Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 5469
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2 | AMENDMENT NO. ______. Amend House Bill 5469 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Child Online Exploitation Reporting Act. | ||||||
6 | Section 5. Definitions. As used in this Act unless the | ||||||
7 | context otherwise requires: | ||||||
8 | "Electronic communications service" means any service | ||||||
9 | which provides to users thereof the ability to send or receive | ||||||
10 | wire or electronic communications. | ||||||
11 | "Remote computing service" means the provision to the | ||||||
12 | public of computer storage or processing services by means of | ||||||
13 | an electronic communications system.
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14 | Section 10. Registration. Any entity, while engaged in | ||||||
15 | providing an electronic communication service or a remote |
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1 | computing service to the public, must provide the following | ||||||
2 | information to the Cyber Tip Line at the National Center for | ||||||
3 | Missing and Exploited Children in order to facilitate the | ||||||
4 | required reporting of child pornography crimes, pursuant to 42 | ||||||
5 | U.S.C. 13032: | ||||||
6 | (a) the name of the entity; | ||||||
7 | (b) the address of main office (including street number or | ||||||
8 | post office mailbox); | ||||||
9 | (c) the address of any locations in Illinois (including | ||||||
10 | street number or post office mailbox); | ||||||
11 | (d) the name of an agent and contact information (including | ||||||
12 | phone number and e-mail address). | ||||||
13 | Any electronic communication service or remote computing | ||||||
14 | service in existence prior to the date this Act takes effect | ||||||
15 | shall register in accordance with this Section within 60 days | ||||||
16 | of the date this Act takes effect. Any service established on | ||||||
17 | or after the date this Act takes effect must register in | ||||||
18 | accordance with this Section within 60 days after the date of | ||||||
19 | its incorporation or formation under the laws of its state.
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20 | Section 15. Scope. This Act is applicable to electronic | ||||||
21 | communications services and remote computing services | ||||||
22 | incorporated or organized under the laws of this State or | ||||||
23 | maintaining property or assets in this State. | ||||||
24 | Section 20. Penalties. A provider of electronic |
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1 | communication services or remote computing services who | ||||||
2 | violates this Act by failing to register under Section 10 is | ||||||
3 | subject to a civil penalty in an amount not to exceed $500 for | ||||||
4 | each day that the violation continues. The Attorney General may | ||||||
5 | bring an action in the name of the People of the State of | ||||||
6 | Illinois to enforce the provisions of this Act. | ||||||
7 | Section 105. The Criminal Code of 1961 is amended by | ||||||
8 | changing Section 11-20.2 as follows:
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9 | (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
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10 | Sec. 11-20.2. Duty to report child pornography.
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11 | (a) Any commercial film and photographic print processor or | ||||||
12 | computer technician who
has knowledge of or observes, within | ||||||
13 | the scope of his professional capacity
or employment, any film, | ||||||
14 | photograph, videotape, negative ,
or slide , computer hard drive | ||||||
15 | or any other magnetic or optical media which
depicts a child | ||||||
16 | whom the processor or computer technician knows or reasonably | ||||||
17 | should know to be
under the age of 18 where such child is:
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18 | (i) actually or by simulation engaged in any act of sexual | ||||||
19 | penetration or sexual conduct
intercourse
with any person or | ||||||
20 | animal; or
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21 | (ii) actually or by simulation engaged in any act of sexual | ||||||
22 | penetration or sexual conduct
contact
involving the sex organs | ||||||
23 | of the child and the mouth, anus, or sex organs of
another | ||||||
24 | person or animal; or which involves the mouth, anus or sex |
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1 | organs
of the child and the sex organs of another person or | ||||||
2 | animal; or
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3 | (iii) actually or by simulation engaged in any act of | ||||||
4 | masturbation; or
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5 | (iv) actually or by simulation portrayed as being the | ||||||
6 | object of, or
otherwise engaged in, any act of lewd fondling, | ||||||
7 | touching, or caressing
involving another person or animal; or
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8 | (v) actually or by simulation engaged in any act of | ||||||
9 | excretion or
urination within a sexual context; or
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10 | (vi) actually or by simulation portrayed or depicted as | ||||||
11 | bound, fettered,
or subject to sadistic, masochistic, or | ||||||
12 | sadomasochistic abuse in any sexual
context; or
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13 | (vii) depicted or portrayed in any pose, posture or setting | ||||||
14 | involving a lewd exhibition of the unclothed or transparently | ||||||
15 | clothed genitals, pubic area, buttocks, or, if such person is | ||||||
16 | female, a fully or partially developed breast of the child or | ||||||
17 | other person;
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18 | shall report such instance to a peace officer in the county or | ||||||
19 | municipality in which the film, photograph, videotape, | ||||||
20 | negative, slide, computer hard drive or magnetic or optical | ||||||
21 | media was submitted immediately or as
soon as possible. Failure | ||||||
22 | to make such report shall be a business offense
with a fine of | ||||||
23 | $1,000 .
