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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be
9		exempt from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other
19		records prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating

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1		to known or suspected cases of sexually transmitted
2		infection or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmitted
4		Infection Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a
21		local emergency energy plan ordinance that is adopted
22		under Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by carriers
25		under the Emergency Telephone System Act.
26		(k) Law enforcement officer identification information

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1		or driver identification information compiled by a law
2		enforcement agency or the Department of Transportation
3		under Section 11-212 of the Illinois Vehicle Code.
4		(l) Records and information provided to a residential
5		health care facility resident sexual assault and death
6		review team or the Executive Council under the Abuse
7		Prevention Review Team Act.
8		(m) Information provided to the predatory lending
9		database created pursuant to Article 3 of the Residential
10		Real Property Disclosure Act, except to the extent
11		authorized under that Article.
12		(n) Defense budgets and petitions for certification of
13		compensation and expenses for court appointed trial
14		counsel as provided under Sections 10 and 15 of the
15		Capital Crimes Litigation Act (repealed). This subsection
16		(n) shall apply until the conclusion of the trial of the
17		case, even if the prosecution chooses not to pursue the
18		death penalty prior to trial or sentencing.
19		(o) Information that is prohibited from being
20		disclosed under Section 4 of the Illinois Health and
21		Hazardous Substances Registry Act.
22		(p) Security portions of system safety program plans,
23		investigation reports, surveys, schedules, lists, data, or
24		information compiled, collected, or prepared by or for the
25		Department of Transportation under Sections 2705-300 and
26		2705-616 of the Department of Transportation Law of the

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1		Civil Administrative Code of Illinois, the Regional
2		Transportation Authority under Section 2.11 of the
3		Regional Transportation Authority Act, or the St. Clair
4		County Transit District under the Bi-State Transit Safety
5		Act (repealed).
6		(q) Information prohibited from being disclosed by the
7		Personnel Record Review Act.
8		(r) Information prohibited from being disclosed by the
9		Illinois School Student Records Act.
10		(s) Information the disclosure of which is restricted
11		under Section 5-108 of the Public Utilities Act.
12		(t) (Blank).
13		(u) Records and information provided to an independent
14		team of experts under the Developmental Disability and
15		Mental Health Safety Act (also known as Brian's Law).
16		(v) Names and information of people who have applied
17		for or received Firearm Owner's Identification Cards under
18		the Firearm Owners Identification Card Act or applied for
19		or received a concealed carry license under the Firearm
20		Concealed Carry Act, unless otherwise authorized by the
21		Firearm Concealed Carry Act; and databases under the
22		Firearm Concealed Carry Act, records of the Concealed
23		Carry Licensing Review Board under the Firearm Concealed
24		Carry Act, and law enforcement agency objections under the
25		Firearm Concealed Carry Act.
26		(v-5) Records of the Firearm Owner's Identification

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1		Card Review Board that are exempted from disclosure under
2		Section 10 of the Firearm Owners Identification Card Act.
3		(w) Personally identifiable information which is
4		exempted from disclosure under subsection (g) of Section
5		19.1 of the Toll Highway Act.
6		(x) Information which is exempted from disclosure
7		under Section 5-1014.3 of the Counties Code or Section
8		8-11-21 of the Illinois Municipal Code.
9		(y) Confidential information under the Adult
10		Protective Services Act and its predecessor enabling
11		statute, the Elder Abuse and Neglect Act, including
12		information about the identity and administrative finding
13		against any caregiver of a verified and substantiated
14		decision of abuse, neglect, or financial exploitation of
15		an eligible adult maintained in the Registry established
16		under Section 7.5 of the Adult Protective Services Act.
17		(z) Records and information provided to a fatality
18		review team or the Illinois Fatality Review Team Advisory
19		Council under Section 15 of the Adult Protective Services
20		Act.
21		(aa) Information which is exempted from disclosure
22		under Section 2.37 of the Wildlife Code.
23		(bb) Information which is or was prohibited from
24		disclosure by the Juvenile Court Act of 1987.
25		(cc) Recordings made under the Law Enforcement
26		Officer-Worn Body Camera Act, except to the extent

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1		authorized under that Act.
2		(dd) Information that is prohibited from being
3		disclosed under Section 45 of the Condominium and Common
4		Interest Community Ombudsperson Act.
5		(ee) Information that is exempted from disclosure
6		under Section 30.1 of the Pharmacy Practice Act.
7		(ff) Information that is exempted from disclosure
8		under the Revised Uniform Unclaimed Property Act.
9		(gg) Information that is prohibited from being
10		disclosed under Section 7-603.5 of the Illinois Vehicle
11		Code.
12		(hh) Records that are exempt from disclosure under
13		Section 1A-16.7 of the Election Code.
14		(ii) Information which is exempted from disclosure
15		under Section 2505-800 of the Department of Revenue Law of
16		the Civil Administrative Code of Illinois.
17		(jj) Information and reports that are required to be
18		submitted to the Department of Labor by registering day
19		and temporary labor service agencies but are exempt from
20		disclosure under subsection (a-1) of Section 45 of the Day
21		and Temporary Labor Services Act.
22		(kk) Information prohibited from disclosure under the
23		Seizure and Forfeiture Reporting Act.
24		(ll) Information the disclosure of which is restricted
25		and exempted under Section 5-30.8 of the Illinois Public
26		Aid Code.

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1		(mm) Records that are exempt from disclosure under
2		Section 4.2 of the Crime Victims Compensation Act.
3		(nn) Information that is exempt from disclosure under
4		Section 70 of the Higher Education Student Assistance Act.
5		(oo) Communications, notes, records, and reports
6		arising out of a peer support counseling session
7		prohibited from disclosure under the First Responders
8		Suicide Prevention Act.
9		(pp) Names and all identifying information relating to
10		an employee of an emergency services provider or law
11		enforcement agency under the First Responders Suicide
12		Prevention Act.
13		(qq) Information and records held by the Department of
14		Public Health and its authorized representatives collected
15		under the Reproductive Health Act.
16		(rr) Information that is exempt from disclosure under
17		the Cannabis Regulation and Tax Act.
18		(ss) Data reported by an employer to the Department of
19		Human Rights pursuant to Section 2-108 of the Illinois
20		Human Rights Act.
21		(tt) Recordings made under the Children's Advocacy
22		Center Act, except to the extent authorized under that
23		Act.
24		(uu) Information that is exempt from disclosure under
25		Section 50 of the Sexual Assault Evidence Submission Act.
26		(vv) Information that is exempt from disclosure under

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1		subsections (f) and (j) of Section 5-36 of the Illinois
2		Public Aid Code.
3		(ww) Information that is exempt from disclosure under
4		Section 16.8 of the State Treasurer Act.
5		(xx) Information that is exempt from disclosure or
6		information that shall not be made public under the
7		Illinois Insurance Code.
8		(yy) Information prohibited from being disclosed under
9		the Illinois Educational Labor Relations Act.
10		(zz) Information prohibited from being disclosed under
11		the Illinois Public Labor Relations Act.
12		(aaa) Information prohibited from being disclosed
13		under Section 1-167 of the Illinois Pension Code.
14		(bbb) Information that is prohibited from disclosure
15		by the Illinois Police Training Act and the Illinois State
16		Police Act.
17		(ccc) Records exempt from disclosure under Section
18		2605-304 of the Illinois State Police Law of the Civil
19		Administrative Code of Illinois.
20		(ddd) Information prohibited from being disclosed
21		under Section 35 of the Address Confidentiality for
22		Victims of Domestic Violence, Sexual Assault, Human
23		Trafficking, or Stalking Act.
24		(eee) Information prohibited from being disclosed
25		under subsection (b) of Section 75 of the Domestic
26		Violence Fatality Review Act.

