Bill Text: IL HB4623 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.

Spectrum: Moderate Partisan Bill (Democrat 56-13)

Status: (Engrossed) 2024-04-26 - Added as Alternate Co-Sponsor Sen. Linda Holmes [HB4623 Detail]

Download: Illinois-2023-HB4623-Engrossed.html

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HB4623 Engrossed LRB103 37447 RLC 67569 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:
(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles
being operated as school buses or a permit valid only for the
operation of first division vehicles being operated as school
buses to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct
fingerprint-based fingerprint based criminal background checks
on current and future information available in the State state
system and current information available through the Federal

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Bureau of Investigation's system. Applicants who have
completed the fingerprinting requirements shall not be
subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful
completion of the annual refresher course. Individuals who on
July 1, 1995 (the effective date of Public Act 88-612) possess
a valid school bus driver permit that has been previously
issued by the appropriate Regional School Superintendent are
not subject to the fingerprinting provisions of this Section
as long as the permit remains valid and does not lapse. The
applicant shall be required to pay all related application and
fingerprinting fees as established by rule, including, but not
limited to, the amounts established by the Illinois State
Police and the Federal Bureau of Investigation to process
fingerprint-based fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint-based fingerprint based criminal background
investigations. All other fees paid under this Section shall
be deposited into the Road Fund for the purpose of defraying
the costs of the Secretary of State in administering this
Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;

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3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a first division or second
division written test, administered by the Secretary of
State, on school bus operation, school bus safety, and
special traffic laws relating to school buses and submit
to a review of the applicant's driving habits by the
Secretary of State at the time the written test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;

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8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and,
after satisfactory completion of said initial course, an
annual refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,

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10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,

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which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Section 4.1 and 5.1 of the Wrongs
to Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused a crash resulting in the death of
any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and

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16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
(a-10) (a-5) By January 1, 2024, the Secretary of State,
in conjunction with the Illinois State Board of Education,
shall develop a separate classroom course and refresher course
for operation of vehicles of the first division being operated
as school buses. Regional superintendents of schools, working
with the Illinois State Board of Education, shall offer the
course.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip

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code, and date of birth, a brief description of the holder, and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a

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provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus

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driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit

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to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next work shift workshift.
An employing school board that fails to remove the offending
school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus

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contractor who violates a provision of this Section is subject
to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.

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"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,
eff. 7-1-23; revised 9-19-23.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL);
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections
6-509 and 6-510 of this Code. The Secretary shall cause to
be administered such tests as the Secretary deems

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necessary to meet the requirements of 49 CFR Part 383,
subparts F, G, H, and J.
(1.5) Effective July 1, 2014, no person shall be
issued an original CDL or an upgraded CDL that requires a
skills test unless that person has held a CLP, for a
minimum of 14 calendar days, for the classification of
vehicle and endorsement, if any, for which the person is
seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 CFR
383.75 and 49 CFR 384.228 and 384.229, to administer the
skills test or tests specified by the Federal Motor
Carrier Safety Administration pursuant to the Commercial
Motor Vehicle Safety Act of 1986 and any appropriate
federal rule.
(3)(i) Effective February 7, 2020, unless the person
is exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.
(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,

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persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year
of completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 CFR 383.77. The Secretary of State shall
waive the skills tests specified in this Section for a driver
applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 CFR 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked, or cancelled in any
state, or any territory or province of Canada; nor may a CLP or

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CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or
vehicle classification not present on the current CDL. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may
be met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints
to the Illinois State Police in the form and manner
prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State
Police and Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of

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State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22, 11-23, 11-24,
11-25, 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
subsection (b) of Section 8-1, and in subdivisions (a)(1),

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(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
of Section 12-3.05, and in subsection (a) and subsection
(b), clause (1), of Section 12-4, and in subsection (A),
clauses (a) and (b), of Section 24-3, and those offenses
contained in Article 29D of the Criminal Code of 1961 or
the Criminal Code of 2012; (ii) those offenses defined in
the Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those
offenses defined in the Illinois Controlled Substances
Act; (iv) those offenses defined in the Methamphetamine
Control and Community Protection Act; (v) any offense
committed or attempted in any other state or against the
laws of the United States, which if committed or attempted
in this State would be punishable as one or more of the
foregoing offenses; (vi) the offenses defined in Sections
4.1 and 5.1 of the Wrongs to Children Act or Section
11-9.1A of the Criminal Code of 1961 or the Criminal Code
of 2012; (vii) those offenses defined in Section 6-16 of
the Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act.
The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus

