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91_HB0031eng HB0031 Engrossed LRB9100380RCcd 1 AN ACT in relation to criminal law, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 12-4.2, 24-1, and 24-1.2 as follows: 6 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) 7 Sec. 12-4.2. Aggravated Battery with a firearm. 8 (a) A person commits aggravated battery with a firearm 9 when he, in committing a battery, knowingly or intentionally 10 by means of the discharging of a firearm (1) causes any 11 injury to another person, or (2) causes any injury to a 12 person he knows to be a peace officer, a community policing 13 volunteer, a correctional institution employee or a fireman 14 while the officer, volunteer, employee or fireman is engaged 15 in the execution of any of his official duties, or to prevent 16 the officer, volunteer, employee or fireman from performing 17 his official duties, or in retaliation for the officer, 18 volunteer, employee or fireman performing his official 19 duties, or (3) causes any injury to a person he knows to be 20 an emergency medical technician - ambulance, emergency 21 medical technician - intermediate, emergency medical 22 technician - paramedic, ambulance driver, or other medical 23 assistance or first aid personnel, employed by a municipality 24 or other governmental unit, while the emergency medical 25 technician - ambulance, emergency medical technician - 26 intermediate, emergency medical technician - paramedic, 27 ambulance driver, or other medical assistance or first aid 28 personnel is engaged in the execution of any of his official 29 duties, or to prevent the emergency medical technician - 30 ambulance, emergency medical technician - intermediate, 31 emergency medical technician - paramedic, ambulance driver, HB0031 Engrossed -2- LRB9100380RCcd 1 or other medical assistance or first aid personnel from 2 performing his official duties, or in retaliation for the 3 emergency medical technician - ambulance, emergency medical 4 technician - intermediate, emergency medical technician - 5 paramedic, ambulance driver, or other medical assistance or 6 first aid personnel performing his official duties. 7 (a-5) A person commits aggravated battery with a firearm 8 when the person, in committing another felony, knowingly or 9 intentionally by means of the discharging of a firearm causes 10 great bodily harm or permanent disability or disfigurement to 11 another person. 12 (b) A violation of subsection (a) (1) of this Section is 13 a Class X felony. A violation of subsection (a) (2) or 14 subsection (a) (3) of this Section is a Class X felony for 15 which the sentence shall be a term of imprisonment of no less 16 than 15 years and no more than 60 years. A violation of 17 subsection (a-5) of this Section is a Class X felony for 18 which the offender, in addition and consecutive to the 19 penalty imposed for the other felony, shall be sentenced to a 20 term of imprisonment of not less than 25 years and not more 21 than natural life imprisonment. Nothing in this Section 22 shall be interpreted to prohibit the imposition of a death 23 sentence upon an offender who is convicted of and sentenced 24 to death for first degree murder. 25 (c) For purposes of this Section, "firearm" is defined 26 as in the Firearm Owners Identification Card Act."An Act27relating to the acquisition, possession and transfer of28firearms and firearm ammunition, to provide a penalty for the29violation thereof and to make an appropriation in connection30therewith", approved August 1, 1967, as amended.31 (Source: P.A. 90-651, eff. 1-1-99.) 32 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) 33 Sec. 24-1. Unlawful Use of Weapons. HB0031 Engrossed -3- LRB9100380RCcd 1 (a) A person commits the offense of unlawful use of 2 weapons when he knowingly: 3 (1) Sells, manufactures, purchases, possesses or 4 carries any bludgeon, black-jack, slung-shot, sand-club, 5 sand-bag, metal knuckles, throwing star, or any knife, 6 commonly referred to as a switchblade knife, which has a 7 blade that opens automatically by hand pressure applied 8 to a button, spring or other device in the handle of the 9 knife, or a ballistic knife, which is a device that 10 propels a knifelike blade as a projectile by means of a 11 coil spring, elastic material or compressed gas; or 12 (2) Carries or possesses with intent to use the 13 same unlawfully against another, a dagger, dirk, billy, 14 dangerous knife, razor, stiletto, broken bottle or other 15 piece of glass, stun gun or taser or any other dangerous 16 or deadly weapon or instrument of like character; or 17 (3) Carries on or about his person or in any 18 vehicle, a tear gas gun projector or bomb or any object 19 containing noxious liquid gas or substance, other than an 20 object containing a non-lethal noxious liquid gas or 21 substance designed solely for personal defense carried by 22 a person 18 years of age or older; or 23 (4) Carries or possesses in any vehicle or 24 concealed on or about his person except when on his land 25 or in his own abode or fixed place of business any 26 pistol, revolver, stun gun or taser or other firearm; or 27 (5) Sets a spring gun; or 28 (6) Possesses any device or attachment of any kind 29 designed, used or intended for use in silencing the 30 report of any firearm; or 31 (7) Sells, manufactures, purchases, possesses or 32 carries: 33 (i) a machine gun, which shall be defined for 34 the purposes of this subsection as any weapon, which HB0031 Engrossed -4- LRB9100380RCcd 1 shoots, is designed to shoot, or can be readily 2 restored to shoot, automatically more than one shot 3 without manually reloading by a single function of 4 the trigger, including the frame or receiver of any 5 such weapon, or sells, manufactures, purchases, 6 possesses, or carries any combination of parts 7 designed or intended for use in converting any 8 weapon into a machine gun, or any combination or 9 parts from which a machine gun can be assembled if 10 such parts are in the possession or under the 11 control of a person; 12 (ii) any rifle having one or more barrels less 13 than 16 inches in length or a shotgun having one or 14 more barrels less than 18 inches in length or any 15 weapon made from a rifle or shotgun, whether by 16 alteration, modification, or otherwise, if such a 17 weapon as modified has an overall length of less 18 than 26 inches; or 19 (iii) any bomb, bomb-shell, grenade, bottle or 20 other container containing an explosive substance of 21 over one-quarter ounce for like purposes, such as, 22 but not limited to, black powder bombs and Molotov 23 cocktails or artillery projectiles; or 24 (8) Carries or possesses any firearm, stun gun or 25 taser or other deadly weapon in any place which is 26 licensed to sell intoxicating beverages, or at any public 27 gathering held pursuant to a license issued by any 28 governmental body or any public gathering at which an 29 admission is charged, excluding a place where a showing, 30 demonstration or lecture involving the exhibition of 31 unloaded firearms is conducted; or 32 (9) Carries or possesses in a vehicle or on or 33 about his person any pistol, revolver, stun gun or taser 34 or firearm or ballistic knife, when he is hooded, robed HB0031 Engrossed -5- LRB9100380RCcd 1 or masked in such manner as to conceal his identity; or 2 (10) Carries or possesses on or about his person, 3 upon any public street, alley, or other public lands 4 within the corporate limits of a city, village or 5 incorporated town, except when an invitee thereon or 6 therein, for the purpose of the display of such weapon or 7 the lawful commerce in weapons, or except when on his 8 land or in his own abode or fixed place of business, any 9 pistol, revolver, stun gun or taser or other firearm. 10 A "stun gun or taser", as used in this paragraph (a) 11 means (i) any device which is powered by electrical 12 charging units, such as, batteries, and which fires one 13 or several barbs attached to a length of wire and which, 14 upon hitting a human, can send out a current capable of 15 disrupting the person's nervous system in such a manner 16 as to render him incapable of normal functioning or (ii) 17 any device which is powered by electrical charging units, 18 such as batteries, and which, upon contact with a human 19 or clothing worn by a human, can send out current capable 20 of disrupting the person's nervous system in such a 21 manner as to render him incapable of normal functioning; 22 or 23 (11) Sells, manufactures or purchases any explosive 24 bullet. For purposes of this paragraph (a) "explosive 25 bullet" means the projectile portion of an ammunition 26 cartridge which contains or carries an explosive charge 27 which will explode upon contact with the flesh of a human 28 or an animal. "Cartridge" means a tubular metal case 29 having a projectile affixed at the front thereof and a 30 cap or primer at the rear end thereof, with the 31 propellant contained in such tube between the projectile 32 and the cap; or 33 (12) (Blank); or.34 (12.5) Carries or possesses a firearm while HB0031 Engrossed -6- LRB9100380RCcd 1 committing another felony. 2 (b) Sentence. A person convicted of a violation of 3 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5), 4 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a 5 Class A misdemeanor. A person convicted of a violation of 6 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a 7 Class 4 felony; a person convicted of a violation of 8 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a 9 Class 3 felony. A person convicted of a violation of 10 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the 11 weapon is possessed in the passenger compartment of a motor 12 vehicle as defined in Section 1-146 of the Illinois Vehicle 13 Code, or on the person, while the weapon is loaded, in which 14 case it shall be a Class X felony. A person convicted of a 15 violation of subsection 24-1(a)(12.5) commits a Class X 16 felony for which the offender, in addition and consecutive to 17 the penalty imposed for the other felony, shall be sentenced 18 to a minimum term of imprisonment of 15 years. A person 19 convicted of a second or subsequent violation of subsection 20 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 21 felony. 