Bill Text: IL SB1035 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning domestic battery.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0475 [SB1035 Detail]

Download: Illinois-2011-SB1035-Chaptered.html

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Public Act 097-0475
SB1035 Enrolled LRB097 04764 RLC 44803 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 Code of Criminal Procedure of 1963 is
amended by adding Section 115-17b as follows:
(725 ILCS 5/115-17b new)
Sec. 115-17b. Administrative subpoenas.
(a) Definitions. As used in this Section:
"Electronic communication services" and "remote
computing services" have the same meaning as provided in
the Electronic Communications Privacy Act in Chapter 121
(commencing with Section 2701) of Part I of Title 18 of the
United States Code Annotated.
"Offense involving the sexual exploitation of
children" means an offense under Section 11-6, 11-6.5,
11-6.6, 11-9.1, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
11-19.2, 11-20.1, 11-20.3, 11-21, 11-23, 11-25, 11-26,
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code
of 1961 or any attempt to commit any of these offenses when
the victim is under 18 years of age.
(b) Subpoenas duces tecum. In any criminal investigation of
an offense involving the sexual exploitation of children, the
Attorney General, or his or her designee, or a State's

Attorney, or his or her designee, may issue in writing and
cause to be served subpoenas duces tecum to providers of
electronic communication services or remote computing services
requiring the production of records relevant to the
investigation. Any such request for records shall not extend
beyond requiring the provider to disclose the information
specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum
issued under this Section shall be made returnable to the Chief
Judge of the Circuit Court for the Circuit in which the State's
Attorney resides, or his or her designee, or for subpoenas
issued by the Attorney General, the subpoena shall be made
returnable to the Chief Judge of the Circuit Court for the
Circuit to which the investigation pertains, or his or her
designee, to determine whether the documents are privileged and
whether the subpoena is unreasonable or oppressive.
(c) Contents of subpoena. A subpoena under this Section
shall describe the records or other things required to be
produced and prescribe a return date within a reasonable period
of time within which the objects or records can be assembled
and made available.
(c-5) Contemporaneous notice to Chief Judge. Whenever a
subpoena is issued under this Section, the Attorney General or
his or her designee or the State's Attorney or his of her
designee shall be required to provide a copy of the subpoena to
the Chief Judge of the county in which the subpoena is
returnable.

(d) Modifying or quashing subpoena. At any time before the
return date specified in the subpoena, the person or entity to
whom the subpoena is directed may petition for an order
modifying or quashing the subpoena on the grounds that the
subpoena is oppressive or unreasonable or that the subpoena
seeks privileged documents or records.
(e) Ex parte order. An Illinois circuit court for the
circuit in which the subpoena is or will be issued, upon
application of the Attorney General, or his or her designee, or
State's Attorney, or his or her designee, may issue an ex parte
order that no person or entity disclose to any other person or
entity (other than persons necessary to comply with the
subpoena) the existence of such subpoena for a period of up to
90 days.
(1) Such order may be issued upon a showing that the
things being sought may be relevant to the investigation
and there is reason to believe that such disclosure may
result in:
(A) endangerment to the life or physical safety of
any person;
(B) flight to avoid prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
(2) An order under this Section may be renewed for

additional periods of up to 90 days upon a showing that the
circumstances described in paragraph (1) of this
subsection (e) continue to exist.
(f) Enforcement. A witness who is duly subpoenaed who
neglects or refuses to comply with the subpoena shall be
proceeded against and punished for contempt of the court. A
subpoena duces tecum issued under this Section may be enforced
pursuant to the Uniform Act to Secure the Attendance of
Witnesses from Within or Without a State in Criminal
Proceedings.
(g) Immunity from civil liability. Notwithstanding any
federal, State, or local law, any person, including officers,
agents, and employees, receiving a subpoena under this Section,
who complies in good faith with the subpoena and thus produces
the materials sought, shall not be liable in any court of
Illinois to any customer or other person for such production or
for nondisclosure of that production to the customer.
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) 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), 11-20.3 (aggravated
child pornography), 12-13 (criminal sexual assault), 12-14
(aggravated criminal sexual assault), or 12-14.1
(predatory criminal sexual assault of a child) of the
Criminal Code of 1961 (720 ILCS 5/11-20.1, 5/11-20.3,
5/12-13, 5/12-14, or 5/12-14.1).
(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, aggravated battery of a senior citizen,
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
(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 (concealment of homicidal death) or Section
12-20.5 (dismembering a human body) of the Criminal Code of
1961 (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.
(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 clause (c)(2) of Section
31A-1.1 of the Criminal Code of 1961, 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, 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. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10.)