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1		(fff) Images from cameras under the Expressway Camera
2		Act. This subsection (fff) is inoperative on and after
3		July 1, 2025.
4		(ggg) Information prohibited from disclosure under
5		paragraph (3) of subsection (a) of Section 14 of the Nurse
6		Agency Licensing Act.
7		(hhh) Information submitted to the Illinois State
8		Police in an affidavit or application for an assault
9		weapon endorsement, assault weapon attachment endorsement,
10		.50 caliber rifle endorsement, or .50 caliber cartridge
11		endorsement under the Firearm Owners Identification Card
12		Act.
13		(iii) Data exempt from disclosure under Section 50 of
14		the School Safety Drill Act.
15		(jjj) Information exempt from disclosure under Section
16		30 of the Insurance Data Security Law.
17		(kkk) Confidential business information prohibited
18		from disclosure under Section 45 of the Paint Stewardship
19		Act.
20		(lll) Data exempt from disclosure under Section
21		2-3.196 of the School Code.
22		(mmm) Information prohibited from being disclosed
23		under subsection (e) of Section 1-129 of the Illinois
24		Power Agency Act.
25		(nnn) Materials received by the Department of Commerce
26		and Economic Opportunity that are confidential under the

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1		Music and Musicians Tax Credit and Jobs Act.
2		(ooo) (nnn) Data or information provided pursuant to
3		Section 20 of the Statewide Recycling Needs and Assessment
4		Act.
5		(ppp) (nnn) Information that is exempt from disclosure
6		under Section 28-11 of the Lawful Health Care Activity
7		Act.
8		(qqq) (nnn) Information that is exempt from disclosure
9		under Section 7-101 of the Illinois Human Rights Act.
10		(rrr) (mmm) Information prohibited from being
11		disclosed under Section 4-2 of the Uniform Money
12		Transmission Modernization Act.
13		(sss) (nnn) Information exempt from disclosure under
14		Section 40 of the Student-Athlete Endorsement Rights Act.
15		(ttt) Audio recordings made under Section 30 of the
16		Illinois State Police Act, except to the extent authorized
17		under that Section.
18		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
19		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
20		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
21		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
22		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
23		eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
24		103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
25		7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
26		eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;

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1		103-1049, eff. 8-9-24; revised 11-26-24.)
2		Section 10. The Illinois State Police Act is amended by
3		changing Section 30 as follows:
4		(20 ILCS 2610/30)
5		Sec. 30. Patrol vehicles with in-car video recording
6		cameras.
7		(a) Definitions. As used in this Section:
8		"Audio recording" means the recorded conversation
9		between an officer and a second party.
10		"Emergency lights" means oscillating, rotating, or
11		flashing lights on patrol vehicles.
12		"In-car video camera" means a video camera located in
13		an Illinois State Police patrol vehicle.
14		"In-car video camera recording equipment" means a
15		video camera recording system located in an Illinois State
16		Police patrol vehicle consisting of a camera assembly,
17		recording mechanism, and an in-car video recording medium.
18		"Enforcement stop" means an action by an officer of
19		the Illinois State Police in relation to enforcement and
20		investigation duties, including but not limited to,
21		traffic stops, pedestrian stops, abandoned vehicle
22		contacts, motorist assists, commercial motor vehicle
23		stops, roadside safety checks, requests for
24		identification, or responses to requests for emergency

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1		assistance.
2		"Recording" means the process of capturing data or
3		information stored on a recording medium as required under
4		this Section.
5		"Recording medium" means any recording medium
6		authorized by the Illinois State Police for the retention
7		and playback of recorded audio and video including, but
8		not limited to, VHS, DVD, hard drive, solid state,
9		digital, or flash memory technology.
10		"Wireless microphone" means a device worn by the
11		officer or any other equipment used to record
12		conversations between the officer and a second party and
13		transmitted to the recording equipment. "Wireless
14		microphone" includes a body-worn camera that is capable of
15		recording audio.
16		(b) By June 1, 2009, the Illinois State Police shall
17		install in-car video camera recording equipment in all patrol
18		vehicles. Subject to appropriation, all patrol vehicles shall
19		be equipped with in-car video camera recording equipment with
20		a recording medium capable of recording for a period of 10
21		hours or more by June 1, 2011. In-car video camera recording
22		equipment shall be capable of making audio recordings with the
23		assistance of a wireless microphone.
24		(c) As of the effective date of this amendatory Act of the
25		95th General Assembly, in-car video camera recording equipment
26		with a recording medium incapable of recording for a period of

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1		10 hours or more shall record activities outside a patrol
2		vehicle whenever (i) an officer assigned a patrol vehicle is
3		conducting an enforcement stop; (ii) patrol vehicle emergency
4		lights are activated or would otherwise be activated if not
5		for the need to conceal the presence of law enforcement; or
6		(iii) an officer reasonably believes recording may assist with
7		prosecution, enhance safety, or for any other lawful purpose.
8		As of the effective date of this amendatory Act of the 95th
9		General Assembly, in-car video camera recording equipment with
10		a recording medium incapable of recording for a period of 10
11		hours or more shall record activities inside the vehicle when
12		transporting an arrestee or when an officer reasonably
13		believes recording may assist with prosecution, enhance
14		safety, or for any other lawful purpose.
15		(1) Recording for an enforcement stop shall begin when
16		the officer determines an enforcement stop is necessary
17		and shall continue until the enforcement action has been
18		completed and the subject of the enforcement stop or the
19		officer has left the scene.
20		(2) Recording shall begin when patrol vehicle
21		emergency lights are activated or when they would
22		otherwise be activated if not for the need to conceal the
23		presence of law enforcement, and shall continue until the
24		reason for the activation ceases to exist, regardless of
25		whether the emergency lights are no longer activated.
26		(3) An officer may begin recording if the officer

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1		reasonably believes recording may assist with prosecution,
2		enhance safety, or for any other lawful purpose; and shall
3		continue until the reason for recording ceases to exist.
4		(4) If an officer's officer-worn body camera is turned
5		off at the request of a victim or witness of a crime in
6		accordance with paragraph (4) of subsection (a) of Section
7		10-20 of the Law Enforcement Officer-Worn Body Camera Act,
8		then the officer shall inform the victim or witness that
9		the in-car video recording will continue recording video.
10		(d) In-car video camera recording equipment with a
11		recording medium capable of recording for a period of 10 hours
12		or more shall record activities whenever a patrol vehicle is
13		assigned to patrol duty.
14		(e) Any enforcement stop resulting from a suspected
15		violation of the Illinois Vehicle Code shall be video and
16		audio recorded. Audio recording shall terminate upon release
17		of the violator and prior to initiating a separate criminal
18		investigation.
19		(f) Recordings made on in-car video camera recording
20		medium shall be retained by the Illinois State Police in the
21		same manner and for the same time periods as recordings made on
22		officer-worn cameras under Section 10-20 of the Law
23		Enforcement Officer-Worn Body Camera Act for a storage period
24		of at least 90 days. Under no circumstances shall any
25		recording made on in-car video camera recording medium be
26		altered or erased prior to the expiration of the designated

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1		storage period. Upon completion of the storage period, the
2		recording medium may be erased and reissued for operational
3		use unless otherwise ordered by the District Commander or his
4		or her designee or by a court, or if designated for evidentiary
5		or training purposes.
6		(g) Video Audio or video recordings made under pursuant to
7		this Section shall be available under the applicable
8		provisions of the Freedom of Information Act. Only recorded
9		portions of the audio recording or video recording medium
10		applicable to the request will be available for inspection or
11		copying.
12		(g-5) Audio recordings made under this Section shall be
13		available in the same manner as recordings made with an
14		officer-worn body camera under subsection (b) of Section 10-20
15		of the Law Enforcement Officer-Worn Body Camera Act.
16		(h) The Illinois State Police shall ensure proper care and
17		maintenance of in-car video camera recording equipment and
18		recording medium. An officer operating a patrol vehicle must
19		immediately document and notify the District Commander or his
20		or her designee of any technical difficulties, failures, or
21		problems with the in-car video camera recording equipment or
22		recording medium. Upon receiving notice, the District
23		Commander or his or her designee shall make every reasonable
24		effort to correct and repair any of the in-car video camera
25		recording equipment or recording medium and determine if it is
26		in the public interest to permit the use of the patrol vehicle.

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1		(i) The Illinois State Police may promulgate rules to
2		implement this amendatory Act of the 95th General Assembly
3		only to the extent necessary to apply the existing rules or
4		applicable internal directives.
5		(Source: P.A. 102-538, eff. 8-20-21.)
6		Section 15. The Law Enforcement Camera Grant Act is
7		amended by changing Section 15 as follows:
8		(50 ILCS 707/15)
9		Sec. 15. Rules; in-car video camera grants.
10		(a) The Board shall develop model rules for the use of
11		in-car video cameras to be adopted by law enforcement agencies
12		that receive grants under Section 10 of this Act. The rules
13		shall include all of the following requirements:
14		(1) Cameras must be installed in the law enforcement
15		agency vehicles.
16		(2) Video recording must provide audio of the officer
17		when the officer is outside of the vehicle.
18		(3) Camera access must be restricted to the
19		supervisors of the officer in the vehicle.
20		(4) Cameras must be turned on continuously throughout
21		the officer's shift.
22		(5) A copy of the video record must be made available
23		upon request to personnel of the law enforcement agency,
24		the local State's Attorney, and any persons depicted in

