State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_SB1080

 
                                               LRB9207982RCcd

 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
 5    by 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. The defendant must apply to the circuit court
23    within 30 days after the defendant's sentence imposed by  the
24    other  state  or  district of the United States is finalized.
25    The court shall not impose consecutive sentences for offenses
26    which were committed as part of a single  course  of  conduct
27    during which there was no substantial change in the nature of
28    the criminal objective, unless:
29             (i)  one  of  the  offenses  for which defendant was
30        convicted was first degree murder or a Class X or Class 1
31        felony and the defendant inflicted severe bodily  injury,
 
                            -2-                LRB9207982RCcd
 1        or
 2             (ii)  the  defendant was convicted of a violation of
 3        Section 12-13, 12-14, or 12-14.1, 12-15, or 12-16 of  the
 4        Criminal Code of 1961, or
 5             (iii)  the defendant was convicted of armed violence
 6        based  upon  the  predicate  offense  of  solicitation of
 7        murder, solicitation of murder for hire, heinous battery,
 8        aggravated battery of a senior citizen,  criminal  sexual
 9        assault,  a  violation of subsection (g) of  Section 5 of
10        the  Cannabis  Control  Act,  cannabis   trafficking,   a
11        violation  of  subsection  (a)  of  Section  401  of  the
12        Illinois  Controlled Substances Act, controlled substance
13        trafficking  involving  a  Class  X  felony   amount   of
14        controlled  substance  under  Section 401 of the Illinois
15        Controlled  Substances  Act,  calculated  criminal   drug
16        conspiracy, or streetgang criminal drug conspiracy,
17    in  which  event  the  court  shall  enter  sentences  to run
18    consecutively.  Sentences  shall  run   concurrently   unless
19    otherwise specified by the court.
20        (b)  The  court  shall  not impose a consecutive sentence
21    except as provided  for  in  subsection  (a)  unless,  having
22    regard to the nature and circumstances of the offense and the
23    history  and character of the defendant, it is of the opinion
24    that such a term is  required  to  protect  the  public  from
25    further  criminal  conduct  by  the  defendant, the basis for
26    which the court shall set forth in the record; except that no
27    such finding or opinion is required when  multiple  sentences
28    of  imprisonment are imposed on a defendant for offenses that
29    were not committed as part of  a  single  course  of  conduct
30    during which there was no substantial change in the nature of
31    the criminal objective, and one of the offenses for which the
32    defendant  was convicted was first degree murder or a Class X
33    or Class 1 felony and the defendant inflicted  severe  bodily
34    injury, or when the defendant was convicted of a violation of
 
                            -3-                LRB9207982RCcd
 1    Section  12-13,  12-14,  or  12-14.1,  12-15, or 12-16 of the
 2    Criminal Code of 1961, or where the defendant  was  convicted
 3    of  armed  violence  based  upon  the  predicate  offense  of
 4    solicitation  of  murder,  solicitation  of  murder for hire,
 5    heinous battery, aggravated  battery  of  a  senior  citizen,
 6    criminal  sexual  assault,  a  violation of subsection (g) of
 7    Section 5 of the Cannabis Control Act, cannabis  trafficking,
 8    a  violation of subsection (a) of Section 401 of the Illinois
 9    Controlled Substances Act, controlled  substance  trafficking
10    involving  a  Class  X  felony amount of controlled substance
11    under Section 401 of the Illinois Controlled Substances  Act,
12    calculated  criminal  drug conspiracy, or streetgang criminal
13    drug  conspiracy,  in  which  event  the  Court  shall  enter
14    sentences to run consecutively.
15        (c) (1)  For sentences imposed under law in effect  prior
16        to  February 1, 1978 the aggregate maximum of consecutive
17        sentences shall not exceed the  maximum  term  authorized
18        under  Section  5-8-1  for  the  2  most serious felonies
19        involved.  The aggregate minimum  period  of  consecutive
20        sentences  shall  not  exceed  the  highest  minimum term
21        authorized under Section 5-8-1 for  the  2  most  serious
22        felonies  involved. When sentenced only for misdemeanors,
23        a defendant shall not be consecutively sentenced to  more
24        than the maximum for one Class A misdemeanor.
25             (2)  For  sentences  imposed under the law in effect
26        on  or  after  February  1,  1978,   the   aggregate   of
27        consecutive sentences for offenses that were committed as
28        part of a single course of conduct during which there was
29        no  substantial  change  in  the  nature  of the criminal
30        objective shall not exceed the sum of the  maximum  terms
31        authorized  under  Section  5-8-2  for the 2 most serious
32        felonies involved, but no such limitation shall apply for
33        offenses that were not committed  as  part  of  a  single
34        course  of  conduct during which there was no substantial
 