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endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 CFR 383. A person may not operate a
school bus as defined in this Section without a school bus
endorsement. The Secretary of State may adopt rules consistent
with Federal guidelines to implement this subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 11-20.1 and 11-23.5 and by adding Sections
11-20.4 and 11-23.7 as follows:
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age
of 18 or any person with a severe or profound intellectual
disability where such child or person with a severe or
profound intellectual disability is:
(i) actually or by simulation engaged in any act

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of sexual penetration or sexual conduct with any
person or animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability and the mouth, anus,
or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child or
person with a severe or profound intellectual
disability and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the
unclothed or transparently clothed genitals, pubic

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area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other
person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual
disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or a
person with a severe or profound intellectual disability
engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably
should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in

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any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or person with a
severe or profound intellectual disability is or will be
depicted, actually or by simulation, in any act, pose or
setting described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a person with a severe or profound intellectual
disability and who knowingly permits, induces, promotes,
or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage
play, live performance, film, videotape, photograph or
other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described
in subparagraphs (i) through (vii) of paragraph (1) of
this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual
disability whom the person knows or reasonably should know
to be under the age of 18 or to be a person with a severe
or profound intellectual disability, engaged in any

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activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply
to multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer
that are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of
child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years of
age or older or that the person was not a person with a severe
or profound intellectual disability but only where, prior to
the act or acts giving rise to a prosecution under this

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Section, he or she took some affirmative action or made a
bonafide inquiry designed to ascertain whether the child was
18 years of age or older or that the person was not a person
with a severe or profound intellectual disability and his or
her reliance upon the information so obtained was clearly
reasonable.
(1.5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section
by virtue of the transmission, storage, or caching of
electronic communications or messages of others or by virtue
of the provision of other related telecommunications,
commercial mobile services, or information services used by
others in violation of this Section.
(2) (Blank).
(3) The charge of child pornography shall not apply to the
performance of official duties by law enforcement or
prosecuting officers or persons employed by law enforcement or
prosecuting agencies, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers. In any criminal proceeding, any property or material
that constitutes child pornography shall remain in the care,
custody, and control of either the State or the court. A motion
to view the evidence shall comply with subsection (e-5) of

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this Section.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by
computer in which child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape, or
visual reproduction or depiction by computer in which child
pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or
visual reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class X felony with a

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mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
involves a film, videotape, or other moving depiction, a
violation of paragraph (3) of subsection (a) is a Class X
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation does not involve a film,
videotape, or other moving depiction, a violation of paragraph
(2) of subsection (a) is a Class 1 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (2) of subsection (a) is a
Class X felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. If the violation does not involve a
film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a
mandatory minimum fine of $1000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum

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fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under
the age of 13, a person who commits a violation of paragraph
(6) of subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate

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sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or a person with a severe or profound
intellectual disability engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited
in the manner, method and procedure provided by Section 36-1
of this Code for the seizure and forfeiture of vessels,
vehicles and aircraft.
In addition, any person convicted under this Section is

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subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice
of the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5)
may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or

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data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 17.05 of this
Code.
(7) For the purposes of this Section, "child
pornography" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction
by computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18 or a
person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such. "Child pornography" also includes a
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer that is
advertised, promoted, presented, described, or distributed
in such a manner that conveys the impression that the

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film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer is of a
person under the age of 18 or a person with a severe or
profound intellectual disability. "Child pornography"
includes the depiction of a part of an actual child under
the age of 18 who, by manipulation, creation, or
modification, appears to be engaged in any activity
described in subparagraphs (i) through (vii) of paragraph
(1) of subsection (a). "Child pornography" does not
include images or materials in which the creator of the
image or materials is the sole subject of the depiction.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the
Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended
the Juvenile Court Act of 1987. (B) Article 15 was
entitled GANGS and amended various provisions of the
Criminal Code of 1961 and the Unified Code of
Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
and amended various provisions of the Illinois Vehicle