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1		the video. Procedures for distribution of the video record
2		must include safeguards to protect the identities of
3		individuals who are not a party to the requested stop.
4		(6) Law enforcement agencies that receive moneys under
5		this grant shall provide for storage of the video records
6		for a period of not less than 2 years.
7		(b) Each law enforcement agency receiving a grant for
8		in-car video cameras under Section 10 of this Act must provide
9		an annual report to the Board, the Governor, and the General
10		Assembly on or before May 1 of the year following the receipt
11		of the grant and by each May 1 thereafter during the period of
12		the grant. The report shall include the following:
13		(1) the number of cameras received by the law
14		enforcement agency;
15		(2) the number of cameras actually installed in law
16		enforcement agency vehicles;
17		(3) a brief description of the review process used by
18		supervisors within the law enforcement agency;
19		(4) a list of any criminal, traffic, ordinance, and
20		civil cases in which in-car video recordings were used,
21		including party names, case numbers, offenses charged, and
22		disposition of the matter. Proceedings to which this
23		paragraph (4) applies include, but are not limited to,
24		court proceedings, coroner's inquests, grand jury
25		proceedings, and plea bargains; and
26		(5) any other information relevant to the

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1		administration of the program.
2		(Source: P.A. 99-352, eff. 1-1-16.)
3		Section 20. The Criminal Code of 2012 is amended by
4		changing Sections 11-20.1 and 11-20.4 as follows:
5		(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
6		Sec. 11-20.1. Child pornography.
7		(a) A person commits child pornography who:
8		(1) films, videotapes, photographs, or otherwise
9		depicts or portrays by means of any similar visual medium
10		or reproduction or depicts by computer any child whom he
11		or she knows or reasonably should know to be under the age
12		of 18 or any person with a severe or profound intellectual
13		disability where such child or person with a severe or
14		profound intellectual disability is:
15		(i) actually or by simulation engaged in any act
16		of sexual penetration or sexual conduct with any
17		person or animal; or
18		(ii) actually or by simulation engaged in any act
19		of sexual penetration or sexual conduct involving the
20		sex organs of the child or person with a severe or
21		profound intellectual disability and the mouth, anus,
22		or sex organs of another person or animal; or which
23		involves the mouth, anus or sex organs of the child or
24		person with a severe or profound intellectual

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

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

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

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

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1		hosting service providers, are not liable under this Section
2		by virtue of the transmission, storage, or caching of
3		electronic communications or messages of others or by virtue
4		of the provision of other related telecommunications,
5		commercial mobile services, or information services used by
6		others in violation of this Section.
7		(2) (Blank).
8		(3) The charge of child pornography shall not apply to the
9		performance of official duties by law enforcement or
10		prosecuting officers or persons employed by law enforcement or
11		prosecuting agencies, court personnel or attorneys, nor to
12		bonafide treatment or professional education programs
13		conducted by licensed physicians, psychologists or social
14		workers. In any criminal proceeding, any property or material
15		that constitutes child pornography shall remain in the care,
16		custody, and control of either the State or the court. A motion
17		to view the evidence shall comply with subsection (e-5) of
18		this Section.
19		(3.5) The charge of child pornography does not apply to
20		the creator of a film, video, photograph, or other similar
21		visual image or depiction in which the creator is the sole
22		subject of the film, video, photograph, or other similar
23		visual image or depiction.
24		(4) If the defendant possessed more than one of the same
25		film, videotape or visual reproduction or depiction by
26		computer in which child pornography is depicted, then the

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1		trier of fact may infer that the defendant possessed such
2		materials with the intent to disseminate them.
3		(5) The charge of child pornography does not apply to a
4		person who does not voluntarily possess a film, videotape, or
5		visual reproduction or depiction by computer in which child
6		pornography is depicted. Possession is voluntary if the
7		defendant knowingly procures or receives a film, videotape, or
8		visual reproduction or depiction for a sufficient time to be
9		able to terminate his or her possession.
10		(6) Any violation of paragraph (1), (2), (3), (4), (5), or
11		(7) of subsection (a) that includes a child engaged in,
12		solicited for, depicted in, or posed in any act of sexual
13		penetration or bound, fettered, or subject to sadistic,
14		masochistic, or sadomasochistic abuse in a sexual context
15		shall be deemed a crime of violence.
16		(c) If the violation does not involve a film, videotape,
17		or other moving depiction, a violation of paragraph (1), (4),
18		(5), or (7) of subsection (a) is a Class 1 felony with a
19		mandatory minimum fine of $2,000 and a maximum fine of
20		$100,000. If the violation involves a film, videotape, or
21		other moving depiction, a violation of paragraph (1), (4),
22		(5), or (7) of subsection (a) is a Class X felony with a
23		mandatory minimum fine of $2,000 and a maximum fine of
24		$100,000. If the violation does not involve a film, videotape,
25		or other moving depiction, a violation of paragraph (3) of
26		subsection (a) is a Class 1 felony with a mandatory minimum

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1		fine of $1500 and a maximum fine of $100,000. If the violation
2		involves a film, videotape, or other moving depiction, a
3		violation of paragraph (3) of subsection (a) is a Class X
4		felony with a mandatory minimum fine of $1500 and a maximum
5		fine of $100,000. If the violation does not involve a film,
6		videotape, or other moving depiction, a violation of paragraph
7		(2) of subsection (a) is a Class 1 felony with a mandatory
8		minimum fine of $1000 and a maximum fine of $100,000. If the
9		violation involves a film, videotape, or other moving
10		depiction, a violation of paragraph (2) of subsection (a) is a
11		Class X felony with a mandatory minimum fine of $1000 and a
12		maximum fine of $100,000. If the violation does not involve a
13		film, videotape, or other moving depiction, a violation of
14		paragraph (6) of subsection (a) is a Class 3 felony with a
15		mandatory minimum fine of $1000 and a maximum fine of
16		$100,000. If the violation involves a film, videotape, or
17		other moving depiction, a violation of paragraph (6) of
18		subsection (a) is a Class 2 felony with a mandatory minimum
19		fine of $1000 and a maximum fine of $100,000.
20		(c-5) Where the child depicted is under the age of 13, a
21		violation of paragraph (1), (2), (3), (4), (5), or (7) of
22		subsection (a) is a Class X felony with a mandatory minimum
23		fine of $2,000 and a maximum fine of $100,000. Where the child
24		depicted is under the age of 13, a violation of paragraph (6)
25		of subsection (a) is a Class 2 felony with a mandatory minimum
26		fine of $1,000 and a maximum fine of $100,000. Where the child

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

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1		mandatory minimum fine of $1,000 and a maximum fine of
2		$100,000. The issue of whether the child depicted is under the
3		age of 13 is an element of the offense to be resolved by the
4		trier of fact.
5		(d) If a person is convicted of a second or subsequent
6		violation of this Section within 10 years of a prior
7		conviction, the court shall order a presentence psychiatric
8		examination of the person. The examiner shall report to the
9		court whether treatment of the person is necessary.
10		(e) Any film, videotape, photograph or other similar
11		visual reproduction or depiction by computer which includes a
12		child under the age of 18 or a person with a severe or profound
13		intellectual disability engaged in any activity described in
14		subparagraphs (i) through (vii) or paragraph 1 of subsection
15		(a), and any material or equipment used or intended for use in
16		photographing, filming, printing, producing, reproducing,
17		manufacturing, projecting, exhibiting, depiction by computer,
18		or disseminating such material shall be seized and forfeited
19		in the manner, method and procedure provided by Section 36-1
20		of this Code for the seizure and forfeiture of vessels,
21		vehicles and aircraft.
22		In addition, any person convicted under this Section is
23		subject to the property forfeiture provisions set forth in
24		Article 124B of the Code of Criminal Procedure of 1963.
25		(e-5) Upon the conclusion of a case brought under this
26		Section, the court shall seal all evidence depicting a victim

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1		or witness that is sexually explicit. The evidence may be
2		unsealed and viewed, on a motion of the party seeking to unseal
3		and view the evidence, only for good cause shown and in the
4		discretion of the court. The motion must expressly set forth
5		the purpose for viewing the material. The State's attorney and
6		the victim, if possible, shall be provided reasonable notice
7		of the hearing on the motion to unseal the evidence. Any person
8		entitled to notice of a hearing under this subsection (e-5)
9		may object to the motion.
10		(f) Definitions. For the purposes of this Section:
11		(1) "Disseminate" means (i) to sell, distribute,
12		exchange or transfer possession, whether with or without
13		consideration or (ii) to make a depiction by computer
14		available for distribution or downloading through the
15		facilities of any telecommunications network or through
16		any other means of transferring computer programs or data
17		to a computer.
18		(2) "Produce" means to direct, promote, advertise,
19		publish, manufacture, issue, present or show.
20		(3) "Reproduce" means to make a duplication or copy.
21		(4) "Depict by computer" means to generate or create,
22		or cause to be created or generated, a computer program or
23		data that, after being processed by a computer either
24		alone or in conjunction with one or more computer
25		programs, results in a visual depiction on a computer
26		monitor, screen, or display.