22 (c) Violations in specific places. 23 (1) A person who violates subsection 24-1(a)(6) or 24 24-1(a)(7) in any school, regardless of the time of day 25 or the time of year, in residential property owned, 26 operated and managed by a public housing agency, in a 27 public park, in a courthouse, on the real property 28 comprising any school, regardless of the time of day or 29 the time of year, on residential property owned, 30 operated and managed by a public housing agency, on the 31 real property comprising any public park, on the real 32 property comprising any courthouse, in any conveyance 33 owned, leased or contracted by a school to transport 34 students to or from school or a school related activity, HB0031 Engrossed -7- LRB9100380RCcd 1 or on any public way within 1,000 feet of the real 2 property comprising any school, public park, courthouse, 3 or residential property owned, operated, and managed by a 4 public housing agency commits a Class 2 felony. 5 (1.5) A person who violates subsection 24-1(a)(4), 6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 7 the time of day or the time of year, in residential 8 property owned, operated, and managed by a public housing 9 agency, in a public park, in a courthouse, on the real 10 property comprising any school, regardless of the time of 11 day or the time of year, on residential property owned, 12 operated, and managed by a public housing agency, on the 13 real property comprising any public park, on the real 14 property comprising any courthouse, in any conveyance 15 owned, leased, or contracted by a school to transport 16 students to or from school or a school related activity, 17 or on any public way within 1,000 feet of the real 18 property comprising any school, public park, courthouse, 19 or residential property owned, operated, and managed by a 20 public housing agency commits a Class 3 felony. 21 (2) A person who violates subsection 24-1(a)(1), 22 24-1(a)(2), or 24-1(a)(3) in any school, regardless of 23 the time of day or the time of year, in residential 24 property owned, operated and managed by a public housing 25 agency, in a public park, in a courthouse, on the real 26 property comprising any school, regardless of the time of 27 day or the time of year, on residential property owned, 28 operated and managed by a public housing agency, on the 29 real property comprising any public park, on the real 30 property comprising any courthouse, in any conveyance 31 owned, leased or contracted by a school to transport 32 students to or from school or a school related activity, 33 or on any public way within 1,000 feet of the real 34 property comprising any school, public park, courthouse, HB0031 Engrossed -8- LRB9100380RCcd 1 or residential property owned, operated, and managed by a 2 public housing agency commits a Class 4 felony. 3 "Courthouse" means any building that is used by the 4 Circuit, Appellate, or Supreme Court of this State for 5 the conduct of official business. 6 (3) Paragraphs (1), (1.5), and (2) of this 7 subsection (c) shall not apply to law enforcement 8 officers or security officers of such school, college, or 9 university or to students carrying or possessing firearms 10 for use in training courses, parades, hunting, target 11 shooting on school ranges, or otherwise with the consent 12 of school authorities and which firearms are transported 13 unloaded enclosed in a suitable case, box, or 14 transportation package. 15 (4) For the purposes of this subsection (c), 16 "school" means any public or private elementary or 17 secondary school, community college, college, or 18 university. 19 (d) The presence in an automobile other than a public 20 omnibus of any weapon, instrument or substance referred to in 21 subsection (a)(7) is prima facie evidence that it is in the 22 possession of, and is being carried by, all persons occupying 23 such automobile at the time such weapon, instrument or 24 substance is found, except under the following circumstances: 25 (i) if such weapon, instrument or instrumentality is found 26 upon the person of one of the occupants therein; or (ii) if 27 such weapon, instrument or substance is found in an 28 automobile operated for hire by a duly licensed driver in the 29 due, lawful and proper pursuit of his trade, then such 30 presumption shall not apply to the driver. 31 (e) Exemptions. Crossbows, Common or Compound bows and 32 Underwater Spearguns are exempted from the definition of 33 ballistic knife as defined in paragraph (1) of subsection (a) 34 of this Section. HB0031 Engrossed -9- LRB9100380RCcd 1 (Source: P.A. 90-686, eff. 1-1-99.) 