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Code. (D) Article 25 was entitled DRUG ABUSE and
amended the Cannabis Control Act and the Illinois
Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the
Code of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code
of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45
created the Secure Residential Youth Care Facility
Licensing Act and amended the State Finance Act, the
Juvenile Court Act of 1987, the Unified Code of
Corrections, and the Private Correctional Facility
Moratorium Act. (I) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card
Act, the Juvenile Court Act of 1987, the Criminal Code
of 1961, the Wrongs to Children Act, and the Unified
Code of Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to

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appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that
was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any

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legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
(720 ILCS 5/11-20.4 new)
Sec. 11-20.4. Obscene depiction of a purported child.
(a) In this Section:
"Obscene depiction" means a visual representation of
any kind, including an image, video, or computer-generated
image or video, whether made, produced, or altered by
electronic, mechanical, or other means, that:
(i) the average person, applying contemporary
adult community standards, would find that, taken as a
whole, it appeals to the prurient interest;
(ii) the average person, applying contemporary
adult community standards, would find that it depicts
or describes, in a patently offensive way, sexual acts
or sadomasochistic sexual acts, whether normal or
perverted, actual or simulated, or masturbation,
excretory functions, or lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks or, if such person is a female, the
fully or partially developed breast of the child or
other person; and
(iii) taken as a whole, it lacks serious literary,
artistic, political, or scientific value.

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"Purported child" means a visual representation that
appears to depict a child under the age of 18 but may or
may not depict an actual child under the age of 18.
(b) A person commits obscene depiction of a purported
child when, with knowledge of the nature or content thereof,
the person:
(1) receives, obtains, or accesses in any way with the
intent to view, any obscene depiction of a purported
child; or
(2) reproduces, disseminates, offers to disseminate,
exhibits, or possesses with intent to disseminate, any
obscene depiction of a purported child.
(c) A violation of paragraph (1) of subsection (b) is a
Class 3 felony, and a second or subsequent offense is a Class 2
felony. A violation of paragraph (2) of subsection (b) is a
Class 1 felony, and a second or subsequent offense is a Class X
felony.
(d) If the age of the purported child depicted is under the
age of 13, a violation of paragraph (1) of subsection (b) is a
Class 2 felony, and a second or subsequent offense is a Class 1
felony. If the age of the purported child depicted is under the
age of 13, a violation of paragraph (2) of subsection (b) is a
Class X felony, and a second or subsequent offense is a Class X
felony for which the person shall be sentenced to a term of
imprisonment of not less than 9 years.
(e) Nothing in this Section shall be construed to impose

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liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(f) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of
Criminal Procedure of 1963.
(720 ILCS 5/11-23.5)
Sec. 11-23.5. Non-consensual dissemination of private
sexual images.
(a) Definitions. For the purposes of this Section:
"Computer", "computer program", and "data" have the
meanings ascribed to them in Section 17-0.5 of this Code.
"Image" includes a photograph, film, videotape,
digital recording, or other depiction or portrayal of an
object, including a human body.
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area,
anus, or if the person is female, a partially or fully
exposed nipple, including exposure through transparent

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clothing.
"Personal identifying information" has the meaning
ascribed to the term in Section 16-0.1.
"Sexual act" means sexual penetration, masturbation,
or sexual activity.
"Sexual activity" means any:
(1) knowing touching or fondling by the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the
victim or another person or animal for the purpose of
sexual gratification or arousal; or
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of
the victim or another; or
(3) an act of urination within a sexual context;
or
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
(b) A person commits non-consensual dissemination of
private sexual images when he or she:
(1) intentionally disseminates an image of another
person:
(A) (blank); and who is at least 18 years of age;
and
(B) who is identifiable from the image itself, or

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whose personal identifying information is or
information displayed or disseminated in connection
with the image, or whose identity is known to the
person who disseminated the image; and
(C) who is engaged in a sexual act or whose
intimate parts are exposed, in whole or in part; and
(2) obtains the image under circumstances in which a
reasonable person would know or understand that the image
was to remain private; and
(3) knows or should have known that the person in the
image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images

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involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of
Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of private
sexual images is a Class 4 felony.
(Source: P.A. 98-1138, eff. 6-1-15.)
(720 ILCS 5/11-23.7 new)
Sec. 11-23.7. Non-consensual dissemination of sexually
explicit digitized depictions.