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24 | (b) For the purposes of this Section, a "computer | ||||||
25 | technician" is a person who installs, maintains, | ||||||
26 | troubleshoots, repairs or upgrades computer hardware, |
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1 | software, computer networks, peripheral equipment, electronic | ||||||
2 | mail systems, or provides user assistance for any of the | ||||||
3 | aforementioned tasks .
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4 | (Source: P.A. 84-1280.)
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5 | Section 110. The Unified Code of Corrections is amended by | ||||||
6 | changing Section 5-8-1 as follows:
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7 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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8 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
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9 | (a) Except as otherwise provided in the statute defining | ||||||
10 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
11 | determinate sentence set by
the court under this Section, | ||||||
12 | according to the following limitations:
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13 | (1) for first degree murder,
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14 | (a) a term shall be not less than 20 years
and not | ||||||
15 | more than 60 years, or
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16 | (b) if a trier of fact finds beyond a reasonable
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17 | doubt that the murder was accompanied by exceptionally
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18 | brutal or heinous behavior indicative of wanton | ||||||
19 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
20 | of this Section, that any of the aggravating factors
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21 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
22 | Code of 1961 are
present, the court may sentence the | ||||||
23 | defendant to a term of natural life
imprisonment, or
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24 | (c) the court shall sentence the defendant to a |
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1 | term of natural life
imprisonment when the death | ||||||
2 | penalty is not imposed if the defendant,
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3 | (i) has previously been convicted of first | ||||||
4 | degree murder under
any state or federal law, or
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5 | (ii) is a person who, at the time of the | ||||||
6 | commission of the murder,
had attained the age of | ||||||
7 | 17 or more and is found guilty of murdering an
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8 | individual under 12 years of age; or, irrespective | ||||||
9 | of the defendant's age at
the time of the | ||||||
10 | commission of the offense, is found guilty of | ||||||
11 | murdering more
than one victim, or
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12 | (iii) is found guilty of murdering a peace | ||||||
13 | officer, fireman, or emergency management worker | ||||||
14 | when
the peace officer, fireman, or emergency | ||||||
15 | management worker was killed in the course of | ||||||
16 | performing his
official duties, or to prevent the | ||||||
17 | peace officer or fireman from
performing his | ||||||
18 | official duties, or in retaliation for the peace | ||||||
19 | officer,
fireman, or emergency management worker | ||||||
20 | from performing his official duties, and the | ||||||
21 | defendant knew or should
have known that the | ||||||
22 | murdered individual was a peace officer, fireman, | ||||||
23 | or emergency management worker, or
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24 | (iv) is found guilty of murdering an employee | ||||||
25 | of an institution or
facility of the Department of | ||||||
26 | Corrections, or any similar local
correctional |
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1 | agency, when the employee was killed in the course | ||||||
2 | of
performing his official duties, or to prevent | ||||||
3 | the employee from performing
his official duties, | ||||||
4 | or in retaliation for the employee performing his
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5 | official duties, or
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6 | (v) is found guilty of murdering an emergency | ||||||
7 | medical
technician - ambulance, emergency medical | ||||||
8 | technician - intermediate, emergency
medical | ||||||
9 | technician - paramedic, ambulance driver or other | ||||||
10 | medical assistance or
first aid person while | ||||||
11 | employed by a municipality or other governmental | ||||||
12 | unit
when the person was killed in the course of | ||||||
13 | performing official duties or
to prevent the | ||||||
14 | person from performing official duties or in | ||||||
15 | retaliation
for performing official duties and the | ||||||
16 | defendant knew or should have known
that the | ||||||
17 | murdered individual was an emergency medical | ||||||
18 | technician - ambulance,
emergency medical | ||||||
19 | technician - intermediate, emergency medical
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20 | technician - paramedic, ambulance driver, or other | ||||||
21 | medical
assistant or first aid personnel, or
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22 | (vi) is a person who, at the time of the | ||||||
23 | commission of the murder,
had not attained the age | ||||||
24 | of 17, and is found guilty of murdering a person | ||||||
25 | under
12 years of age and the murder is committed | ||||||
26 | during the course of aggravated
criminal sexual |
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1 | assault, criminal sexual assault, or aggravated | ||||||
2 | kidnaping,
or
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3 | (vii) is found guilty of first degree murder | ||||||
4 | and the murder was
committed by reason of any | ||||||
5 | person's activity as a community policing | ||||||
6 | volunteer
or to prevent any person from engaging in | ||||||
7 | activity as a community policing
volunteer. For | ||||||
8 | the purpose of this Section, "community policing | ||||||
9 | volunteer"
has the meaning ascribed to it in | ||||||
10 | Section 2-3.5 of the Criminal Code of 1961.
