|
| Public Act 098-0437
|
| HB2647 Enrolled | LRB098 05661 RLC 35700 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 Criminal Code of 2012 is amended by changing |
Section 11-20.1 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
severely or profoundly intellectually disabled |
person where such child or severely
or profoundly |
intellectually disabled person is:
|
(i) actually or by simulation engaged in any act 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 severely or
profoundly |
intellectually disabled person 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 |
severely or profoundly intellectually disabled
person |
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 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 severely or |
profoundly
intellectually disabled person whom the person |
|
knows or reasonably should know to be
under the age of 18 |
or to be a severely or profoundly intellectually disabled |
person,
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 |
severely or
profoundly intellectually disabled person |
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 severely or profoundly |
intellectually disabled person to appear in any stage play, |
live presentation, film,
videotape, photograph or other |
similar visual reproduction or depiction
by computer in |
which the
child or severely or profoundly intellectually |
disabled person
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 severely or profoundly intellectually disabled person |
and who knowingly permits, induces, promotes, or arranges
|
for such child or severely or profoundly intellectually |
disabled
person 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 severely or profoundly intellectually disabled person
|
whom the person knows or reasonably should know to be under |
the age of 18
or to be a severely or profoundly |
intellectually disabled
person, engaged in any 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 severely or profoundly intellectually |
disabled person 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 severely or profoundly intellectually disabled |
person 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 severely or |
profoundly intellectually disabled person but only where, |
prior to the act or acts giving rise to a
prosecution under |
this 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 severely or
profoundly intellectually disabled |
person 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.
|
(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 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 |
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 |
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
severely or profoundly intellectually |
disabled person 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 |
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 |
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 16D-2 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 |
severely or profoundly intellectually disabled person,
|
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 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 severely or profoundly intellectually |
disabled person.
|
(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 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 |
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 |
legal argument
concerning whether those provisions were |
substantially re-enacted by other
Public Acts.
|
(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff. |
1-1-12; 97-227, eff. 1-1-12; 97-995, eff. 1-1-13; 97-1109, eff. |
1-1-13.)
|
Section 10. The Unified Code of Corrections is amended by |
changing Section 5-8-4 as follows:
|
(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. |
|
(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.
|
(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 11-20.1 (child pornography), 11-20.1B or 11-20.3 |
(aggravated child pornography), 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 (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. |
(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 |
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 accident 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 |
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. If, however, the defendant is |
sentenced to punishment by death, the sentence shall be |
executed at such time as the court may fix without regard |
to the sentence under which the defendant may be held by |
the Department. |
(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) 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 |
|
these felonies shall be served consecutively regardless of |
the order in which the judgments of conviction are entered. |
(8.5) 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 shall 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. |
(9) If a person admitted to bail following conviction |
of a felony commits a
separate felony while free on bond 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 shall |
be consecutive to that of the original sentence for which |
the defendant was on bond or detained.
|
(10) 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 pre-trial detention in a county jail, the |
sentence imposed upon conviction for the offense of |
possessing contraband in a penal institution shall be |
served consecutively to the sentence imposed for the |
offense in which the person is serving sentence in the |
|
county jail or serving pretrial detention, regardless of |
the order in which the judgments of conviction are entered. |
(11) If a person is sentenced for a violation of bail |
bond under Section 32-10 of the Criminal Code of 1961 or |
the Criminal Code of 2012, any sentence imposed for that |
violation shall be served
consecutive to the sentence |
imposed for the charge for which bail had been
granted and |
with respect to which the defendant has been convicted. |
(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, 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 |
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. |
(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).
|
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. |
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, |