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(a) Definitions. For the purposes of this Section:
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area, anus,
or if the person is female, a partially or fully exposed
nipple, including exposure through transparent clothing.
"Personal identifying information" has the meaning
ascribed to it in Section 16-0.1.
"Sexual activity" means:
(1) any knowing touching or fondling of the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the victim
or another person or animal for the purpose of sexual
gratification or arousal;
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim, for
the purpose of sexual gratification or arousal of the
victim or another;
(3) an act of urination within a sexual context;
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
"Sexually explicit digitized depiction" means any image,
photograph, film, video, digital recording, or other depiction
or portrayal that has been created, altered, or otherwise
modified to realistically depict either:
(1) the intimate parts of another human being as the
intimate parts of the depicted individual or

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computer-generated intimate parts as the intimate parts of
the depicted individual; or
(2) the depicted individual engaging in sexual
activity in which the depicted individual did not engage.
(b) A person commits non-consensual dissemination of
sexually explicit digitized depictions when the person:
(1) intentionally disseminates a sexually explicit
digitized depiction of another person who is identifiable
from the image itself, or whose personal identifying
information is displayed or disseminated in connection
with the image, or whose identify is known to the person
who disseminates the image; and
(2) knows or should have known that the person in the
image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.

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(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images
involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of
Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of sexually
explicit digitized depictions is a Class 4 felony.
Section 15. The Code of Criminal Procedure of 1963 is

HB4623 Engrossed - 43 - LRB103 37447 RLC 67569 b
amended by changing Section 124B-500 as follows:
(725 ILCS 5/124B-500)
Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits child pornography, aggravated child
pornography, obscene depiction of a purported child, or
non-consensual dissemination of private sexual images, or
non-consensual dissemination of sexually explicit digitized
depictions under Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4,
or 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall forfeit the following property to
the State of Illinois:
(1) Any profits or proceeds and any property the
person has acquired or maintained in violation of Section
11-20.1, 11-20.1B, 11-20.3, 11-20.4, or 11-23.5, or
11-23.7 of the Criminal Code of 1961 or the Criminal Code
of 2012 that the sentencing court determines, after a
forfeiture hearing under this Article, to have been
acquired or maintained as a result of child pornography,
aggravated child pornography, obscene depiction of a
purported child, or non-consensual dissemination of
private sexual images, or non-consensual dissemination of
sexually explicit digitized depictions.
(2) Any interest in, securities of, claim against, or
property or contractual right of any kind affording a
source of influence over any enterprise that the person

HB4623 Engrossed - 44 - LRB103 37447 RLC 67569 b
has established, operated, controlled, or conducted in
violation of Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4,
or 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the
Criminal Code of 2012 that the sentencing court
determines, after a forfeiture hearing under this Article,
to have been acquired or maintained as a result of child
pornography, aggravated child pornography, obscene
depiction of a purported child, or non-consensual
dissemination of private sexual images, or non-consensual
dissemination of sexually explicit digitized depictions.
(3) Any computer that contains a depiction of child
pornography or an obscene depiction of a purported child
in any encoded or decoded format in violation of Section
11-20.1, 11-20.1B, or 11-20.3, or 11-20.4 of the Criminal
Code of 1961 or the Criminal Code of 2012. For purposes of
this paragraph (3), "computer" has the meaning ascribed to
it in Section 17-0.5 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
98-1138, eff. 6-1-15.)
Section 20. The Bill of Rights for Children is amended by
changing Section 3 as follows:
(725 ILCS 115/3) (from Ch. 38, par. 1353)
Sec. 3. Rights to present child impact statement.
(a) In any case where a defendant has been convicted of a

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violent crime involving a child or a juvenile has been
adjudicated a delinquent for any offense defined in Sections
11-6, 11-20.1, 11-20.1B, and 11-20.3, and 11-20.4 and in
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, except
those in which both parties have agreed to the imposition of a
specific sentence, and a parent or legal guardian of the child
involved is present in the courtroom at the time of the
sentencing or the disposition hearing, the parent or legal
guardian upon his or her request shall have the right to
address the court regarding the impact which the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon the child. If the parent or legal guardian chooses to
exercise this right, the impact statement must have been
prepared in writing in conjunction with the Office of the
State's Attorney prior to the initial hearing or sentencing,
before it can be presented orally at the sentencing hearing.
The court shall consider any statements made by the parent or
legal guardian, along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
(b) The crime victim has the right to prepare a victim
impact statement and present it to the office of the State's
Attorney at any time during the proceedings.
(c) This Section shall apply to any child victims of any
offense defined in Sections 11-1.20 through 11-1.60 or 12-13

