Sen. John J. Cullerton

Filed: 2/25/2004

 

 


 

 


 
09300SB2654sam001 LRB093 18592 RLC 48127 a

1
AMENDMENT TO SENATE BILL 2654

2     AMENDMENT NO. ______. Amend Senate Bill 2654 by replacing
3 everything after the enacting clause with the following:
 
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 on
10 a defendant at the same time, or when a term of imprisonment is
11 imposed on a defendant who is already subject to sentence in
12 this State or in another state, or for a sentence imposed by
13 any district court of the United States, or for sentences
14 imposed under Section 5-750 of the Juvenile Court Act of 1987
15 for commitment to the Department of Corrections, Juvenile
16 Division, the sentences shall run concurrently or
17 consecutively as determined by the court. When a term of
18 imprisonment is imposed on a defendant by an Illinois circuit
19 court and the defendant is subsequently sentenced to a term of
20 imprisonment by another state or by a district court of the
21 United States, the Illinois circuit court which imposed the
22 sentence may order that the Illinois sentence be made
23 concurrent with the sentence imposed by the other state or
24 district court of the United States. The defendant must apply

 

 

09300SB2654sam001 - 2 - LRB093 18592 RLC 48127 a

1 to the circuit court within 30 days after the defendant's
2 sentence imposed by the other state or district of the United
3 States is finalized. The court shall impose consecutive
4 sentences if:
5         (i) one of the offenses for which defendant was
6 convicted was first degree murder or a Class X or Class 1
7 felony and the defendant inflicted severe bodily injury, or
8         (ii) the defendant was convicted of a violation of
9 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
10 1961, or
11         (iii) the defendant was convicted of armed violence
12 based upon the predicate offense of solicitation of murder,
13 solicitation of murder for hire, heinous battery,
14 aggravated battery of a senior citizen, criminal sexual
15 assault, a violation of subsection (g) of Section 5 of the
16 Cannabis Control Act, cannabis trafficking, a violation of
17 subsection (a) of Section 401 of the Illinois Controlled
18 Substances Act, controlled substance trafficking involving
19 a Class X felony amount of controlled substance under
20 Section 401 of the Illinois Controlled Substances Act,
21 calculated criminal drug conspiracy, or streetgang
22 criminal drug conspiracy, or
23         (iv) the defendant was convicted of the offense of
24 leaving the scene of a motor vehicle accident involving
25 death or personal injuries under Section 11-401 and either:
26 (A) aggravated driving under the influence of alcohol,
27 other drug or drugs, or intoxicating compound or compounds,
28 or any combination thereof under Section 11-501 of the
29 Illinois Vehicle Code, or (B) reckless homicide under
30 Section 9-3 of the Criminal Code of 1961, or both an
31 offense described in subdivision (A) and an offense
32 described in subdivision (B),
33 in which event the court shall enter sentences to run
34 consecutively. Sentences shall run concurrently unless

 

 

09300SB2654sam001 - 3 - LRB093 18592 RLC 48127 a

1 otherwise specified by the court.
2     (b) Except in cases where consecutive sentences are
3 mandated, the court shall impose concurrent sentences unless,
4 having regard to the nature and circumstances of the offense
5 and the history and character of the defendant, it is of the
6 opinion that consecutive sentences are required to protect the
7 public from further criminal conduct by the defendant, the
8 basis for which the court shall set forth in the record.
9     (c) (1) For sentences imposed under law in effect prior to
10 February 1, 1978 the aggregate maximum of consecutive
11 sentences shall not exceed the maximum term authorized
12 under Section 5-8-1 for the 2 most serious felonies
13 involved. The aggregate minimum period of consecutive
14 sentences shall not exceed the highest minimum term
15 authorized under Section 5-8-1 for the 2 most serious
16 felonies involved. When sentenced only for misdemeanors, a
17 defendant shall not be consecutively sentenced to more than
18 the maximum for one Class A misdemeanor.
19         (2) For sentences imposed under the law in effect on or
20 after February 1, 1978, the aggregate of consecutive
21 sentences for offenses that were committed as part of a
22 single course of conduct during which there was no
23 substantial change in the nature of the criminal objective
24 shall not exceed the sum of the maximum terms authorized
25 under Section 5-8-2 for the 2 most serious felonies
26 involved, but no such limitation shall apply for offenses
27 that were not committed as part of a single course of
28 conduct during which there was no substantial change in the
29 nature of the criminal objective. When sentenced only for
30 misdemeanors, a defendant shall not be consecutively
31 sentenced to more than the maximum for one Class A
32 misdemeanor.
33     (d) An offender serving a sentence for a misdemeanor who is
34 convicted of a felony and sentenced to imprisonment shall be

 

 

09300SB2654sam001 - 4 - LRB093 18592 RLC 48127 a

1 transferred to the Department of Corrections, and the
2 misdemeanor sentence shall be merged in and run concurrently
3 with the felony sentence.
4     (e) In determining the manner in which consecutive
5 sentences of imprisonment, one or more of which is for a
6 felony, will be served, the Department of Corrections shall
7 treat the offender as though he had been committed for a single
8 term with the following incidents:
9         (1) the maximum period of a term of imprisonment shall
10 consist of the aggregate of the maximums of the imposed
11 indeterminate terms, if any, plus the aggregate of the
12 imposed determinate sentences for felonies plus the
13 aggregate of the imposed determinate sentences for
14 misdemeanors subject to paragraph (c) of this Section;
15         (2) the parole or mandatory supervised release term
16 shall be as provided in paragraph (e) of Section 5-8-1 of
17 this Code for the most serious of the offenses involved;
18         (3) the minimum period of imprisonment shall be the
19 aggregate of the minimum and determinate periods of
20 imprisonment imposed by the court, subject to paragraph (c)
21 of this Section; and
22         (4) the offender shall be awarded credit against the
23 aggregate maximum term and the aggregate minimum term of
24 imprisonment for all time served in an institution since
25 the commission of the offense or offenses and as a
26 consequence thereof at the rate specified in Section 3-6-3
27 of this Code.
28     (f) A sentence of an offender committed to the Department
29 of Corrections at the time of the commission of the offense
30 shall be served consecutive to the sentence under which he is
31 held by the Department of Corrections. However, in case such
32 offender shall be sentenced to punishment by death, the
33 sentence shall be executed at such time as the court may fix
34 without regard to the sentence under which such offender may be

 

 

09300SB2654sam001 - 5 - LRB093 18592 RLC 48127 a

1 held by the Department.
2     (g) A sentence under Section 3-6-4 for escape or attempted
3 escape shall be served consecutive to the terms under which the
4 offender is held by the Department of Corrections.
5     (h) If a person charged with a felony commits a separate
6 felony while on pre-trial release or in pretrial detention in a
7 county jail facility or county detention facility, the
8 sentences imposed upon conviction of these felonies shall be
9 served consecutively regardless of the order in which the
10 judgments of conviction are entered.
11     (i) If a person admitted to bail following conviction of a
12 felony commits a separate felony while free on bond or if a
13 person detained in a county jail facility or county detention
14 facility following conviction of a felony commits a separate
15 felony while in detention, any sentence following conviction of
16 the separate felony shall be consecutive to that of the
17 original sentence for which the defendant was on bond or
18 detained.
19 (Source: P.A. 92-16, eff. 6-28-01; 92-674, eff. 1-1-03; 93-160,
20 eff. 7-10-03.)".