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11 | For purposes of clause (v), "emergency medical | ||||||
12 | technician - ambulance",
"emergency medical technician - | ||||||
13 | intermediate", "emergency medical technician -
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14 | paramedic", have the meanings ascribed to them in the | ||||||
15 | Emergency Medical
Services (EMS) Systems Act.
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16 | (d) (i) if the person committed the offense while | ||||||
17 | armed with a
firearm, 15 years shall be added to | ||||||
18 | the term of imprisonment imposed by the
court;
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19 | (ii) if, during the commission of the offense, | ||||||
20 | the person
personally discharged a firearm, 20 | ||||||
21 | years shall be added to the term of
imprisonment | ||||||
22 | imposed by the court;
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23 | (iii) if, during the commission of the | ||||||
24 | offense, the person
personally discharged a | ||||||
25 | firearm that proximately caused great bodily harm,
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26 | permanent disability, permanent disfigurement, or |
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1 | death to another person, 25
years or up to a term | ||||||
2 | of natural life shall be added to the term of
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3 | imprisonment imposed by the court.
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4 | (1.5) for second degree murder, a term shall be not | ||||||
5 | less than 4 years
and not more than 20 years;
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6 | (2) for a person adjudged a habitual criminal under | ||||||
7 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
8 | sentence shall be a term of
natural life imprisonment;
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9 | (2.5) for a person convicted under the circumstances | ||||||
10 | described in
paragraph (3) of subsection (b) of Section | ||||||
11 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
12 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
13 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
14 | Criminal Code of 1961, the sentence shall be a term of | ||||||
15 | natural life
imprisonment;
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16 | (3) except as otherwise provided in the statute | ||||||
17 | defining the
offense, for a Class X felony, the sentence | ||||||
18 | shall be not less than 6
years and not more than 30 years;
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19 | (4) for a Class 1 felony, other than second degree | ||||||
20 | murder, the sentence
shall be not less than 4 years and not | ||||||
21 | more than 15 years;
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22 | (5) for a Class 2 felony, the sentence shall be not | ||||||
23 | less than 3
years and not more than 7 years;
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24 | (6) for a Class 3 felony, the sentence shall be not | ||||||
25 | less than 2
years and not more than 5 years;
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26 | (7) for a Class 4 felony, the sentence shall be not |
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1 | less than 1 year
and not more than 3 years.
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2 | (b) The sentencing judge in each felony conviction shall | ||||||
3 | set forth
his reasons for imposing the particular sentence he | ||||||
4 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
5 | Those reasons may include
any mitigating or aggravating factors | ||||||
6 | specified in this Code, or the
lack of any such circumstances, | ||||||
7 | as well as any other such factors as the
judge shall set forth | ||||||
8 | on the record that are consistent with the
purposes and | ||||||
9 | principles of sentencing set out in this Code.
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10 | (c) A motion to reduce a sentence may be made, or the court | ||||||
11 | may reduce
a sentence without motion, within 30 days after the | ||||||
12 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
13 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
14 | be made by a written motion filed within 30 days
following the | ||||||
15 | imposition of sentence. However, the court may not increase a
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16 | sentence once it is imposed.
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17 | If a motion filed pursuant to this subsection is timely | ||||||
18 | filed within 30 days
after the sentence is imposed, the | ||||||
19 | proponent of the motion shall exercise due
diligence in seeking | ||||||
20 | a determination on the motion and the court shall
thereafter | ||||||
21 | decide such motion within a reasonable time.
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22 | If a motion filed pursuant to this subsection is timely | ||||||
23 | filed within 30 days
after the sentence is imposed, then for | ||||||
24 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
25 | considered to have been entered until the motion to
reduce a | ||||||
26 | sentence has been decided by order entered by the trial court.