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through 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 during any dispositional hearing under Section 5-705
of the Juvenile Court Act of 1987 which takes place pursuant to
an adjudication of delinquency for any such offense.
(Source: P.A. 96-292, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
Section 25. The Unified Code of Corrections is amended by
changing Sections 5-5-3, 5-5-3.2, 5-8-1, and 5-8-4 as follows:
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c)(1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the

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Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater

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felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(P-6) A violation of paragraph (2) of subsection (b)
of Section 11-20.4 of the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code

HB4623 Engrossed - 50 - LRB103 37447 RLC 67569 b
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(V-5) A violation of paragraph (1) of subsection (b)

HB4623 Engrossed - 51 - LRB103 37447 RLC 67569 b
of Section 11-20.4 of the Criminal Code of 2012 when the
victim is under 13 years of age and the defendant has
previously been convicted under the laws of this State or
any other state of the offense of child pornography,
aggravated child pornography, aggravated criminal sexual
abuse, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or any of the offenses
formerly known as rape, deviate sexual assault, indecent
liberties with a child, or aggravated indecent liberties
with a child if the victim was under the age of 18 years or
an offense that is substantially equivalent to those
offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.

HB4623 Engrossed - 52 - LRB103 37447 RLC 67569 b
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.

HB4623 Engrossed - 53 - LRB103 37447 RLC 67569 b
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.

HB4623 Engrossed - 54 - LRB103 37447 RLC 67569 b
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.

HB4623 Engrossed - 55 - LRB103 37447 RLC 67569 b
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).

HB4623 Engrossed - 56 - LRB103 37447 RLC 67569 b
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of

HB4623 Engrossed - 57 - LRB103 37447 RLC 67569 b
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its

HB4623 Engrossed - 58 - LRB103 37447 RLC 67569 b
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a
court approved plan, including, but not limited to,
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the

HB4623 Engrossed - 59 - LRB103 37447 RLC 67569 b
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with

HB4623 Engrossed - 60 - LRB103 37447 RLC 67569 b
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.

HB4623 Engrossed - 61 - LRB103 37447 RLC 67569 b
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human

HB4623 Engrossed - 62 - LRB103 37447 RLC 67569 b
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. The court shall order that the cost of any such
test shall be paid by the county and may be taxed as costs
against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, any violation of the Illinois
Controlled Substances Act, any violation of the Cannabis
Control Act, or any violation of the Methamphetamine Control
and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation

HB4623 Engrossed - 63 - LRB103 37447 RLC 67569 b
granted under Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, or Section 70
of the Methamphetamine Control and Community Protection Act of
a defendant, the court shall determine whether the defendant
is employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational

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training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l)(A) Except as provided in paragraph (C) of subsection

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(l), whenever a defendant, who is not a citizen or national of
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon
motion of the State's Attorney, hold sentence in abeyance and
remand the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported
when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the

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Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

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of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;

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(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with

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the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as

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defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

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12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.

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For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour

HB4623 Engrossed - 73 - LRB103 37447 RLC 67569 b
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,

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solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(26.5) the defendant committed the offense of obscene
depiction of a purported child, specifically including
paragraph (2) of subsection (b) of Section 11-20.4 of the
Criminal Code of 2012 if a child engaged in, solicited
for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a

HB4623 Engrossed - 75 - LRB103 37447 RLC 67569 b
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the

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custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the

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influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term

HB4623 Engrossed - 78 - LRB103 37447 RLC 67569 b
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or

HB4623 Engrossed - 79 - LRB103 37447 RLC 67569 b
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted

HB4623 Engrossed - 80 - LRB103 37447 RLC 67569 b
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different

HB4623 Engrossed - 81 - LRB103 37447 RLC 67569 b
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or

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predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a

HB4623 Engrossed - 83 - LRB103 37447 RLC 67569 b
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the

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time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subparagraph (b-5) are present, the