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

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1		includes the depiction of a part of an actual child under
2		the age of 18 who, by manipulation, creation, or
3		modification, appears to be engaged in any activity
4		described in subparagraphs (i) through (vii) of paragraph
5		(1) of subsection (a). "Child pornography" does not
6		include images or materials in which the creator of the
7		image or materials is the sole subject of the depiction.
8		(g) Re-enactment; findings; purposes.
9		(1) The General Assembly finds and declares that:
10		(i) Section 50-5 of Public Act 88-680, effective
11		January 1, 1995, contained provisions amending the
12		child pornography statute, Section 11-20.1 of the
13		Criminal Code of 1961. Section 50-5 also contained
14		other provisions.
15		(ii) In addition, Public Act 88-680 was entitled
16		"AN ACT to create a Safe Neighborhoods Law". (A)
17		Article 5 was entitled JUVENILE JUSTICE and amended
18		the Juvenile Court Act of 1987. (B) Article 15 was
19		entitled GANGS and amended various provisions of the
20		Criminal Code of 1961 and the Unified Code of
21		Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
22		and amended various provisions of the Illinois Vehicle
23		Code. (D) Article 25 was entitled DRUG ABUSE and
24		amended the Cannabis Control Act and the Illinois
25		Controlled Substances Act. (E) Article 30 was entitled
26		FIREARMS and amended the Criminal Code of 1961 and the

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1		Code of Criminal Procedure of 1963. (F) Article 35
2		amended the Criminal Code of 1961, the Rights of Crime
3		Victims and Witnesses Act, and the Unified Code of
4		Corrections. (G) Article 40 amended the Criminal Code
5		of 1961 to increase the penalty for compelling
6		organization membership of persons. (H) Article 45
7		created the Secure Residential Youth Care Facility
8		Licensing Act and amended the State Finance Act, the
9		Juvenile Court Act of 1987, the Unified Code of
10		Corrections, and the Private Correctional Facility
11		Moratorium Act. (I) Article 50 amended the WIC Vendor
12		Management Act, the Firearm Owners Identification Card
13		Act, the Juvenile Court Act of 1987, the Criminal Code
14		of 1961, the Wrongs to Children Act, and the Unified
15		Code of Corrections.
16		(iii) On September 22, 1998, the Third District
17		Appellate Court in People v. Dainty, 701 N.E. 2d 118,
18		ruled that Public Act 88-680 violates the single
19		subject clause of the Illinois Constitution (Article
20		IV, Section 8 (d)) and was unconstitutional in its
21		entirety. As of the time this amendatory Act of 1999
22		was prepared, People v. Dainty was still subject to
23		appeal.
24		(iv) Child pornography is a vital concern to the
25		people of this State and the validity of future
26		prosecutions under the child pornography statute of

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1		the Criminal Code of 1961 is in grave doubt.
2		(2) It is the purpose of this amendatory Act of 1999 to
3		prevent or minimize any problems relating to prosecutions
4		for child pornography that may result from challenges to
5		the constitutional validity of Public Act 88-680 by
6		re-enacting the Section relating to child pornography that
7		was included in Public Act 88-680.
8		(3) This amendatory Act of 1999 re-enacts Section
9		11-20.1 of the Criminal Code of 1961, as it has been
10		amended. This re-enactment is intended to remove any
11		question as to the validity or content of that Section; it
12		is not intended to supersede any other Public Act that
13		amends the text of the Section as set forth in this
14		amendatory Act of 1999. The material is shown as existing
15		text (i.e., without underscoring) because, as of the time
16		this amendatory Act of 1999 was prepared, People v. Dainty
17		was subject to appeal to the Illinois Supreme Court.
18		(4) The re-enactment by this amendatory Act of 1999 of
19		Section 11-20.1 of the Criminal Code of 1961 relating to
20		child pornography that was amended by Public Act 88-680 is
21		not intended, and shall not be construed, to imply that
22		Public Act 88-680 is invalid or to limit or impair any
23		legal argument concerning whether those provisions were
24		substantially re-enacted by other Public Acts.
25		(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.)

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1		(720 ILCS 5/11-20.4)
2		Sec. 11-20.4. Obscene depiction of a purported child.
3		(a) In this Section:
4		"Indistinguishable" means that the visual
5		representation is such that an ordinary person viewing the
6		visual representation would conclude that the visual
7		representation is of an actual child.
8		"Obscene depiction" means a visual representation of
9		any kind, including an image, video, or computer-generated
10		image or video, whether made, produced, or altered by
11		electronic, mechanical, or other means, that:
12		(i) the average person, applying contemporary
13		adult community standards, would find that, taken as a
14		whole, it appeals to the prurient interest;
15		(ii) the average person, applying contemporary
16		adult community standards, would find that it depicts
17		or describes, in a patently offensive way, sexual acts
18		or sadomasochistic sexual acts, whether normal or
19		perverted, actual or simulated, or masturbation,
20		excretory functions, or lewd exhibition of the
21		unclothed or transparently clothed genitals, pubic
22		area, buttocks or, if such person is a female, the
23		fully or partially developed breast of the child or
24		other person; and
25		(iii) taken as a whole, it lacks serious literary,
26		artistic, political, or scientific value.

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1		"Purported child" means a visual representation that
2		depicts an individual indistinguishable from an actual
3		appears to depict a child under the age of 18 but may or
4		may not depict an actual child under the age of 18.
5		(b) A person commits obscene depiction of a purported
6		child when, with knowledge of the nature or content thereof,
7		the person:
8		(1) receives, obtains, or accesses in any way with the
9		intent to view, any obscene depiction of a purported
10		child; or
11		(2) reproduces, disseminates, offers to disseminate,
12		exhibits, or possesses with intent to disseminate, any
13		obscene depiction of a purported child.
14		(c) A violation of paragraph (1) of subsection (b) is a
15		Class 3 felony, and a second or subsequent offense is a Class 2
16		felony. A violation of paragraph (2) of subsection (b) is a
17		Class 1 felony, and a second or subsequent offense is a Class X
18		felony.
19		(d) If the age of the purported child depicted is
20		indistinguishable from an actual child under the age of 13, a
21		violation of paragraph (1) of subsection (b) is a Class 2
22		felony, and a second or subsequent offense is a Class 1 felony.
23		If the age of the purported child depicted is
24		indistinguishable from an actual child under the age of 13, a
25		violation of paragraph (2) of subsection (b) is a Class X
26		felony, and a second or subsequent offense is a Class X felony

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1		for which the person shall be sentenced to a term of
2		imprisonment of not less than 9 years.
3		(e) Nothing in this Section shall be construed to impose
4		liability upon the following entities solely as a result of
5		content or information provided by another person:
6		(1) an interactive computer service, as defined in 47
7		U.S.C. 230(f)(2);
8		(2) a provider of public mobile services or private
9		radio services, as defined in Section 13-214 of the Public
10		Utilities Act; or
11		(3) a telecommunications network or broadband
12		provider.
13		(f) A person convicted under this Section is subject to
14		the forfeiture provisions in Article 124B of the Code of
15		Criminal Procedure of 1963.
16		(Source: P.A. 103-825, eff. 1-1-25.)
17		Section 25. The Bill of Rights for Children is amended by
18		changing Section 3 as follows:
19		(725 ILCS 115/3) (from Ch. 38, par. 1353)
20		Sec. 3. Rights to present child impact statement.
21		(a) In any case where a defendant has been convicted of a
22		violent crime involving a child or a juvenile has been
23		adjudicated a delinquent for any offense defined in Sections
24		11-6, 11-20.1, 11-20.1B, and 11-20.3, and 11-20.4 and in

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1		Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
2		Criminal Code of 1961 or the Criminal Code of 2012, except
3		those in which both parties have agreed to the imposition of a
4		specific sentence, and a parent or legal guardian of the child
5		involved is present in the courtroom at the time of the
6		sentencing or the disposition hearing, the parent or legal
7		guardian upon his or her request shall have the right to
8		address the court regarding the impact which the defendant's
9		criminal conduct or the juvenile's delinquent conduct has had
10		upon the child. If the parent or legal guardian chooses to
11		exercise this right, the impact statement must have been
12		prepared in writing in conjunction with the Office of the
13		State's Attorney prior to the initial hearing or sentencing,
14		before it can be presented orally at the sentencing hearing.
15		The court shall consider any statements made by the parent or
16		legal guardian, along with all other appropriate factors in
17		determining the sentence of the defendant or disposition of
18		such juvenile.
19		(b) The crime victim has the right to prepare a victim
20		impact statement and present it to the office of the State's
21		Attorney at any time during the proceedings.
22		(c) This Section shall apply to any child victims of any
23		offense defined in Sections 11-1.20 through 11-1.60 or 12-13
24		through 12-16 of the Criminal Code of 1961 or the Criminal Code
25		of 2012 during any dispositional hearing under Section 5-705
26		of the Juvenile Court Act of 1987 which takes place pursuant to

