Full Text of SB1035 97th General Assembly
SB1035enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 22 | | an offense involving the sexual exploitation of children, the | 23 | | Attorney General, or his or her designee, or a State's |
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| 1 | | Attorney, or his or her designee, may issue in writing and | 2 | | cause to be served subpoenas duces tecum to providers of | 3 | | electronic communication services or remote computing services | 4 | | requiring the production of records relevant to the | 5 | | investigation. Any such request for records shall not extend | 6 | | beyond requiring the provider to disclose the information | 7 | | specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum | 8 | | issued under this Section shall be made returnable to the Chief | 9 | | Judge of the Circuit Court for the Circuit in which the State's | 10 | | Attorney resides, or his or her designee, or for subpoenas | 11 | | issued by the Attorney General, the subpoena shall be made | 12 | | returnable to the Chief Judge of the Circuit Court for the | 13 | | Circuit to which the investigation pertains, or his or her | 14 | | designee, to determine whether the documents are privileged and | 15 | | whether the subpoena is unreasonable or oppressive. | 16 | | (c) Contents of subpoena. A subpoena under this Section | 17 | | shall describe the records or other things required to be | 18 | | produced and prescribe a return date within a reasonable period | 19 | | of time within which the objects or records can be assembled | 20 | | and made available. | 21 | | (c-5) Contemporaneous notice to Chief Judge. Whenever a | 22 | | subpoena is issued under this Section, the Attorney General or | 23 | | his or her designee or the State's Attorney or his of her | 24 | | designee shall be required to provide a copy of the subpoena to | 25 | | the Chief Judge of the county in which the subpoena is | 26 | | returnable. |
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| 1 | | (d) Modifying or quashing subpoena. At any time before the | 2 | | return date specified in the subpoena, the person or entity to | 3 | | whom the subpoena is directed may petition for an order | 4 | | modifying or quashing the subpoena on the grounds that the | 5 | | subpoena is oppressive or unreasonable or that the subpoena | 6 | | seeks privileged documents or records. | 7 | | (e) Ex parte order. An Illinois circuit court for the | 8 | | circuit in which the subpoena is or will be issued, upon | 9 | | application of the Attorney General, or his or her designee, or | 10 | | State's Attorney, or his or her designee, may issue an ex parte | 11 | | order that no person or entity disclose to any other person or | 12 | | entity (other than persons necessary to comply with the | 13 | | subpoena) the existence of such subpoena for a period of up to | 14 | | 90 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 | 5 | | neglects or refuses to comply with the subpoena shall be | 6 | | proceeded against and punished for contempt of the court. A | 7 | | subpoena duces tecum issued under this Section may be enforced | 8 | | pursuant to the Uniform Act to Secure the Attendance of | 9 | | Witnesses from Within or Without a State in Criminal | 10 | | Proceedings. | 11 | | (g) Immunity from civil liability. Notwithstanding any | 12 | | federal, State, or local law, any person, including officers, | 13 | | agents, and employees, receiving a subpoena under this Section, | 14 | | who complies in good faith with the subpoena and thus produces | 15 | | the materials sought, shall not be liable in any court of | 16 | | Illinois to any customer or other person for such production or | 17 | | for nondisclosure of that production to the customer. | 18 | | Section 10. The Unified Code of Corrections is amended by | 19 | | changing 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 | 22 | | imprisonment.
| 23 | | (a) Concurrent terms; multiple or additional sentences. | 24 | | When an Illinois court (i) imposes multiple sentences of |
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| 1 | | imprisonment on a defendant at the same time or (ii) imposes a | 2 | | sentence of imprisonment on a defendant who is already subject | 3 | | to a sentence of imprisonment imposed by an Illinois court, a | 4 | | court of another state, or a federal court, then the sentences | 5 | | shall run concurrently unless otherwise determined by the | 6 | | Illinois court under this Section. | 7 | | (b) Concurrent terms; misdemeanor and felony. A defendant | 8 | | serving a sentence for a
misdemeanor who is convicted of a | 9 | | felony and sentenced to imprisonment shall be transferred to | 10 | | the Department of Corrections, and the misdemeanor sentence | 11 | | shall be merged in and run concurrently with the felony | 12 | | sentence. | 13 | | (c) Consecutive terms; permissive. The court may impose | 14 | | consecutive 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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| 1 | | consecutive 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 | 19 | | Illinois court has imposed a
sentence of imprisonment on a | 20 | | defendant and the defendant is subsequently sentenced to a term | 21 | | of imprisonment by a court of another state or a federal court, | 22 | | then the Illinois sentence shall run consecutively to the | 23 | | sentence imposed by the court of the other state or the federal | 24 | | court. That same Illinois court, however, may order that the | 25 | | Illinois sentence run concurrently with the sentence imposed by | 26 | | the court of the other state or the federal court, but only if |
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| 1 | | the defendant applies to that same Illinois court within 30 | 2 | | days after the sentence imposed by the court of the other state | 3 | | or the federal court is finalized. | 4 | | (f) Consecutive terms; aggregate maximums and minimums. | 5 | | The aggregate maximum
and aggregate minimum of consecutive | 6 | | sentences 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 | 8 | | manner in which consecutive sentences of imprisonment, one or | 9 | | more of which is for a felony, will be served, the Department | 10 | | of Corrections shall treat the defendant as though he or she | 11 | | had been committed for a single term subject to each of the | 12 | | following: | 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; | 8 | | 95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff. | 9 | | 7-2-10; 96-1200, eff. 7-22-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law. |
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