2 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2) 3 Sec. 24-1.2. Aggravated discharge of a firearm. 4 (a) A person commits aggravated discharge of a firearm 5 when he knowingly or intentionally: 6 (1) Discharges a firearm at or into a building he 7 knows to be occupied and the firearm is discharged from a 8 place or position outside that building; 9 (2) Discharges a firearm in the direction of 10 another person or in the direction of a vehicle he knows 11 to be occupied; 12 (3) Discharges a firearm in the direction of a 13 person he knows to be a peace officer, a community 14 policing volunteer, a correctional institution employee, 15 or a fireman while the officer, volunteer, employee or 16 fireman is engaged in the execution of any of his 17 official duties, or to prevent the officer, volunteer, 18 employee or fireman from performing his official duties, 19 or in retaliation for the officer, volunteer, employee or 20 fireman performing his official duties; 21 (4) Discharges a firearm in the direction of a 22 vehicle he knows to be occupied by a peace officer, a 23 person summoned or directed by a peace officer, a 24 correctional institution employee or a fireman while the 25 officer, employee or fireman is engaged in the execution 26 of any of his official duties, or to prevent the officer, 27 employee or fireman from performing his official duties, 28 or in retaliation for the officer, employee or fireman 29 performing his official duties; 30 (5) Discharges a firearm in the direction of a 31 person he knows to be an emergency medical technician - 32 ambulance, emergency medical technician - intermediate, 33 emergency medical technician - paramedic, ambulance HB0031 Engrossed -10- LRB9100380RCcd 1 driver, or other medical assistance or first aid 2 personnel, employed by a municipality or other 3 governmental unit, while the emergency medical technician 4 - ambulance, emergency medical technician - intermediate, 5 emergency medical technician - paramedic, ambulance 6 driver, or other medical assistance or first aid 7 personnel is engaged in the execution of any of his 8 official duties, or to prevent the emergency medical 9 technician - ambulance, emergency medical technician - 10 intermediate, emergency medical technician - paramedic, 11 ambulance driver, or other medical assistance or first 12 aid personnel from performing his official duties, or in 13 retaliation for the emergency medical technician - 14 ambulance, emergency medical technician - intermediate, 15 emergency medical technician - paramedic, ambulance 16 driver, or other medical assistance or first aid 17 personnel performing his official duties; or 18 (6) Discharges a firearm in the direction of a 19 vehicle he knows to be occupied by an emergency medical 20 technician - ambulance, emergency medical technician - 21 intermediate, emergency medical technician - paramedic,, 22 ambulance driver, or other medical assistance or first 23 aid personnel, employed by a municipality or other 24 governmental unit, while the emergency medical technician 25 - ambulance, emergency medical technician - intermediate, 26 emergency medical technician - paramedic, ambulance 27 driver, or other medical assistance or first aid 28 personnel is engaged in the execution of any of his 29 official duties, or to prevent the emergency medical 30 technician - ambulance, emergency medical technician - 31 intermediate, emergency medical technician - paramedic, 32 ambulance driver, or other medical assistance or first 33 aid personnel from performing his official duties, or in 34 retaliation for the emergency medical technician - HB0031 Engrossed -11- LRB9100380RCcd 1 ambulance, emergency medical technician - intermediate, 2 emergency medical technician - paramedic, ambulance 3 driver, or other medical assistance or first aid 4 personnel performing his official duties; or.5 (7) Discharges a firearm while committing another 6 felony. 7 (b) A violation of subsection (a) (1) or subsection 8 (a) (2) of this Section is a Class 1 felony. A violation of 9 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this 10 Section is a Class X felony for which the sentence shall be a 11 term of imprisonment of no less than 10 years and not more 12 than 45 years. A violation of subsection (a)(7) of this 13 Section is a Class X felony for which the sentence shall be a 14 term of imprisonment of 20 years. This sentence shall be 15 imposed in addition and consecutive to the penalty imposed 16 for the other felony committed by the offender while 17 discharging the firearm. 18 (Source: P.A. 90-651, eff. 1-1-99.) 19 Section 10. The Unified Code of Corrections is amended 20 by changing Sections 3-6-3, 5-4-1, and 5-8-4 as follows: 21 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 22 Sec. 3-6-3. Rules and Regulations for Early Release. 