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1		an adjudication of delinquency for any such offense.
2		(Source: P.A. 103-825, eff. 1-1-25.)
3		Section 30. The Unified Code of Corrections is amended by
4		changing Sections 5-5-3 and 5-8-4 as follows:
5		(730 ILCS 5/5-5-3)
6		Sec. 5-5-3. Disposition.
7		(a) (Blank).
8		(b) (Blank).
9		(c)(1) (Blank).
10		(2) A period of probation, a term of periodic imprisonment
11		or conditional discharge shall not be imposed for the
12		following offenses. The court shall sentence the offender to
13		not less than the minimum term of imprisonment set forth in
14		this Code for the following offenses, and may order a fine or
15		restitution or both in conjunction with such term of
16		imprisonment:
17		(A) First degree murder.
18		(B) Attempted first degree murder.
19		(C) A Class X felony.
20		(D) A violation of Section 401.1 or 407 of the
21		Illinois Controlled Substances Act, or a violation of
22		subdivision (c)(1.5) of Section 401 of that Act which
23		relates to more than 5 grams of a substance containing
24		fentanyl or an analog thereof.

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1		(D-5) A violation of subdivision (c)(1) of Section 401
2		of the Illinois Controlled Substances Act which relates to
3		3 or more grams of a substance containing heroin or an
4		analog thereof.
5		(E) (Blank).
6		(F) A Class 1 or greater felony if the offender had
7		been convicted of a Class 1 or greater felony, including
8		any state or federal conviction for an offense that
9		contained, at the time it was committed, the same elements
10		as an offense now (the date of the offense committed after
11		the prior Class 1 or greater felony) classified as a Class
12		1 or greater felony, within 10 years of the date on which
13		the offender committed the offense for which he or she is
14		being sentenced, except as otherwise provided in Section
15		40-10 of the Substance Use Disorder Act.
16		(F-3) A Class 2 or greater felony sex offense or
17		felony firearm offense if the offender had been convicted
18		of a Class 2 or greater felony, including any state or
19		federal conviction for an offense that contained, at the
20		time it was committed, the same elements as an offense now
21		(the date of the offense committed after the prior Class 2
22		or greater felony) classified as a Class 2 or greater
23		felony, within 10 years of the date on which the offender
24		committed the offense for which he or she is being
25		sentenced, except as otherwise provided in Section 40-10
26		of the Substance Use Disorder Act.

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1		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
2		of the Criminal Code of 1961 or the Criminal Code of 2012
3		for which imprisonment is prescribed in those Sections.
4		(G) Residential burglary, except as otherwise provided
5		in Section 40-10 of the Substance Use Disorder Act.
6		(H) Criminal sexual assault.
7		(I) Aggravated battery of a senior citizen as
8		described in Section 12-4.6 or subdivision (a)(4) of
9		Section 12-3.05 of the Criminal Code of 1961 or the
10		Criminal Code of 2012.
11		(J) A forcible felony if the offense was related to
12		the activities of an organized gang.
13		Before July 1, 1994, for the purposes of this
14		paragraph, "organized gang" means an association of 5 or
15		more persons, with an established hierarchy, that
16		encourages members of the association to perpetrate crimes
17		or provides support to the members of the association who
18		do commit crimes.
19		Beginning July 1, 1994, for the purposes of this
20		paragraph, "organized gang" has the meaning ascribed to it
21		in Section 10 of the Illinois Streetgang Terrorism Omnibus
22		Prevention Act.
23		(K) Vehicular hijacking.
24		(L) A second or subsequent conviction for the offense
25		of hate crime when the underlying offense upon which the
26		hate crime is based is felony aggravated assault or felony

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1		mob action.
2		(M) A second or subsequent conviction for the offense
3		of institutional vandalism if the damage to the property
4		exceeds $300.
5		(N) A Class 3 felony violation of paragraph (1) of
6		subsection (a) of Section 2 of the Firearm Owners
7		Identification Card Act.
8		(O) A violation of Section 12-6.1 or 12-6.5 of the
9		Criminal Code of 1961 or the Criminal Code of 2012.
10		(P) A violation of paragraph (1), (2), (3), (4), (5),
11		or (7) of subsection (a) of Section 11-20.1 of the
12		Criminal Code of 1961 or the Criminal Code of 2012.
13		(P-5) A violation of paragraph (6) of subsection (a)
14		of Section 11-20.1 of the Criminal Code of 1961 or the
15		Criminal Code of 2012 if the victim is a household or
16		family member of the defendant.
17		(P-6) A violation of paragraph (2) of subsection (b)
18		of Section 11-20.4 of the Criminal Code of 2012.
19		(Q) A violation of subsection (b) or (b-5) of Section
20		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
21		Code of 1961 or the Criminal Code of 2012.
22		(R) A violation of Section 24-3A of the Criminal Code
23		of 1961 or the Criminal Code of 2012.
24		(S) (Blank).
25		(T) (Blank).
26		(U) A second or subsequent violation of Section 6-303

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1		of the Illinois Vehicle Code committed while his or her
2		driver's license, permit, or privilege was revoked because
3		of a violation of Section 9-3 of the Criminal Code of 1961
4		or the Criminal Code of 2012, relating to the offense of
5		reckless homicide, or a similar provision of a law of
6		another state.
7		(V) A violation of paragraph (4) of subsection (c) of
8		Section 11-20.1B or paragraph (4) of subsection (c) of
9		Section 11-20.3 of the Criminal Code of 1961, or paragraph
10		(6) of subsection (a) of Section 11-20.1 of the Criminal
11		Code of 2012 when the victim is under 13 years of age and
12		the defendant has previously been convicted under the laws
13		of this State or any other state of the offense of child
14		pornography, aggravated child pornography, aggravated
15		criminal sexual abuse, aggravated criminal sexual assault,
16		predatory criminal sexual assault of a child, or any of
17		the offenses formerly known as rape, deviate sexual
18		assault, indecent liberties with a child, or aggravated
19		indecent liberties with a child where the victim was under
20		the age of 18 years or an offense that is substantially
21		equivalent to those offenses.
22		(V-5) A violation of paragraph (1) of subsection (b)
23		of Section 11-20.4 of the Criminal Code of 2012 when the
24		purported child depicted is indistinguishable from an
25		actual child victim is under 13 years of age and the
26		defendant has previously been convicted under the laws of

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1		this State or any other state of the offense of child
2		pornography, aggravated child pornography, aggravated
3		criminal sexual abuse, aggravated criminal sexual assault,
4		predatory criminal sexual assault of a child, or any of
5		the offenses formerly known as rape, deviate sexual
6		assault, indecent liberties with a child, or aggravated
7		indecent liberties with a child if the victim was under
8		the age of 18 years or an offense that is substantially
9		equivalent to those offenses.
10		(W) A violation of Section 24-3.5 of the Criminal Code
11		of 1961 or the Criminal Code of 2012.
12		(X) A violation of subsection (a) of Section 31-1a of
13		the Criminal Code of 1961 or the Criminal Code of 2012.
14		(Y) A conviction for unlawful possession of a firearm
15		by a street gang member when the firearm was loaded or
16		contained firearm ammunition.
17		(Z) A Class 1 felony committed while he or she was
18		serving a term of probation or conditional discharge for a
19		felony.
20		(AA) Theft of property exceeding $500,000 and not
21		exceeding $1,000,000 in value.
22		(BB) Laundering of criminally derived property of a
23		value exceeding $500,000.
24		(CC) Knowingly selling, offering for sale, holding for
25		sale, or using 2,000 or more counterfeit items or
26		counterfeit items having a retail value in the aggregate

