Illinois General Assembly - Full Text of Public Act 098-0437
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Public Act 098-0437


 

Public Act 0437 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0437
 
HB2647 EnrolledLRB098 05661 RLC 35700 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 11-20.1 as follows:
 
    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
    Sec. 11-20.1. Child pornography.
    (a) A person commits child pornography who:
        (1) films, videotapes, photographs, or otherwise
    depicts or portrays by means of any similar visual medium
    or reproduction or depicts by computer any child whom he or
    she knows or reasonably should know to be under the age of
    18 or any severely or profoundly intellectually disabled
    person where such child or severely or profoundly
    intellectually disabled person is:
            (i) actually or by simulation engaged in any act of
        sexual penetration or sexual conduct with any person or
        animal; or
            (ii) actually or by simulation engaged in any act
        of sexual penetration or sexual conduct involving the
        sex organs of the child or severely or profoundly
        intellectually disabled person and the mouth, anus, or
        sex organs of another person or animal; or which
        involves the mouth, anus or sex organs of the child or
        severely or profoundly intellectually disabled person
        and the sex organs of another person or animal; or
            (iii) actually or by simulation engaged in any act
        of masturbation; or
            (iv) actually or by simulation portrayed as being
        the object of, or otherwise engaged in, any act of lewd
        fondling, touching, or caressing involving another
        person or animal; or
            (v) actually or by simulation engaged in any act of
        excretion or urination within a sexual context; or
            (vi) actually or by simulation portrayed or
        depicted as bound, fettered, or subject to sadistic,
        masochistic, or sadomasochistic abuse in any sexual
        context; or
            (vii) depicted or portrayed in any pose, posture or
        setting involving a lewd exhibition of the unclothed or
        transparently clothed genitals, pubic area, buttocks,
        or, if such person is female, a fully or partially
        developed breast of the child or other person; or
        (2) with the knowledge of the nature or content
    thereof, reproduces, disseminates, offers to disseminate,
    exhibits or possesses with intent to disseminate any film,
    videotape, photograph or other similar visual reproduction
    or depiction by computer of any child or severely or
    profoundly intellectually disabled person whom the person
    knows or reasonably should know to be under the age of 18
    or to be a severely or profoundly intellectually disabled
    person, engaged in any activity described in subparagraphs
    (i) through (vii) of paragraph (1) of this subsection; or
        (3) with knowledge of the subject matter or theme
    thereof, produces any stage play, live performance, film,
    videotape or other similar visual portrayal or depiction by
    computer which includes a child whom the person knows or
    reasonably should know to be under the age of 18 or a
    severely or profoundly intellectually disabled person
    engaged in any activity described in subparagraphs (i)
    through (vii) of paragraph (1) of this subsection; or
        (4) solicits, uses, persuades, induces, entices, or
    coerces any child whom he or she knows or reasonably should
    know to be under the age of 18 or a severely or profoundly
    intellectually disabled person to appear in any stage play,
    live presentation, film, videotape, photograph or other
    similar visual reproduction or depiction by computer in
    which the child or severely or profoundly intellectually
    disabled person is or will be depicted, actually or by
    simulation, in any act, pose or setting described in
    subparagraphs (i) through (vii) of paragraph (1) of this
    subsection; or
        (5) is a parent, step-parent, legal guardian or other
    person having care or custody of a child whom the person
    knows or reasonably should know to be under the age of 18
    or a severely or profoundly intellectually disabled person
    and who knowingly permits, induces, promotes, or arranges
    for such child or severely or profoundly intellectually
    disabled person to appear in any stage play, live
    performance, film, videotape, photograph or other similar
    visual presentation, portrayal or simulation or depiction
    by computer of any act or activity described in
    subparagraphs (i) through (vii) of paragraph (1) of this
    subsection; or
        (6) with knowledge of the nature or content thereof,
    possesses any film, videotape, photograph or other similar
    visual reproduction or depiction by computer of any child
    or severely or profoundly intellectually disabled person
    whom the person knows or reasonably should know to be under
    the age of 18 or to be a severely or profoundly
    intellectually disabled person, engaged in any activity
    described in subparagraphs (i) through (vii) of paragraph
    (1) of this subsection; or
        (7) solicits, or knowingly uses, persuades, induces,
    entices, or coerces, a person to provide a child under the
    age of 18 or a severely or profoundly intellectually
    disabled person to appear in any videotape, photograph,
    film, stage play, live presentation, or other similar
    visual reproduction or depiction by computer in which the
    child or severely or profoundly intellectually disabled
    person will be depicted, actually or by simulation, in any
    act, pose, or setting described in subparagraphs (i)
    through (vii) of paragraph (1) of this subsection.
