6        Article 25 was entitled DRUG ABUSE and amended the
7        Cannabis Control Act and the Illinois Controlled
8        Substances Act. (E) Article 30 was entitled FIREARMS
9        and amended the Criminal Code of 1961 and the Code of
10        Criminal Procedure of 1963. (F) Article 35 amended the
11        Criminal Code of 1961, the Rights of Crime Victims and
12        Witnesses Act, and the Unified Code of Corrections. (G)
13        Article 40 amended the Criminal Code of 1961 to
14        increase the penalty for compelling organization
15        membership of persons. (H) Article 45 created the
16        Secure Residential Youth Care Facility Licensing Act
17        and amended the State Finance Act, the Juvenile Court
18        Act of 1987, the Unified Code of Corrections, and the
19        Private Correctional Facility Moratorium Act. (I)
20        Article 50 amended the WIC Vendor Management Act, the
21        Firearm Owners Identification Card Act, the Juvenile
22        Court Act of 1987, the Criminal Code of 1961, the
23        Wrongs to Children Act, and the Unified Code of
24        Corrections.
25            (iii) On September 22, 1998, the Third District
26        Appellate Court in People v. Dainty, 701 N.E. 2d 118,

 

 

HB2647 Enrolled- 14 -LRB098 05661 RLC 35700 b

1        ruled that Public Act 88-680 violates the single
2        subject clause of the Illinois Constitution (Article
3        IV, Section 8 (d)) and was unconstitutional in its
4        entirety. As of the time this amendatory Act of 1999
5        was prepared, People v. Dainty was still subject to
6        appeal.
7            (iv) Child pornography is a vital concern to the
8        people of this State and the validity of future
9        prosecutions under the child pornography statute of
10        the Criminal Code of 1961 is in grave doubt.
11        (2) It is the purpose of this amendatory Act of 1999 to
12    prevent or minimize any problems relating to prosecutions
13    for child pornography that may result from challenges to
14    the constitutional validity of Public Act 88-680 by
15    re-enacting the Section relating to child pornography that
16    was included in Public Act 88-680.
17        (3) This amendatory Act of 1999 re-enacts Section
18    11-20.1 of the Criminal Code of 1961, as it has been
19    amended. This re-enactment is intended to remove any
20    question as to the validity or content of that Section; it
21    is not intended to supersede any other Public Act that
22    amends the text of the Section as set forth in this
23    amendatory Act of 1999. The material is shown as existing
24    text (i.e., without underscoring) because, as of the time
25    this amendatory Act of 1999 was prepared, People v. Dainty
26    was subject to appeal to the Illinois Supreme Court.

 

 

HB2647 Enrolled- 15 -LRB098 05661 RLC 35700 b

1        (4) The re-enactment by this amendatory Act of 1999 of
2    Section 11-20.1 of the Criminal Code of 1961 relating to
3    child pornography that was amended by Public Act 88-680 is
4    not intended, and shall not be construed, to imply that
5    Public Act 88-680 is invalid or to limit or impair any
6    legal argument concerning whether those provisions were
7    substantially re-enacted by other Public Acts.
8(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
996-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff.
101-1-12; 97-227, eff. 1-1-12; 97-995, eff. 1-1-13; 97-1109, eff.
111-1-13.)
 
12    Section 10. The Unified Code of Corrections is amended by
13changing Section 5-8-4 as follows:
 
14    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
15    Sec. 5-8-4. Concurrent and consecutive terms of
16imprisonment.
17    (a) Concurrent terms; multiple or additional sentences.
18When an Illinois court (i) imposes multiple sentences of
19imprisonment on a defendant at the same time or (ii) imposes a
20sentence of imprisonment on a defendant who is already subject
21to a sentence of imprisonment imposed by an Illinois court, a
22court of another state, or a federal court, then the sentences
23shall run concurrently unless otherwise determined by the
24Illinois court under this Section.

 

 

HB2647 Enrolled- 16 -LRB098 05661 RLC 35700 b

1    (b) Concurrent terms; misdemeanor and felony. A defendant
2serving a sentence for a misdemeanor who is convicted of a
3felony and sentenced to imprisonment shall be transferred to
4the Department of Corrections, and the misdemeanor sentence
5shall be merged in and run concurrently with the felony
6sentence.
7    (c) Consecutive terms; permissive. The court may impose
8consecutive sentences in any of the following circumstances:
9        (1) If, having regard to the nature and circumstances
10    of the offense and the history and character of the
11    defendant, it is the opinion of the court that consecutive
12    sentences are required to protect the public from further
13    criminal conduct by the defendant, the basis for which the
14    court shall set forth in the record.
15        (2) If one of the offenses for which a defendant was
16    convicted was a violation of Section 32-5.2 (aggravated
17    false personation of a peace officer) of the Criminal Code
18    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
19    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
20    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
21    offense was committed in attempting or committing a
22    forcible felony.
23    (d) Consecutive terms; mandatory. The court shall impose
24consecutive sentences in each of the following circumstances:
25        (1) One of the offenses for which the defendant was
26    convicted was first degree murder or a Class X or Class 1