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1		of $500,000 or more.
2		(DD) A conviction for aggravated assault under
3		paragraph (6) of subsection (c) of Section 12-2 of the
4		Criminal Code of 1961 or the Criminal Code of 2012 if the
5		firearm is aimed toward the person against whom the
6		firearm is being used.
7		(EE) A conviction for a violation of paragraph (2) of
8		subsection (a) of Section 24-3B of the Criminal Code of
9		2012.
10		(3) (Blank).
11		(4) A minimum term of imprisonment of not less than 10
12		consecutive days or 30 days of community service shall be
13		imposed for a violation of paragraph (c) of Section 6-303 of
14		the Illinois Vehicle Code.
15		(4.1) (Blank).
16		(4.2) Except as provided in paragraphs (4.3) and (4.8) of
17		this subsection (c), a minimum of 100 hours of community
18		service shall be imposed for a second violation of Section
19		6-303 of the Illinois Vehicle Code.
20		(4.3) A minimum term of imprisonment of 30 days or 300
21		hours of community service, as determined by the court, shall
22		be imposed for a second violation of subsection (c) of Section
23		6-303 of the Illinois Vehicle Code.
24		(4.4) Except as provided in paragraphs (4.5), (4.6), and
25		(4.9) of this subsection (c), a minimum term of imprisonment
26		of 30 days or 300 hours of community service, as determined by

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1		the court, shall be imposed for a third or subsequent
2		violation of Section 6-303 of the Illinois Vehicle Code. The
3		court may give credit toward the fulfillment of community
4		service hours for participation in activities and treatment as
5		determined by court services.
6		(4.5) A minimum term of imprisonment of 30 days shall be
7		imposed for a third violation of subsection (c) of Section
8		6-303 of the Illinois Vehicle Code.
9		(4.6) Except as provided in paragraph (4.10) of this
10		subsection (c), a minimum term of imprisonment of 180 days
11		shall be imposed for a fourth or subsequent violation of
12		subsection (c) of Section 6-303 of the Illinois Vehicle Code.
13		(4.7) A minimum term of imprisonment of not less than 30
14		consecutive days, or 300 hours of community service, shall be
15		imposed for a violation of subsection (a-5) of Section 6-303
16		of the Illinois Vehicle Code, as provided in subsection (b-5)
17		of that Section.
18		(4.8) A mandatory prison sentence shall be imposed for a
19		second violation of subsection (a-5) of Section 6-303 of the
20		Illinois Vehicle Code, as provided in subsection (c-5) of that
21		Section. The person's driving privileges shall be revoked for
22		a period of not less than 5 years from the date of his or her
23		release from prison.
24		(4.9) A mandatory prison sentence of not less than 4 and
25		not more than 15 years shall be imposed for a third violation
26		of subsection (a-5) of Section 6-303 of the Illinois Vehicle

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1		Code, as provided in subsection (d-2.5) of that Section. The
2		person's driving privileges shall be revoked for the remainder
3		of his or her life.
4		(4.10) A mandatory prison sentence for a Class 1 felony
5		shall be imposed, and the person shall be eligible for an
6		extended term sentence, for a fourth or subsequent violation
7		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
8		Code, as provided in subsection (d-3.5) of that Section. The
9		person's driving privileges shall be revoked for the remainder
10		of his or her life.
11		(5) The court may sentence a corporation or unincorporated
12		association convicted of any offense to:
13		(A) a period of conditional discharge;
14		(B) a fine;
15		(C) make restitution to the victim under Section 5-5-6
16		of this Code.
17		(5.1) In addition to any other penalties imposed, and
18		except as provided in paragraph (5.2) or (5.3), a person
19		convicted of violating subsection (c) of Section 11-907 of the
20		Illinois Vehicle Code shall have his or her driver's license,
21		permit, or privileges suspended for at least 90 days but not
22		more than one year, if the violation resulted in damage to the
23		property of another person.
24		(5.2) In addition to any other penalties imposed, and
25		except as provided in paragraph (5.3), a person convicted of
26		violating subsection (c) of Section 11-907 of the Illinois

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1		Vehicle Code shall have his or her driver's license, permit,
2		or privileges suspended for at least 180 days but not more than
3		2 years, if the violation resulted in injury to another
4		person.
5		(5.3) In addition to any other penalties imposed, a person
6		convicted of violating subsection (c) of Section 11-907 of the
7		Illinois Vehicle Code shall have his or her driver's license,
8		permit, or privileges suspended for 2 years, if the violation
9		resulted in the death of another person.
10		(5.4) In addition to any other penalties imposed, a person
11		convicted of violating Section 3-707 of the Illinois Vehicle
12		Code shall have his or her driver's license, permit, or
13		privileges suspended for 3 months and until he or she has paid
14		a reinstatement fee of $100.
15		(5.5) In addition to any other penalties imposed, a person
16		convicted of violating Section 3-707 of the Illinois Vehicle
17		Code during a period in which his or her driver's license,
18		permit, or privileges were suspended for a previous violation
19		of that Section shall have his or her driver's license,
20		permit, or privileges suspended for an additional 6 months
21		after the expiration of the original 3-month suspension and
22		until he or she has paid a reinstatement fee of $100.
23		(6) (Blank).
24		(7) (Blank).
25		(8) (Blank).
26		(9) A defendant convicted of a second or subsequent

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

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1		offender are family or household members as defined in Section
2		103 of the Illinois Domestic Violence Act of 1986 or convicted
3		of domestic battery or aggravated domestic battery may be
4		required to attend a Partner Abuse Intervention Program under
5		protocols set forth by the Illinois Department of Human
6		Services under such terms and conditions imposed by the court.
7		The costs of such classes shall be paid by the offender.
8		(d) In any case in which a sentence originally imposed is
9		vacated, the case shall be remanded to the trial court. The
10		trial court shall hold a hearing under Section 5-4-1 of this
11		Code which may include evidence of the defendant's life, moral
12		character and occupation during the time since the original
13		sentence was passed. The trial court shall then impose
14		sentence upon the defendant. The trial court may impose any
15		sentence which could have been imposed at the original trial
16		subject to Section 5-5-4 of this Code. If a sentence is vacated
17		on appeal or on collateral attack due to the failure of the
18		trier of fact at trial to determine beyond a reasonable doubt
19		the existence of a fact (other than a prior conviction)
20		necessary to increase the punishment for the offense beyond
21		the statutory maximum otherwise applicable, either the
22		defendant may be re-sentenced to a term within the range
23		otherwise provided or, if the State files notice of its
24		intention to again seek the extended sentence, the defendant
25		shall be afforded a new trial.
26		(e) In cases where prosecution for aggravated criminal

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1		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
2		Code of 1961 or the Criminal Code of 2012 results in conviction
3		of a defendant who was a family member of the victim at the
4		time of the commission of the offense, the court shall
5		consider the safety and welfare of the victim and may impose a
6		sentence of probation only where:
7		(1) the court finds (A) or (B) or both are
8		appropriate:
9		(A) the defendant is willing to undergo a court
10		approved counseling program for a minimum duration of
11		2 years; or
12		(B) the defendant is willing to participate in a
13		court approved plan, including, but not limited to,
14		the defendant's:
15		(i) removal from the household;
16		(ii) restricted contact with the victim;
17		(iii) continued financial support of the
18		family;
19		(iv) restitution for harm done to the victim;
20		and
21		(v) compliance with any other measures that
22		the court may deem appropriate; and
23		(2) the court orders the defendant to pay for the
24		victim's counseling services, to the extent that the court
25		finds, after considering the defendant's income and
26		assets, that the defendant is financially capable of

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1		paying for such services, if the victim was under 18 years
2		of age at the time the offense was committed and requires
3		counseling as a result of the offense.
4		Probation may be revoked or modified pursuant to Section
5		5-6-4; except where the court determines at the hearing that
6		the defendant violated a condition of his or her probation
7		restricting contact with the victim or other family members or
8		commits another offense with the victim or other family
9		members, the court shall revoke the defendant's probation and
10		impose a term of imprisonment.
11		For the purposes of this Section, "family member" and
12		"victim" shall have the meanings ascribed to them in Section
13		11-0.1 of the Criminal Code of 2012.
14		(f) (Blank).
15		(g) Whenever a defendant is convicted of an offense under
16		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
17		11-14.3, 11-14.4 except for an offense that involves keeping a
18		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
19		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
20		12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
21		Criminal Code of 2012, the defendant shall undergo medical
22		testing to determine whether the defendant has any sexually
23		transmissible disease, including a test for infection with
24		human immunodeficiency virus (HIV) or any other identified
25		causative agent of acquired immunodeficiency syndrome (AIDS).
26		Any such medical test shall be performed only by appropriately