                            -4-                LRB9207982RCcd
 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        (d)  An offender serving a sentence for a misdemeanor who
 6    is convicted of a felony and sentenced to imprisonment  shall
 7    be  transferred  to  the  Department  of Corrections, and the
 8    misdemeanor sentence shall be merged in and run  concurrently
 9    with the felony sentence.
10        (e)  In  determining  the  manner  in  which  consecutive
11    sentences  of  imprisonment,  one  or  more of which is for a
12    felony, will be served, the Department of  Corrections  shall
13    treat  the  offender  as  though  he had been committed for a
14    single term with the following incidents:
15             (1)  the maximum period of a  term  of  imprisonment
16        shall  consist  of  the  aggregate of the maximums of the
17        imposed indeterminate terms, if any, plus  the  aggregate
18        of  the  imposed  determinate sentences for felonies plus
19        the aggregate of the imposed  determinate  sentences  for
20        misdemeanors subject to paragraph (c) of this Section;
21             (2)  the parole or mandatory supervised release term
22        shall be as provided in paragraph (e) of Section 5-8-1 of
23        this Code for the most serious of the offenses involved;
24             (3)  the minimum period of imprisonment shall be the
25        aggregate  of  the  minimum  and  determinate  periods of
26        imprisonment imposed by the court, subject  to  paragraph
27        (c) of this Section; and
28             (4)  the  offender  shall  be awarded credit against
29        the aggregate maximum term and the aggregate minimum term
30        of imprisonment for all time  served  in  an  institution
31        since  the commission of the offense or offenses and as a
32        consequence thereof at  the  rate  specified  in  Section
33        3-6-3 of this Code.
34        (f)  A   sentence   of   an  offender  committed  to  the
 
                            -5-                LRB9207982RCcd
 1    Department of Corrections at the time of  the  commission  of
 2    the offense shall be served consecutive to the sentence under
 3    which  he  is held by the Department of Corrections. However,
 4    in case such offender shall be  sentenced  to  punishment  by
 5    death,  the  sentence  shall  be executed at such time as the
 6    court may fix without regard to the sentence under which such
 7    offender may be held by the Department.
 8        (g)  A  sentence  under  Section  3-6-4  for  escape   or
 9    attempted  escape  shall  be  served consecutive to the terms
10    under which  the  offender  is  held  by  the  Department  of
11    Corrections.
12        (h)  If a person charged with a felony commits a separate
13    felony while on pre-trial release or in pretrial detention in
14    a  county  jail  facility  or  county detention facility, the
15    sentences imposed upon conviction of these felonies shall  be
16    served  consecutively  regardless  of  the order in which the
17    judgments of conviction are entered.
18        (i)  If a person admitted to bail following conviction of
19    a felony commits a separate felony while free on bond or if a
20    person detained in a county jail facility or county detention
21    facility following conviction of a felony commits a  separate
22    felony  while in detention, any sentence following conviction
23    of the separate felony shall be consecutive to  that  of  the
24    original  sentence  for  which  the  defendant was on bond or
25    detained.
26    (Source: P.A. 90-128,  eff.  7-22-97;  91-144,  eff.  1-1-00;
27    91-404, eff. 1-1-00; revised 9-29-99.)

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