 

 

HB2647 Enrolled- 17 -LRB098 05661 RLC 35700 b

1    felony and the defendant inflicted severe bodily injury.
2        (2) The defendant was convicted of a violation of
3    Section 11-20.1 (child pornography), 11-20.1B or 11-20.3
4    (aggravated child pornography), 11-1.20 or 12-13 (criminal
5    sexual assault), 11-1.30 or 12-14 (aggravated criminal
6    sexual assault), or 11-1.40 or 12-14.1 (predatory criminal
7    sexual assault of a child) of the Criminal Code of 1961 or
8    the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B,
9    5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14,
10    5/11-1.40, or 5/12-14.1).
11        (2.5) The defendant was convicted of a violation of
12    paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)
13    of Section 11-20.1 (child pornography) or of paragraph (1),
14    (2), (3), (4), (5), or (7) of subsection (a) of Section
15    11-20.1B or 11-20.3 (aggravated child pornography) of the
16    Criminal Code of 1961 or the Criminal Code of 2012; or the
17    defendant was convicted of a violation of paragraph (6) of
18    subsection (a) of Section 11-20.1 (child pornography) or of
19    paragraph (6) of subsection (a) of Section 11-20.1B or
20    11-20.3 (aggravated child pornography) of the Criminal
21    Code of 1961 or the Criminal Code of 2012, when the child
22    depicted is under the age of 13.
23        (3) The defendant was convicted of armed violence based
24    upon the predicate offense of any of the following:
25    solicitation of murder, solicitation of murder for hire,
26    heinous battery as described in Section 12-4.1 or

 

 

HB2647 Enrolled- 18 -LRB098 05661 RLC 35700 b

1    subdivision (a)(2) of Section 12-3.05, aggravated battery
2    of a senior citizen as described in Section 12-4.6 or
3    subdivision (a)(4) of Section 12-3.05, criminal sexual
4    assault, a violation of subsection (g) of Section 5 of the
5    Cannabis Control Act (720 ILCS 550/5), cannabis
6    trafficking, a violation of subsection (a) of Section 401
7    of the Illinois Controlled Substances Act (720 ILCS
8    570/401), controlled substance trafficking involving a
9    Class X felony amount of controlled substance under Section
10    401 of the Illinois Controlled Substances Act (720 ILCS
11    570/401), a violation of the Methamphetamine Control and
12    Community Protection Act (720 ILCS 646/), calculated
13    criminal drug conspiracy, or streetgang criminal drug
14    conspiracy.
15        (4) The defendant was convicted of the offense of
16    leaving the scene of a motor vehicle accident involving
17    death or personal injuries under Section 11-401 of the
18    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof under Section 11-501 of the
22    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
23    homicide under Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
25    offense described in item (A) and an offense described in
26    item (B).

 

 

HB2647 Enrolled- 19 -LRB098 05661 RLC 35700 b

1        (5) The defendant was convicted of a violation of
2    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
3    death) or Section 12-20.5 (dismembering a human body) of
4    the Criminal Code of 1961 or the Criminal Code of 2012 (720
5    ILCS 5/9-3.1 or 5/12-20.5).
6        (5.5) The defendant was convicted of a violation of
7    Section 24-3.7 (use of a stolen firearm in the commission
8    of an offense) of the Criminal Code of 1961 or the Criminal
9    Code of 2012.
10        (6) If the defendant was in the custody of the
11    Department of Corrections at the time of the commission of
12    the offense, the sentence shall be served consecutive to
13    the sentence under which the defendant is held by the
14    Department of Corrections. If, however, the defendant is
15    sentenced to punishment by death, the sentence shall be
16    executed at such time as the court may fix without regard
17    to the sentence under which the defendant may be held by
18    the Department.
19        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
20    for escape or attempted escape shall be served consecutive
21    to the terms under which the offender is held by the
22    Department of Corrections.
23        (8) If a person charged with a felony commits a
24    separate felony while on pretrial release or in pretrial
25    detention in a county jail facility or county detention
26    facility, then the sentences imposed upon conviction of

 

 