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1 | A motion filed pursuant to this subsection shall not be | ||||||
2 | considered to have
been timely
filed unless it is filed with | ||||||
3 | the circuit court clerk within 30 days after
the sentence is | ||||||
4 | imposed together with a notice of motion, which notice of
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5 | motion shall set the motion on the court's calendar on a date | ||||||
6 | certain within
a reasonable time after the date of filing.
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7 | (d) Except where a term of natural life is imposed, every | ||||||
8 | sentence
shall include as though written therein a term in | ||||||
9 | addition to the term
of imprisonment. For those sentenced under | ||||||
10 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
11 | identified as a parole
term. For those sentenced on or after | ||||||
12 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
13 | supervised release term. Subject to
earlier termination under | ||||||
14 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
15 | shall be as follows:
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16 | (1) for first degree murder or a Class X felony except | ||||||
17 | for the offenses of predatory criminal sexual assault of a | ||||||
18 | child, aggravated criminal sexual assault, and criminal | ||||||
19 | sexual assault if committed on or after the effective date | ||||||
20 | of this amendatory Act of the 94th General Assembly and | ||||||
21 | except for the offense of aggravated child pornography | ||||||
22 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
23 | committed on or after January 1, 2009 , 3 years;
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24 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
25 | the offense of criminal sexual assault if committed on or | ||||||
26 | after the effective date of this amendatory Act of the 94th |
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1 | General Assembly and except for the offenses of manufacture | ||||||
2 | and dissemination of child pornography under clauses | ||||||
3 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
4 | of 1961, if committed on or after January 1, 2009 , 2 years;
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5 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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6 | (4) for defendants who commit the offense of predatory | ||||||
7 | criminal sexual assault of a child, aggravated criminal | ||||||
8 | sexual assault, or criminal sexual assault, on or after the | ||||||
9 | effective date of this amendatory Act of the 94th General | ||||||
10 | Assembly , or who commit the offense of aggravated child | ||||||
11 | pornography, manufacture of child pornography, or | ||||||
12 | dissemination of child pornography after January 1, 2009 , | ||||||
13 | the term of mandatory supervised release shall range from a | ||||||
14 | minimum of 3 years to a maximum of the natural life of the | ||||||
15 | defendant;
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16 | (5) if the victim is under 18 years of age, for a | ||||||
17 | second or subsequent
offense of aggravated criminal sexual | ||||||
18 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
19 | the first 2 years of which the defendant shall serve in an
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20 | electronic home detention program under Article 8A of | ||||||
21 | Chapter V of this Code.
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22 | (e) A defendant who has a previous and unexpired sentence | ||||||
23 | of
imprisonment imposed by another state or by any district | ||||||
24 | court of the
United States and who, after sentence for a
crime | ||||||
25 | in Illinois, must return to serve the unexpired prior sentence | ||||||
26 | may
have his sentence by the Illinois court ordered to be |
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1 | concurrent with
the prior sentence in the other state. The | ||||||
2 | court may order that any time
served on the unexpired portion | ||||||
3 | of the sentence in the other state,
prior to his return to | ||||||
4 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
5 | state shall be furnished with a copy of the order
imposing | ||||||
6 | sentence which shall provide that, when the offender is
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7 | released from confinement of the other state, whether by parole | ||||||
8 | or by
termination of sentence, the offender shall be | ||||||
9 | transferred by the
Sheriff of the committing county to the | ||||||
10 | Illinois Department of
Corrections. The court shall cause the | ||||||
11 | Department of Corrections to be
notified of such sentence at | ||||||
12 | the time of commitment and to be provided
with copies of all | ||||||
13 | records regarding the sentence.
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14 | (f) A defendant who has a previous and unexpired sentence | ||||||
15 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
16 | crime in this State and who is
subsequently sentenced to a term | ||||||
17 | of imprisonment by another state or by
any district court of | ||||||
18 | the United States and who has served a term of
imprisonment | ||||||
19 | imposed by the other state or district court of the United
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20 | States, and must return to serve the unexpired prior sentence | ||||||
21 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
22 | which imposed sentence to
have his sentence reduced.
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23 | The circuit court may order that any time served on the | ||||||
24 | sentence imposed
by the other state or district court of the | ||||||
25 | United States be credited on
his Illinois sentence. Such | ||||||
26 | application for reduction of a sentence under
this subsection |
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1 | (f) shall be made within 30 days after the defendant has
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2 | completed the sentence imposed by the other state or district | ||||||
3 | court of the
United States.
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4 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
5 | 94-715, eff. 12-13-05.)".
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