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1		licensed medical practitioners and may include an analysis of
2		any bodily fluids as well as an examination of the defendant's
3		person. Except as otherwise provided by law, the results of
4		such test shall be kept strictly confidential by all medical
5		personnel involved in the testing and must be personally
6		delivered in a sealed envelope to the judge of the court in
7		which the conviction was entered for the judge's inspection in
8		camera. Acting in accordance with the best interests of the
9		victim and the public, the judge shall have the discretion to
10		determine to whom, if anyone, the results of the testing may be
11		revealed. The court shall notify the defendant of the test
12		results. The court shall also notify the victim if requested
13		by the victim, and if the victim is under the age of 15 and if
14		requested by the victim's parents or legal guardian, the court
15		shall notify the victim's parents or legal guardian of the
16		test results. The court shall provide information on the
17		availability of HIV testing and counseling at Department of
18		Public Health facilities to all parties to whom the results of
19		the testing are revealed and shall direct the State's Attorney
20		to provide the information to the victim when possible. The
21		court shall order that the cost of any such test shall be paid
22		by the county and may be taxed as costs against the convicted
23		defendant.
24		(g-5) When an inmate is tested for an airborne
25		communicable disease, as determined by the Illinois Department
26		of Public Health, including, but not limited to, tuberculosis,

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1		the results of the test shall be personally delivered by the
2		warden or his or her designee in a sealed envelope to the judge
3		of the court in which the inmate must appear for the judge's
4		inspection in camera if requested by the judge. Acting in
5		accordance with the best interests of those in the courtroom,
6		the judge shall have the discretion to determine what if any
7		precautions need to be taken to prevent transmission of the
8		disease in the courtroom.
9		(h) Whenever a defendant is convicted of an offense under
10		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11		defendant shall undergo medical testing to determine whether
12		the defendant has been exposed to human immunodeficiency virus
13		(HIV) or any other identified causative agent of acquired
14		immunodeficiency syndrome (AIDS). Except as otherwise provided
15		by law, the results of such test shall be kept strictly
16		confidential by all medical personnel involved in the testing
17		and must be personally delivered in a sealed envelope to the
18		judge of the court in which the conviction was entered for the
19		judge's inspection in camera. Acting in accordance with the
20		best interests of the public, the judge shall have the
21		discretion to determine to whom, if anyone, the results of the
22		testing may be revealed. The court shall notify the defendant
23		of a positive test showing an infection with the human
24		immunodeficiency virus (HIV). The court shall provide
25		information on the availability of HIV testing and counseling
26		at Department of Public Health facilities to all parties to

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1		whom the results of the testing are revealed and shall direct
2		the State's Attorney to provide the information to the victim
3		when possible. The court shall order that the cost of any such
4		test shall be paid by the county and may be taxed as costs
5		against the convicted defendant.
6		(i) All fines and penalties imposed under this Section for
7		any violation of Chapters 3, 4, 6, and 11 of the Illinois
8		Vehicle Code, or a similar provision of a local ordinance, and
9		any violation of the Child Passenger Protection Act, or a
10		similar provision of a local ordinance, shall be collected and
11		disbursed by the circuit clerk as provided under the Criminal
12		and Traffic Assessment Act.
13		(j) In cases when prosecution for any violation of Section
14		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
15		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
16		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
17		11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
18		12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, any violation of the Illinois
20		Controlled Substances Act, any violation of the Cannabis
21		Control Act, or any violation of the Methamphetamine Control
22		and Community Protection Act results in conviction, a
23		disposition of court supervision, or an order of probation
24		granted under Section 10 of the Cannabis Control Act, Section
25		410 of the Illinois Controlled Substances Act, or Section 70
26		of the Methamphetamine Control and Community Protection Act of

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1		a defendant, the court shall determine whether the defendant
2		is employed by a facility or center as defined under the Child
3		Care Act of 1969, a public or private elementary or secondary
4		school, or otherwise works with children under 18 years of age
5		on a daily basis. When a defendant is so employed, the court
6		shall order the Clerk of the Court to send a copy of the
7		judgment of conviction or order of supervision or probation to
8		the defendant's employer by certified mail. If the employer of
9		the defendant is a school, the Clerk of the Court shall direct
10		the mailing of a copy of the judgment of conviction or order of
11		supervision or probation to the appropriate regional
12		superintendent of schools. The regional superintendent of
13		schools shall notify the State Board of Education of any
14		notification under this subsection.
15		(j-5) A defendant at least 17 years of age who is convicted
16		of a felony and who has not been previously convicted of a
17		misdemeanor or felony and who is sentenced to a term of
18		imprisonment in the Illinois Department of Corrections shall
19		as a condition of his or her sentence be required by the court
20		to attend educational courses designed to prepare the
21		defendant for a high school diploma and to work toward a high
22		school diploma or to work toward passing high school
23		equivalency testing or to work toward completing a vocational
24		training program offered by the Department of Corrections. If
25		a defendant fails to complete the educational training
26		required by his or her sentence during the term of

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1		incarceration, the Prisoner Review Board shall, as a condition
2		of mandatory supervised release, require the defendant, at his
3		or her own expense, to pursue a course of study toward a high
4		school diploma or passage of high school equivalency testing.
5		The Prisoner Review Board shall revoke the mandatory
6		supervised release of a defendant who wilfully fails to comply
7		with this subsection (j-5) upon his or her release from
8		confinement in a penal institution while serving a mandatory
9		supervised release term; however, the inability of the
10		defendant after making a good faith effort to obtain financial
11		aid or pay for the educational training shall not be deemed a
12		wilful failure to comply. The Prisoner Review Board shall
13		recommit the defendant whose mandatory supervised release term
14		has been revoked under this subsection (j-5) as provided in
15		Section 3-3-9. This subsection (j-5) does not apply to a
16		defendant who has a high school diploma or has successfully
17		passed high school equivalency testing. This subsection (j-5)
18		does not apply to a defendant who is determined by the court to
19		be a person with a developmental disability or otherwise
20		mentally incapable of completing the educational or vocational
21		program.
22		(k) (Blank).
23		(l)(A) Except as provided in paragraph (C) of subsection
24		(l), whenever a defendant, who is not a citizen or national of
25		the United States, is convicted of any felony or misdemeanor
26		offense, the court after sentencing the defendant may, upon

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1		motion of the State's Attorney, hold sentence in abeyance and
2		remand the defendant to the custody of the Attorney General of
3		the United States or his or her designated agent to be deported
4		when:
5		(1) a final order of deportation has been issued
6		against the defendant pursuant to proceedings under the
7		Immigration and Nationality Act, and
8		(2) the deportation of the defendant would not
9		deprecate the seriousness of the defendant's conduct and
10		would not be inconsistent with the ends of justice.
11		Otherwise, the defendant shall be sentenced as provided in
12		this Chapter V.
13		(B) If the defendant has already been sentenced for a
14		felony or misdemeanor offense, or has been placed on probation
15		under Section 10 of the Cannabis Control Act, Section 410 of
16		the Illinois Controlled Substances Act, or Section 70 of the
17		Methamphetamine Control and Community Protection Act, the
18		court may, upon motion of the State's Attorney to suspend the
19		sentence imposed, commit the defendant to the custody of the
20		Attorney General of the United States or his or her designated
21		agent when:
22		(1) a final order of deportation has been issued
23		against the defendant pursuant to proceedings under the
24		Immigration and Nationality Act, and
25		(2) the deportation of the defendant would not
26		deprecate the seriousness of the defendant's conduct and

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1		would not be inconsistent with the ends of justice.
2		(C) This subsection (l) does not apply to offenders who
3		are subject to the provisions of paragraph (2) of subsection
4		(a) of Section 3-6-3.
5		(D) Upon motion of the State's Attorney, if a defendant
6		sentenced under this Section returns to the jurisdiction of
7		the United States, the defendant shall be recommitted to the
8		custody of the county from which he or she was sentenced.
9		Thereafter, the defendant shall be brought before the
10		sentencing court, which may impose any sentence that was
11		available under Section 5-5-3 at the time of initial
12		sentencing. In addition, the defendant shall not be eligible
13		for additional earned sentence credit as provided under
14		Section 3-6-3.
15		(m) A person convicted of criminal defacement of property
16		under Section 21-1.3 of the Criminal Code of 1961 or the
17		Criminal Code of 2012, in which the property damage exceeds
18		$300 and the property damaged is a school building, shall be
19		ordered to perform community service that may include cleanup,
20		removal, or painting over the defacement.
21		(n) The court may sentence a person convicted of a
22		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
23		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
24		of 1961 or the Criminal Code of 2012 (i) to an impact
25		incarceration program if the person is otherwise eligible for
26		that program under Section 5-8-1.1, (ii) to community service,