23 (a)(1) The Department of Corrections shall 24 prescribe rules and regulations for the early release on 25 account of good conduct of persons committed to the 26 Department which shall be subject to review by the 27 Prisoner Review Board. 28 (2) The rules and regulations on early release 29 shall provide, with respect to offenses committed on or 30 after June 19, 1998the effective date of this amendatory31Act of 1998, the following: 32 (i) that a prisoner who is serving a term of HB0031 Engrossed -12- LRB9100380RCcd 1 imprisonment for first degree murder shall receive 2 no good conduct credit and shall serve the entire 3 sentence imposed by the court; 4 (ii) that a prisoner serving a sentence for 5 attempt to commit first degree murder, solicitation 6 of murder, solicitation of murder for hire, 7 intentional homicide of an unborn child, predatory 8 criminal sexual assault of a child, aggravated 9 criminal sexual assault, criminal sexual assault, 10 aggravated kidnapping, aggravated battery with a 11 firearm, heinous battery, aggravated battery of a 12 senior citizen, or aggravated battery of a child 13 shall receive no more than 4.5 days of good conduct 14 credit for each month of his or her sentence of 15 imprisonment; and 16 (iii) that a prisoner serving a sentence for 17 home invasion, armed robbery, aggravated vehicular 18 hijacking, aggravated discharge of a firearm, or 19 armed violence with a category I weapon or category 20 II weapon, when the court has made and entered a 21 finding, pursuant to subsection (c-1) of Section 22 5-4-1 of this Code, that the conduct leading to 23 conviction for the enumerated offense resulted in 24 great bodily harm to a victim, shall receive no more 25 than 4.5 days of good conduct credit for each month 26 of his or her sentence of imprisonment. 27 (2.1) For all offenses, other than those enumerated 28 in subdivision (a)(2) committed on or after June 19, 1998 29the effective date of this amendatory Act of 1998, and 30 other than the offense of reckless homicide as defined in 31 subsection (e) of Section 9-3 of the Criminal Code of 32 1961 committed on or after January 1, 1999, and other 33 than those enumerated in subdivision (a)(2.4) committed 34 on or after the effective date of this amendatory Act of HB0031 Engrossed -13- LRB9100380RCcd 1 1999, the rules and regulations shall provide that a 2 prisoner who is serving a term of imprisonment shall 3 receive one day of good conduct credit for each day of 4 his or her sentence of imprisonment or recommitment under 5 Section 3-3-9. Each day of good conduct credit shall 6 reduce by one day the prisoner's period of imprisonment 7 or recommitment under Section 3-3-9. 8 (2.2) A prisoner serving a term of natural life 9 imprisonment or a prisoner who has been sentenced to 10 death shall receive no good conduct credit. 11 (2.3) The rules and regulations on early release 12 shall provide that a prisoner who is serving a sentence 13 for reckless homicide as defined in subsection (e) of 14 Section 9-3 of the Criminal Code of 1961 committed on or 15 after January 1, 1999 shall receive no more than 4.5 days 16 of good conduct credit for each month of his or her 17 sentence of imprisonment. 18 (2.4) The rules and regulations on early release 19 shall provide that a prisoner serving a sentence for a 20 violation of subsection (a-5) of Section 12-4.2, 21 paragraph (12.5) of subsection (a) of Section 24-1, or 22 paragraph (7) of subsection (a) of Section 24-1.2 of the 23 Criminal Code of 1961 committed on or after the effective 24 date of this amendatory Act of 1999 shall receive no more 25 than 4.5 days of good conduct credit for each month of 26 his or her sentence of imprisonment. 27 (3) The rules and regulations shall also provide 28 that the Director may award up to 180 days additional 29 good conduct credit for meritorious service in specific 30 instances as the Director deems proper; except that no 31 more than 90 days of good conduct credit for meritorious 32 service shall be awarded to any prisoner who is serving a 33 sentence for conviction of first degree murder, reckless 34 homicide while under the influence of alcohol or any HB0031 Engrossed -14- LRB9100380RCcd 1 other drug, aggravated kidnapping, kidnapping, predatory 2 criminal sexual assault of a child, aggravated criminal 3 sexual assault, criminal sexual assault, deviate sexual 4 assault, aggravated criminal sexual abuse, aggravated 5 indecent liberties with a child, indecent liberties with 6 a child, child pornography, heinous battery, aggravated 7 battery of a spouse, aggravated battery of a spouse with 8 a firearm, stalking, aggravated stalking, aggravated 9 battery of a child, endangering the life or health of a 10 child, cruelty to a child, or narcotic racketeering. 