HB2647 Enrolled- 20 -LRB098 05661 RLC 35700 b

1    these felonies shall be served consecutively regardless of
2    the order in which the judgments of conviction are entered.
3        (8.5) If a person commits a battery against a county
4    correctional officer or sheriff's employee while serving a
5    sentence or in pretrial detention in a county jail
6    facility, then the sentence imposed upon conviction of the
7    battery shall be served consecutively with the sentence
8    imposed upon conviction of the earlier misdemeanor or
9    felony, regardless of the order in which the judgments of
10    conviction are entered.
11        (9) If a person admitted to bail following conviction
12    of a felony commits a separate felony while free on bond or
13    if a person detained in a county jail facility or county
14    detention facility following conviction of a felony
15    commits a separate felony while in detention, then any
16    sentence following conviction of the separate felony shall
17    be consecutive to that of the original sentence for which
18    the defendant was on bond or detained.
19        (10) If a person is found to be in possession of an
20    item of contraband, as defined in Section 31A-0.1 of the
21    Criminal Code of 2012, while serving a sentence in a county
22    jail or while in pre-trial detention in a county jail, the
23    sentence imposed upon conviction for the offense of
24    possessing contraband in a penal institution shall be
25    served consecutively to the sentence imposed for the
26    offense in which the person is serving sentence in the

 

 

HB2647 Enrolled- 21 -LRB098 05661 RLC 35700 b

1    county jail or serving pretrial detention, regardless of
2    the order in which the judgments of conviction are entered.
3        (11) If a person is sentenced for a violation of bail
4    bond under Section 32-10 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, any sentence imposed for that
6    violation shall be served consecutive to the sentence
7    imposed for the charge for which bail had been granted and
8    with respect to which the defendant has been convicted.
9    (e) Consecutive terms; subsequent non-Illinois term. If an
10Illinois court has imposed a sentence of imprisonment on a
11defendant and the defendant is subsequently sentenced to a term
12of imprisonment by a court of another state or a federal court,
13then the Illinois sentence shall run consecutively to the
14sentence imposed by the court of the other state or the federal
15court. That same Illinois court, however, may order that the
16Illinois sentence run concurrently with the sentence imposed by
17the court of the other state or the federal court, but only if
18the defendant applies to that same Illinois court within 30
19days after the sentence imposed by the court of the other state
20or the federal court is finalized.
21    (f) Consecutive terms; aggregate maximums and minimums.
22The aggregate maximum and aggregate minimum of consecutive
23sentences shall be determined as follows:
24        (1) For sentences imposed under law in effect prior to
25    February 1, 1978, the aggregate maximum of consecutive
26    sentences shall not exceed the maximum term authorized

 

 

HB2647 Enrolled- 22 -LRB098 05661 RLC 35700 b

1    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
2    Chapter V for the 2 most serious felonies involved. The
3    aggregate minimum period of consecutive sentences shall
4    not exceed the highest minimum term authorized under
5    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
6    V for the 2 most serious felonies involved. When sentenced
7    only for misdemeanors, a defendant shall not be
8    consecutively sentenced to more than the maximum for one
9    Class A misdemeanor.
10        (2) For sentences imposed under the law in effect on or
11    after February 1, 1978, the aggregate of consecutive
12    sentences for offenses that were committed as part of a
13    single course of conduct during which there was no
14    substantial change in the nature of the criminal objective
15    shall not exceed the sum of the maximum terms authorized
16    under Article 4.5 of Chapter V for the 2 most serious
17    felonies involved, but no such limitation shall apply for
18    offenses that were not committed as part of a single course
19    of conduct during which there was no substantial change in
20    the nature of the criminal objective. When sentenced only
21    for misdemeanors, a defendant shall not be consecutively
22    sentenced to more than the maximum for one Class A
23    misdemeanor.
24    (g) Consecutive terms; manner served. In determining the
25manner in which consecutive sentences of imprisonment, one or
26more of which is for a felony, will be served, the Department

 

 

HB2647 Enrolled- 23 -LRB098 05661 RLC 35700 b

1of Corrections shall treat the defendant as though he or she
2had been committed for a single term subject to each of the
3following:
4        (1) The maximum period of a term of imprisonment shall
5    consist of the aggregate of the maximums of the imposed
6    indeterminate terms, if any, plus the aggregate of the
7    imposed determinate sentences for felonies, plus the
8    aggregate of the imposed determinate sentences for
9    misdemeanors, subject to subsection (f) of this Section.
10        (2) The parole or mandatory supervised release term
11    shall be as provided in paragraph (e) of Section 5-4.5-50
12    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
13    involved.
14        (3) The minimum period of imprisonment shall be the
15    aggregate of the minimum and determinate periods of
16    imprisonment imposed by the court, subject to subsection
17    (f) of this Section.
18        (4) The defendant shall be awarded credit against the
19    aggregate maximum term and the aggregate minimum term of
20    imprisonment for all time served in an institution since
21    the commission of the offense or offenses and as a
22    consequence thereof at the rate specified in Section 3-6-3
23    (730 ILCS 5/3-6-3).
24(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10;
2596-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff.
267-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551,

 

 

HB2647 Enrolled- 24 -LRB098 05661 RLC 35700 b

1Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11;
297-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
31-25-13.)