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1		or (iii) if the person has a substance use disorder, as defined
2		in the Substance Use Disorder Act, to a treatment program
3		licensed under that Act.
4		(o) Whenever a person is convicted of a sex offense as
5		defined in Section 2 of the Sex Offender Registration Act, the
6		defendant's driver's license or permit shall be subject to
7		renewal on an annual basis in accordance with the provisions
8		of license renewal established by the Secretary of State.
9		(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
10		102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
11		1-1-24; 103-825, eff. 1-1-25.)
12		(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
13		Sec. 5-8-4. Concurrent and consecutive terms of
14		imprisonment.
15		(a) Concurrent terms; multiple or additional sentences.
16		When an Illinois court (i) imposes multiple sentences of
17		imprisonment on a defendant at the same time or (ii) imposes a
18		sentence of imprisonment on a defendant who is already subject
19		to a sentence of imprisonment imposed by an Illinois court, a
20		court of another state, or a federal court, then the sentences
21		shall run concurrently unless otherwise determined by the
22		Illinois court under this Section.
23		(b) Concurrent terms; misdemeanor and felony. A defendant
24		serving a sentence for a misdemeanor who is convicted of a
25		felony and sentenced to imprisonment shall be transferred to

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1		the Department of Corrections, and the misdemeanor sentence
2		shall be merged in and run concurrently with the felony
3		sentence.
4		(c) Consecutive terms; permissive. The court may impose
5		consecutive sentences in any of the following circumstances:
6		(1) If, having regard to the nature and circumstances
7		of the offense and the history and character of the
8		defendant, it is the opinion of the court that consecutive
9		sentences are required to protect the public from further
10		criminal conduct by the defendant, the basis for which the
11		court shall set forth in the record.
12		(2) If one of the offenses for which a defendant was
13		convicted was a violation of Section 32-5.2 (aggravated
14		false personation of a peace officer) of the Criminal Code
15		of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
16		(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
17		1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
18		offense was committed in attempting or committing a
19		forcible felony.
20		(3) If a person charged with a felony commits a
21		separate felony while on pretrial release or in pretrial
22		detention in a county jail facility or county detention
23		facility, then the sentences imposed upon conviction of
24		these felonies may be served consecutively regardless of
25		the order in which the judgments of conviction are
26		entered.

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

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1		entered.
2		(7) If a person is sentenced for a violation of a
3		condition of pretrial release under Section 32-10 of the
4		Criminal Code of 1961 or the Criminal Code of 2012, any
5		sentence imposed for that violation may be served
6		consecutive to the sentence imposed for the charge for
7		which pretrial release had been granted and with respect
8		to which the defendant has been convicted.
9		(d) Consecutive terms; mandatory. The court shall impose
10		consecutive sentences in each of the following circumstances:
11		(1) One of the offenses for which the defendant was
12		convicted was first degree murder or a Class X or Class 1
13		felony and the defendant inflicted severe bodily injury.
14		(2) The defendant was convicted of a violation of
15		Section 11-1.20 or 12-13 (criminal sexual assault),
16		11-1.30 or 12-14 (aggravated criminal sexual assault), or
17		11-1.40 or 12-14.1 (predatory criminal sexual assault of a
18		child) of the Criminal Code of 1961 or the Criminal Code of
19		2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
20		5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
21		5/12-14.1).
22		(2.5) The defendant was convicted of a violation of
23		paragraph (1), (2), (3), (4), (5), or (7) of subsection
24		(a) of Section 11-20.1 (child pornography) or of paragraph
25		(1), (2), (3), (4), (5), or (7) of subsection (a) of
26		Section 11-20.1B or 11-20.3 (aggravated child pornography)

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1		of the Criminal Code of 1961 or the Criminal Code of 2012;
2		or the defendant was convicted of a violation of paragraph
3		(6) of subsection (a) of Section 11-20.1 (child
4		pornography) or of paragraph (6) of subsection (a) of
5		Section 11-20.1B or 11-20.3 (aggravated child pornography)
6		of the Criminal Code of 1961 or the Criminal Code of 2012,
7		when the child depicted is under the age of 13.
8		(2.6) The defendant was convicted of:
9		(A) a violation of paragraph (2) of subsection (b)
10		of Section 11-20.4 of the Criminal Code of 2012; or
11		(B) a violation of paragraph (1) of Section
12		11-20.4 of the Criminal Code of 2012 when the
13		purported child depicted is indistinguishable from an
14		actual child under the age of 13.
15		(3) The defendant was convicted of armed violence
16		based upon the predicate offense of any of the following:
17		solicitation of murder, solicitation of murder for hire,
18		heinous battery as described in Section 12-4.1 or
19		subdivision (a)(2) of Section 12-3.05, aggravated battery
20		of a senior citizen as described in Section 12-4.6 or
21		subdivision (a)(4) of Section 12-3.05, criminal sexual
22		assault, a violation of subsection (g) of Section 5 of the
23		Cannabis Control Act (720 ILCS 550/5), cannabis
24		trafficking, a violation of subsection (a) of Section 401
25		of the Illinois Controlled Substances Act (720 ILCS
26		570/401), controlled substance trafficking involving a

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1		Class X felony amount of controlled substance under
2		Section 401 of the Illinois Controlled Substances Act (720
3		ILCS 570/401), a violation of the Methamphetamine Control
4		and Community Protection Act (720 ILCS 646/), calculated
5		criminal drug conspiracy, or streetgang criminal drug
6		conspiracy.
7		(4) The defendant was convicted of the offense of
8		leaving the scene of a motor vehicle crash involving death
9		or personal injuries under Section 11-401 of the Illinois
10		Vehicle Code (625 ILCS 5/11-401) and either: (A)
11		aggravated driving under the influence of alcohol, other
12		drug or drugs, or intoxicating compound or compounds, or
13		any combination thereof under Section 11-501 of the
14		Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
15		homicide under Section 9-3 of the Criminal Code of 1961 or
16		the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
17		offense described in item (A) and an offense described in
18		item (B).
19		(5) The defendant was convicted of a violation of
20		Section 9-3.1 or Section 9-3.4 (concealment of homicidal
21		death) or Section 12-20.5 (dismembering a human body) of
22		the Criminal Code of 1961 or the Criminal Code of 2012 (720
23		ILCS 5/9-3.1 or 5/12-20.5).
24		(5.5) The defendant was convicted of a violation of
25		Section 24-3.7 (use of a stolen firearm in the commission
26		of an offense) of the Criminal Code of 1961 or the Criminal

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1		Code of 2012.
2		(6) If the defendant was in the custody of the
3		Department of Corrections at the time of the commission of
4		the offense, the sentence shall be served consecutive to
5		the sentence under which the defendant is held by the
6		Department of Corrections.
7		(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
8		for escape or attempted escape shall be served consecutive
9		to the terms under which the offender is held by the
10		Department of Corrections.
11		(8) (Blank).
12		(8.5) (Blank).
13		(9) (Blank).
14		(10) (Blank).
15		(11) (Blank).
16		(e) Consecutive terms; subsequent non-Illinois term. If an
17		Illinois court has imposed a sentence of imprisonment on a
18		defendant and the defendant is subsequently sentenced to a
19		term of imprisonment by a court of another state or a federal
20		court, then the Illinois sentence shall run consecutively to
21		the sentence imposed by the court of the other state or the
22		federal court. That same Illinois court, however, may order
23		that the Illinois sentence run concurrently with the sentence
24		imposed by the court of the other state or the federal court,
25		but only if the defendant applies to that same Illinois court
26		within 30 days after the sentence imposed by the court of the

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

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1		change in the nature of the criminal objective. When
2		sentenced only for misdemeanors, a defendant shall not be
3		consecutively sentenced to more than the maximum for one
4		Class A misdemeanor.
5		(g) Consecutive terms; manner served. In determining the
6		manner in which consecutive sentences of imprisonment, one or
7		more of which is for a felony, will be served, the Department
8		of Corrections shall treat the defendant as though he or she
9		had been committed for a single term subject to each of the
10		following:
11		(1) The maximum period of a term of imprisonment shall
12		consist of the aggregate of the maximums of the imposed
13		indeterminate terms, if any, plus the aggregate of the
14		imposed determinate sentences for felonies, plus the
15		aggregate of the imposed determinate sentences for
16		misdemeanors, subject to subsection (f) of this Section.
17		(2) The parole or mandatory supervised release term
18		shall be as provided in paragraph (e) of Section 5-4.5-50
19		(730 ILCS 5/5-4.5-50) for the most serious of the offenses
20		involved.
21		(3) The minimum period of imprisonment shall be the
22		aggregate of the minimum and determinate periods of
23		imprisonment imposed by the court, subject to subsection
24		(f) of this Section.
25		(4) The defendant shall be awarded credit against the
26		aggregate maximum term and the aggregate minimum term of

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1		imprisonment for all time served in an institution since
2		the commission of the offense or offenses and as a
3		consequence thereof at the rate specified in Section 3-6-3
4		(730 ILCS 5/3-6-3).
5		(h) Notwithstanding any other provisions of this Section,
6		all sentences imposed by an Illinois court under this Code
7		shall run concurrent to any and all sentences imposed under
8		the Juvenile Court Act of 1987.
9		(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
10		102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)