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92_HB5012 LRB9211210RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-8-4 as follows: 6 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 7 Sec. 5-8-4. Concurrent and Consecutive Terms of 8 Imprisonment. 9 (a) When multiple sentences of imprisonment are imposed 10 on a defendant at the same time, or when a term of 11 imprisonment is imposed on a defendant who is already subject 12 to sentence in this State or in another state, or for a 13 sentence imposed by any district court of the United States, 14 the sentences shall run concurrently or consecutively as 15 determined by the court. When a term of imprisonment is 16 imposed on a defendant by an Illinois circuit court and the 17 defendant is subsequently sentenced to a term of imprisonment 18 by another state or by a district court of the United States, 19 the Illinois circuit court which imposed the sentence may 20 order that the Illinois sentence be made concurrent with the 21 sentence imposed by the other state or district court of the 22 United States. In such instance, the defendant must apply to 23 the circuit court within 30 days after the defendant's 24 sentence imposed by the other state or district of the United 25 States is finalized. 26 (b) The court shall order multiple sentences that are 27 imposed on a defendant at the same time to run consecutively, 28 if
The court shall not impose consecutive sentences for29 offenses which were committed as part of a single course of30 conduct during which there was no substantial change in the31 nature of the criminal objective, unless: -2- LRB9211210RCcdA 1 (i) one of the offenses for which defendant was 2 convicted was first degree murder or a Class X or Class 1 3 felony and the defendant inflicted severe bodily injury, 4 or 5 (ii) the defendant was convicted of a violation of 6 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 7 1961, or 8 (iii) the defendant was convicted of armed violence 9 based upon the predicate offense of solicitation of 10 murder, solicitation of murder for hire, heinous battery, 11 aggravated battery of a senior citizen, criminal sexual 12 assault, a violation of subsection (g) of Section 5 of 13 the Cannabis Control Act, cannabis trafficking, a 14 violation of subsection (a) of Section 401 of the 15 Illinois Controlled Substances Act, controlled substance 16 trafficking involving a Class X felony amount of 17 controlled substance under Section 401 of the Illinois 18 Controlled Substances Act, calculated criminal drug 19 conspiracy, or streetgang criminal drug conspiracy ,20 in which event the court shall enter sentences to run21 consecutively. Sentences shall run concurrently unless22 otherwise specified by the court. 23 (b-1) Except as provided in subsection (b), the court 24 shall not impose consecutive sentences for offenses which 25 were committed as part of a single course of conduct during 26 which there was no substantial change in the nature of the 27 criminal objective. 28 (b-2) Except as provided in subsection (b), the court 29 shall not impose aconsecutive sentences for offenses which 30 were not committed as part of a single course of conduct 31 sentence except as provided for in subsection (a)unless, 32 having regard to the nature and circumstances of the offense 33 and the history and character of the defendant, it is of the 34 opinion that such a term is required to protect the public -3- LRB9211210RCcdA 1 from further criminal conduct by the defendant, the basis for 2 which the court shall set forth in the record ; except that no3 such finding or opinion is required when multiple sentences4 of imprisonment are imposed on a defendant for offenses that5 were not committed as part of a single course of conduct6 during which there was no substantial change in the nature of7 the criminal objective, and one of the offenses for which the8 defendant was convicted was first degree murder or a Class X9 or Class 1 felony and the defendant inflicted severe bodily10 injury, or when the defendant was convicted of a violation of11 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of12 1961, or where the defendant was convicted of armed violence13 based upon the predicate offense of solicitation of murder,14 solicitation of murder for hire, heinous battery, aggravated15 battery of a senior citizen, criminal sexual assault, a16 violation of subsection (g) of Section 5 of the Cannabis17 Control Act, cannabis trafficking, a violation of subsection18 (a) of Section 401 of the Illinois Controlled Substances Act,19 controlled substance trafficking involving a Class X felony20 amount of controlled substance under Section 401 of the21 Illinois Controlled Substances Act, calculated criminal drug22 conspiracy, or streetgang criminal drug conspiracy, in which23 event the Court shall enter sentences to run consecutively. 