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| [ Introduced ] | [ House Amendment 001 ] |
92_SB1080eng SB1080 Engrossed 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, SB1080 Engrossed -2- LRB9207982RCcd 1 or 2 (ii) the defendant was convicted of a violation of 3 Section 12-13, 12-14,or12-14.1, 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 SB1080 Engrossed -3- LRB9207982RCcd 1 Section 12-13, 12-14,or12-14.1, 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 SB1080 Engrossed -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 SB1080 Engrossed -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.)