    (a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply to
multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer that
are identical to each other.
    (b) (1) It shall be an affirmative defense to a charge of
    child pornography that the defendant reasonably believed,
    under all of the circumstances, that the child was 18 years
    of age or older or that the person was not a severely or
    profoundly intellectually disabled person but only where,
    prior to the act or acts giving rise to a prosecution under
    this Section, he or she took some affirmative action or
    made a bonafide inquiry designed to ascertain whether the
    child was 18 years of age or older or that the person was
    not a severely or profoundly intellectually disabled
    person and his or her reliance upon the information so
    obtained was clearly reasonable.
        (1.5) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section by virtue of the transmission, storage, or caching
    of electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
        (2) (Blank).
        (3) The charge of child pornography shall not apply to
    the performance of official duties by law enforcement or
    prosecuting officers or persons employed by law
    enforcement or prosecuting agencies, court personnel or
    attorneys, nor to bonafide treatment or professional
    education programs conducted by licensed physicians,
    psychologists or social workers.
        (4) If the defendant possessed more than one of the
    same film, videotape or visual reproduction or depiction by
    computer in which child pornography is depicted, then the
    trier of fact may infer that the defendant possessed such
    materials with the intent to disseminate them.
        (5) The charge of child pornography does not apply to a
    person who does not voluntarily possess a film, videotape,
    or visual reproduction or depiction by computer in which
    child pornography is depicted. Possession is voluntary if
    the defendant knowingly procures or receives a film,
    videotape, or visual reproduction or depiction for a
    sufficient time to be able to terminate his or her
    possession.
        (6) Any violation of paragraph (1), (2), (3), (4), (5),
    or (7) of subsection (a) that includes a child engaged in,
    solicited for, depicted in, or posed in any act of sexual
    penetration or bound, fettered, or subject to sadistic,
    masochistic, or sadomasochistic abuse in a sexual context
    shall be deemed a crime of violence.
    (c) If the violation does not involve a film, videotape, or
other moving depiction, a violation of paragraph (1), (4), (5),
or (7) of subsection (a) is a Class 1 felony with a mandatory
minimum fine of $2,000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (3) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (2) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (2) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (6) of subsection (a) is a Class 3
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
    (c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under the
age of 13, a person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
    (d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
    (e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 18 or a severely or profoundly intellectually
disabled person engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of
this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
    In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
    (e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
    (f) Definitions. For the purposes of this Section:
        (1) "Disseminate" means (i) to sell, distribute,
    exchange or transfer possession, whether with or without
    consideration or (ii) to make a depiction by computer
    available for distribution or downloading through the
    facilities of any telecommunications network or through
    any other means of transferring computer programs or data
    to a computer.
        (2) "Produce" means to direct, promote, advertise,
    publish, manufacture, issue, present or show.
        (3) "Reproduce" means to make a duplication or copy.
        (4) "Depict by computer" means to generate or create,
    or cause to be created or generated, a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (5) "Depiction by computer" means a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (6) "Computer", "computer program", and "data" have
    the meanings ascribed to them in Section 16D-2 of this
    Code.