24 (b-3) Sentences shall run concurrently unless otherwise 25 specified by the court. 26 (c) (1) For sentences imposed under law in effect prior 27 to February 1, 1978 the aggregate maximum of consecutive 28 sentences shall not exceed the maximum term authorized 29 under Section 5-8-1 for the 2 most serious felonies 30 involved. The aggregate minimum period of consecutive 31 sentences shall not exceed the highest minimum term 32 authorized under Section 5-8-1 for the 2 most serious 33 felonies involved. When sentenced only for misdemeanors, 34 a defendant shall not be consecutively sentenced to more -4- LRB9211210RCcdA 1 than the maximum for one Class A misdemeanor. 2 (2) For sentences imposed under the law in effect 3 on or after February 1, 1978, the aggregate of 4 consecutive sentences for offenses that were committed as 5 part of a single course of conduct during which there was 6 no substantial change in the nature of the criminal 7 objective shall not exceed the sum of the maximum terms 8 authorized under Section 5-8-2 for the 2 most serious 9 felonies involved, but no such limitation shall apply for 10 offenses that were not committed as part of a single 11 course of conduct during which there was no substantial 12 change in the nature of the criminal objective. When 13 sentenced only for misdemeanors, a defendant shall not be 14 consecutively sentenced to more than the maximum for one 15 Class A misdemeanor. 16 (d) An offender serving a sentence for a misdemeanor who 17 is convicted of a felony and sentenced to imprisonment shall 18 be transferred to the Department of Corrections, and the 19 misdemeanor sentence shall be merged in and run concurrently 20 with the felony sentence. 21 (e) In determining the manner in which consecutive 22 sentences of imprisonment, one or more of which is for a 23 felony, will be served, the Department of Corrections shall 24 treat the offender as though he had been committed for a 25 single term with the following incidents: 26 (1) the maximum period of a term of imprisonment 27 shall consist of the aggregate of the maximums of the 28 imposed indeterminate terms, if any, plus the aggregate 29 of the imposed determinate sentences for felonies plus 30 the aggregate of the imposed determinate sentences for 31 misdemeanors subject to paragraph (c) of this Section; 32 (2) the parole or mandatory supervised release term 33 shall be as provided in paragraph (e) of Section 5-8-1 of 34 this Code for the most serious of the offenses involved; -5- LRB9211210RCcdA 1 (3) the minimum period of imprisonment shall be the 2 aggregate of the minimum and determinate periods of 3 imprisonment imposed by the court, subject to paragraph 4 (c) of this Section; and 5 (4) the offender shall be awarded credit against 6 the aggregate maximum term and the aggregate minimum term 7 of imprisonment for all time served in an institution 8 since the commission of the offense or offenses and as a 9 consequence thereof at the rate specified in Section 10 3-6-3 of this Code. 11 (f) A sentence of an offender committed to the 12 Department of Corrections at the time of the commission of 13 the offense shall be served consecutive to the sentence under 14 which he is held by the Department of Corrections. However, 15 in case such offender shall be sentenced to punishment by 16 death, the sentence shall be executed at such time as the 17 court may fix without regard to the sentence under which such 18 offender may be held by the Department. 19 (g) A sentence under Section 3-6-4 for escape or 20 attempted escape shall be served consecutive to the terms 21 under which the offender is held by the Department of 22 Corrections. 23 (h) If a person charged with a felony commits a separate 24 felony while on pre-trial release or in pretrial detention in 25 a county jail facility or county detention facility, the 26 sentences imposed upon conviction of these felonies shall be 27 served consecutively regardless of the order in which the 28 judgments of conviction are entered. 29 (i) If a person admitted to bail following conviction of 30 a felony commits a separate felony while free on bond or if a 31 person detained in a county jail facility or county detention 32 facility following conviction of a felony commits a separate 33 felony while in detention, any sentence following conviction 34 of the separate felony shall be consecutive to that of the -6- LRB9211210RCcdA 1 original sentence for which the defendant was on bond or 2 detained. 3 (Source: P.A. 91-144, eff. 1-1-00; 91-404, eff. 1-1-00; 4 92-16, eff. 6-28-01.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.
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