HB4623 Engrossed - 85 - LRB103 37447 RLC 67569 b
court may sentence the defendant, subject to Section
5-4.5-105, to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;
(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,
ship, bus, or other public conveyance;
(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;
(4) the murdered individual was killed in the
course of another felony if:

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(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death
of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or
great bodily harm to the murdered
individual or another; and

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(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from
testifying or participating in any criminal
investigation or prosecution or giving material

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assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or
while engaged in a conspiracy or solicitation to
commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of
Corrections at the time of the murder, and while
committing an offense punishable as a felony under

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Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of
a hierarchical position of authority superior to
that of all other members of the conspiracy, and
the defendant counseled, commanded, induced,
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by
an intent to increase or prolong the pain,
suffering or agony of the victim;

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(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;
(13) the murdered individual was subject to an
order of protection and the murder was committed
by a person against whom the same order of
protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used
for school purposes;

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(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or
advanced practice registered nurse; and
(iii) the murdered individual was killed in
the course of acting in his or her capacity as a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained

HB4623 Engrossed - 92 - LRB103 37447 RLC 67569 b
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency

HB4623 Engrossed - 93 - LRB103 37447 RLC 67569 b
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -

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intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,

HB4623 Engrossed - 95 - LRB103 37447 RLC 67569 b
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child pornography under Section
11-20.1B, 11-20.3, or 11-20.1 with sentencing under
subsection (c-5) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, and except for the offense of
obscene depiction of a purported child with sentencing

HB4623 Engrossed - 96 - LRB103 37447 RLC 67569 b
under subsection (d) of Section 11-20.4 of the Criminal
Code of 2012, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective
date of Public Act 94-715) and except for the offenses of
manufacture and dissemination of child pornography under
clauses (a)(1) and (a)(2) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, and except for the
offense of obscene depiction of a purported child under
paragraph (2) of subsection (b) of Section 11-20.4 of the
Criminal Code of 2012, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), for a Class 3 felony or a Class 4
felony, 6 months; no later than 45 days after the onset of
the term of mandatory supervised release, the Prisoner
Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of

HB4623 Engrossed - 97 - LRB103 37447 RLC 67569 b
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715), or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, or who commit the
offense of obscene depiction of a purported child under
paragraph (2) of subsection (b) of Section 11-20.4 of the
Criminal Code of 2012 or who commit the offense of obscene
depiction of a purported child with sentencing under
subsection (d) of Section 11-20.4 of the Criminal Code of
2012, the term of mandatory supervised release shall range
from a minimum of 3 years to a maximum of the natural life
of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under

HB4623 Engrossed - 98 - LRB103 37447 RLC 67569 b
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009, and except for
the offense of obscene depiction of a purported child with
sentencing under subsection (d) of Section 11-20.4 of the
Criminal Code of 2012, and except as provided in paragraph
(4) or paragraph (6) of this subsection (d), the term of
mandatory supervised release shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.

HB4623 Engrossed - 99 - LRB103 37447 RLC 67569 b
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.

HB4623 Engrossed - 100 - LRB103 37447 RLC 67569 b
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of

HB4623 Engrossed - 101 - LRB103 37447 RLC 67569 b
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(4) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery may be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the

HB4623 Engrossed - 102 - LRB103 37447 RLC 67569 b
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection

HB4623 Engrossed - 103 - LRB103 37447 RLC 67569 b
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(2.6) The defendant was convicted of:
(A) a violation of paragraph (2) of subsection (b)
of Section 11-20.4 of the Criminal Code of 2012; or
(B) a violation of paragraph (1) of Section
11-20.4 of the Criminal Code of 2012 when the
purported child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401

HB4623 Engrossed - 104 - LRB103 37447 RLC 67569 b
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle crash involving death
or personal injuries under Section 11-401 of the Illinois
Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of

HB4623 Engrossed - 105 - LRB103 37447 RLC 67569 b
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,

HB4623 Engrossed - 106 - LRB103 37447 RLC 67569 b
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for

HB4623 Engrossed - 107 - LRB103 37447 RLC 67569 b
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.

HB4623 Engrossed - 108 - LRB103 37447 RLC 67569 b
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
102-1104, eff. 12-6-22.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
HB4623 Engrossed - 109 - LRB103 37447 RLC 67569 b
INDEX
Statutes amended in order of appearance