        (7) For the purposes of this Section, "child
    pornography" includes a film, videotape, photograph, or
    other similar visual medium or reproduction or depiction by
    computer that is, or appears to be, that of a person,
    either in part, or in total, under the age of 18 or a
    severely or profoundly intellectually disabled person,
    regardless of the method by which the film, videotape,
    photograph, or other similar visual medium or reproduction
    or depiction by computer is created, adopted, or modified
    to appear as such. "Child pornography" also includes a
    film, videotape, photograph, or other similar visual
    medium or reproduction or depiction by computer that is
    advertised, promoted, presented, described, or distributed
    in such a manner that conveys the impression that the film,
    videotape, photograph, or other similar visual medium or
    reproduction or depiction by computer is of a person under
    the age of 18 or a severely or profoundly intellectually
    disabled person.
    (g) Re-enactment; findings; purposes.
        (1) The General Assembly finds and declares that:
            (i) Section 50-5 of Public Act 88-680, effective
        January 1, 1995, contained provisions amending the
        child pornography statute, Section 11-20.1 of the
        Criminal Code of 1961. Section 50-5 also contained
        other provisions.
            (ii) In addition, Public Act 88-680 was entitled
        "AN ACT to create a Safe Neighborhoods Law". (A)
        Article 5 was entitled JUVENILE JUSTICE and amended the
        Juvenile Court Act of 1987. (B) Article 15 was entitled
        GANGS and amended various provisions of the Criminal
        Code of 1961 and the Unified Code of Corrections. (C)
        Article 20 was entitled ALCOHOL ABUSE and amended
        various provisions of the Illinois Vehicle Code. (D)
        Article 25 was entitled DRUG ABUSE and amended the
        Cannabis Control Act and the Illinois Controlled
        Substances Act. (E) Article 30 was entitled FIREARMS
        and amended the Criminal Code of 1961 and the Code of
        Criminal Procedure of 1963. (F) Article 35 amended the
        Criminal Code of 1961, the Rights of Crime Victims and
        Witnesses Act, and the Unified Code of Corrections. (G)
        Article 40 amended the Criminal Code of 1961 to
        increase the penalty for compelling organization
        membership of persons. (H) Article 45 created the
        Secure Residential Youth Care Facility Licensing Act
        and amended the State Finance Act, the Juvenile Court
        Act of 1987, the Unified Code of Corrections, and the
        Private Correctional Facility Moratorium Act. (I)
        Article 50 amended the WIC Vendor Management Act, the
        Firearm Owners Identification Card Act, the Juvenile
        Court Act of 1987, the Criminal Code of 1961, the
        Wrongs to Children Act, and the Unified Code of
        Corrections.
            (iii) On September 22, 1998, the Third District
        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
        ruled that Public Act 88-680 violates the single
        subject clause of the Illinois Constitution (Article
        IV, Section 8 (d)) and was unconstitutional in its
        entirety. As of the time this amendatory Act of 1999
        was prepared, People v. Dainty was still subject to
        appeal.
            (iv) Child pornography is a vital concern to the
        people of this State and the validity of future
        prosecutions under the child pornography statute of
        the Criminal Code of 1961 is in grave doubt.
        (2) It is the purpose of this amendatory Act of 1999 to
    prevent or minimize any problems relating to prosecutions
    for child pornography that may result from challenges to
    the constitutional validity of Public Act 88-680 by
    re-enacting the Section relating to child pornography that
    was included in Public Act 88-680.
        (3) This amendatory Act of 1999 re-enacts Section
    11-20.1 of the Criminal Code of 1961, as it has been
    amended. This re-enactment is intended to remove any
    question as to the validity or content of that Section; it
    is not intended to supersede any other Public Act that
    amends the text of the Section as set forth in this
    amendatory Act of 1999. The material is shown as existing
    text (i.e., without underscoring) because, as of the time
    this amendatory Act of 1999 was prepared, People v. Dainty
    was subject to appeal to the Illinois Supreme Court.
        (4) The re-enactment by this amendatory Act of 1999 of
    Section 11-20.1 of the Criminal Code of 1961 relating to
    child pornography that was amended by Public Act 88-680 is
    not intended, and shall not be construed, to imply that
    Public Act 88-680 is invalid or to limit or impair any
    legal argument concerning whether those provisions were
    substantially re-enacted by other Public Acts.
(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff.
1-1-12; 97-227, eff. 1-1-12; 97-995, eff. 1-1-13; 97-1109, eff.
1-1-13.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-8-4 as follows:
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
    (a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
    (c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    of the offense and the history and character of the
    defendant, it is the opinion of the court that consecutive
    sentences are required to protect the public from further
    criminal conduct by the defendant, the basis for which the
    court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    convicted was a violation of Section 32-5.2 (aggravated
    false personation of a peace officer) of the Criminal Code
    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
    offense was committed in attempting or committing a
    forcible felony.
    (d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
        (1) One of the offenses for which the defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily injury.
        (2) The defendant was convicted of a violation of
    Section 11-20.1 (child pornography), 11-20.1B or 11-20.3
    (aggravated child pornography), 11-1.20 or 12-13 (criminal
    sexual assault), 11-1.30 or 12-14 (aggravated criminal
    sexual assault), or 11-1.40 or 12-14.1 (predatory criminal
    sexual assault of a child) of the Criminal Code of 1961 or
    the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B,
    5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14,
    5/11-1.40, or 5/12-14.1).
        (2.5) The defendant was convicted of a violation of
    paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)
    of Section 11-20.1 (child pornography) or of paragraph (1),
    (2), (3), (4), (5), or (7) of subsection (a) of Section
    11-20.1B or 11-20.3 (aggravated child pornography) of the
    Criminal Code of 1961 or the Criminal Code of 2012; or the
    defendant was convicted of a violation of paragraph (6) of
    subsection (a) of Section 11-20.1 (child pornography) or of
    paragraph (6) of subsection (a) of Section 11-20.1B or
    11-20.3 (aggravated child pornography) of the Criminal
    Code of 1961 or the Criminal Code of 2012, when the child
    depicted is under the age of 13.
        (3) The defendant was convicted of armed violence based
    upon the predicate offense of any of the following:
    solicitation of murder, solicitation of murder for hire,
    heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05, aggravated battery
    of a senior citizen as described in Section 12-4.6 or
    subdivision (a)(4) of Section 12-3.05, criminal sexual
    assault, a violation of subsection (g) of Section 5 of the
    Cannabis Control Act (720 ILCS 550/5), cannabis
    trafficking, a violation of subsection (a) of Section 401
    of the Illinois Controlled Substances Act (720 ILCS
    570/401), controlled substance trafficking involving a
    Class X felony amount of controlled substance under Section
    401 of the Illinois Controlled Substances Act (720 ILCS
    570/401), a violation of the Methamphetamine Control and
    Community Protection Act (720 ILCS 646/), calculated
    criminal drug conspiracy, or streetgang criminal drug
    conspiracy.
        (4) The defendant was convicted of the offense of
    leaving the scene of a motor vehicle accident involving
    death or personal injuries under Section 11-401 of the
    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof under Section 11-501 of the
    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
    homicide under Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
    offense described in item (A) and an offense described in
    item (B).
        (5) The defendant was convicted of a violation of
    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
    death) or Section 12-20.5 (dismembering a human body) of
    the Criminal Code of 1961 or the Criminal Code of 2012 (720
    ILCS 5/9-3.1 or 5/12-20.5).
        (5.5) The defendant was convicted of a violation of
    Section 24-3.7 (use of a stolen firearm in the commission
    of an offense) of the Criminal Code of 1961 or the Criminal
    Code of 2012.
        (6) If the defendant was in the custody of the
    Department of Corrections at the time of the commission of
    the offense, the sentence shall be served consecutive to
    the sentence under which the defendant is held by the
    Department of Corrections. If, however, the defendant is
    sentenced to punishment by death, the sentence shall be
    executed at such time as the court may fix without regard
    to the sentence under which the defendant may be held by
    the Department.
        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
    for escape or attempted escape shall be served consecutive
    to the terms under which the offender is held by the
    Department of Corrections.
        (8) If a person charged with a felony commits a
    separate felony while on pretrial release or in pretrial
    detention in a county jail facility or county detention
    facility, then the sentences imposed upon conviction of
    these felonies shall be served consecutively regardless of
    the order in which the judgments of conviction are entered.
        (8.5) If a person commits a battery against a county
    correctional officer or sheriff's employee while serving a
    sentence or in pretrial detention in a county jail
    facility, then the sentence imposed upon conviction of the
    battery shall be served consecutively with the sentence
    imposed upon conviction of the earlier misdemeanor or
    felony, regardless of the order in which the judgments of
    conviction are entered.
        (9) If a person admitted to bail following conviction
    of a felony commits a separate felony while free on bond or
    if a person detained in a county jail facility or county
    detention facility following conviction of a felony
    commits a separate felony while in detention, then any
    sentence following conviction of the separate felony shall
    be consecutive to that of the original sentence for which
    the defendant was on bond or detained.
        (10) If a person is found to be in possession of an
    item of contraband, as defined in Section 31A-0.1 of the
    Criminal Code of 2012, while serving a sentence in a county
    jail or while in pre-trial detention in a county jail, the
    sentence imposed upon conviction for the offense of
    possessing contraband in a penal institution shall be
    served consecutively to the sentence imposed for the
    offense in which the person is serving sentence in the
    county jail or serving pretrial detention, regardless of
    the order in which the judgments of conviction are entered.
        (11) If a person is sentenced for a violation of bail
    bond under Section 32-10 of the Criminal Code of 1961 or
    the Criminal Code of 2012, any sentence imposed for that
    violation shall be served consecutive to the sentence
    imposed for the charge for which bail had been granted and
    with respect to which the defendant has been convicted.
    (e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
    (f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
        (1) For sentences imposed under law in effect prior to
    February 1, 1978, the aggregate maximum of consecutive
    sentences shall not exceed the maximum term authorized
    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
    Chapter V for the 2 most serious felonies involved. The
    aggregate minimum period of consecutive sentences shall
    not exceed the highest minimum term authorized under
    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
    V for the 2 most serious felonies involved. When sentenced
    only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for one
    Class A misdemeanor.
        (2) For sentences imposed under the law in effect on or
    after February 1, 1978, the aggregate of consecutive
    sentences for offenses that were committed as part of a
    single course of conduct during which there was no
    substantial change in the nature of the criminal objective
    shall not exceed the sum of the maximum terms authorized
    under Article 4.5 of Chapter V for the 2 most serious
    felonies involved, but no such limitation shall apply for
    offenses that were not committed as part of a single course
    of conduct during which there was no substantial change in
    the nature of the criminal objective. When sentenced only
    for misdemeanors, a defendant shall not be consecutively
    sentenced to more than the maximum for one Class A
    misdemeanor.
    (g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
        (1) The maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies, plus the
    aggregate of the imposed determinate sentences for
    misdemeanors, subject to subsection (f) of this Section.
        (2) The parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-4.5-50
    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
    involved.
        (3) The minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to subsection
    (f) of this Section.
        (4) The defendant shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    imprisonment for all time served in an institution since
    the commission of the offense or offenses and as a
    consequence thereof at the rate specified in Section 3-6-3
    (730 ILCS 5/3-6-3).
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff.
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551,
Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11;
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
1-25-13.)

Effective Date: 1/1/2014