11 Notwithstanding the foregoing, good conduct credit for 12 meritorious service shall not be awarded on a sentence of 13 imprisonment imposed for conviction of: (i) one of the 14 offenses enumerated in subdivision (a)(2) when the 15 offense is committed on or after June 19, 1998, (ii) 16 reckless homicide as defined in subsection (e) of Section 17 9-3 of the Criminal Code of 1961 committed on or after 18 January 1, 1999, or (iii) one of the offenses enumerated 19 in subdivision (a)(2.4) committed on or after the 20 effective date of this amendatory Act of 1999the21effective date of this amendatory Act of 1998. 22 (4) The rules and regulations shall also provide 23 that the good conduct credit accumulated and retained 24 under paragraph (2.1) of subsection (a) of this Section 25 by any inmate during specific periods of time in which 26 such inmate is engaged full-time in substance abuse 27 programs, correctional industry assignments, or 28 educational programs provided by the Department under 29 this paragraph (4) and satisfactorily completes the 30 assigned program as determined by the standards of the 31 Department, shall be multiplied by a factor of 1.25 for 32 program participation before August 11, 1993 and 1.50 for 33 program participation on or after that date. However, no 34 inmate shall be eligible for the additional good conduct HB0031 Engrossed -15- LRB9100380RCcd 1 credit under this paragraph (4) while assigned to a boot 2 camp, mental health unit, or electronic detention, or if 3 convicted of an offense enumerated in paragraph (a)(2) of 4 this Section that is committed on or after June 19, 1998 5the effective date of this amendatory Act of 1998, or if 6 convicted of reckless homicide as defined in subsection 7 (e) of Section 9-3 of the Criminal Code of 1961 committed 8 on or after January 1, 1999, or if convicted of an 9 offense enumerated in subdivision (a)(2.4) committed on 10 or after the effective date of this amendatory Act of 11 1999, or first degree murder, a Class X felony, criminal 12 sexual assault, felony criminal sexual abuse, aggravated 13 criminal sexual abuse, aggravated battery with a firearm, 14 or any predecessor or successor offenses with the same or 15 substantially the same elements, or any inchoate offenses 16 relating to the foregoing offenses. No inmate shall be 17 eligible for the additional good conduct credit under 18 this paragraph (4) who (i) has previously received 19 increased good conduct credit under this paragraph (4) 20 and has subsequently been convicted of a felony, or (ii) 21 has previously served more than one prior sentence of 22 imprisonment for a felony in an adult correctional 23 facility. 24 Educational, vocational, substance abuse and 25 correctional industry programs under which good conduct 26 credit may be increased under this paragraph (4) shall be 27 evaluated by the Department on the basis of documented 28 standards. The Department shall report the results of 29 these evaluations to the Governor and the General 30 Assembly by September 30th of each year. The reports 31 shall include data relating to the recidivism rate among 32 program participants. 33 Availability of these programs shall be subject to 34 the limits of fiscal resources appropriated by the HB0031 Engrossed -16- LRB9100380RCcd 1 General Assembly for these purposes. Eligible inmates 2 who are denied immediate admission shall be placed on a 3 waiting list under criteria established by the 4 Department. The inability of any inmate to become engaged 5 in any such programs by reason of insufficient program 6 resources or for any other reason established under the 7 rules and regulations of the Department shall not be 8 deemed a cause of action under which the Department or 9 any employee or agent of the Department shall be liable 10 for damages to the inmate. 11 (5) Whenever the Department is to release any 12 inmate earlier than it otherwise would because of a grant 13 of good conduct credit for meritorious service given at 14 any time during the term, the Department shall give 15 reasonable advance notice of the impending release to the 16 State's Attorney of the county where the prosecution of 17 the inmate took place. 18 (b) Whenever a person is or has been committed under 19 several convictions, with separate sentences, the sentences 20 shall be construed under Section 5-8-4 in granting and 21 forfeiting of good time. 22 (c) The Department shall prescribe rules and regulations 23 for revoking good conduct credit, or suspending or reducing 24 the rate of accumulation of good conduct credit for specific 25 rule violations, during imprisonment. These rules and 26 regulations shall provide that no inmate may be penalized 27 more than one year of good conduct credit for any one 28 infraction. 29 When the Department seeks to revoke, suspend or reduce 30 the rate of accumulation of any good conduct credits for an 31 alleged infraction of its rules, it shall bring charges 32 therefor against the prisoner sought to be so deprived of 33 good conduct credits before the Prisoner Review Board as 34 provided in subparagraph (a)(4) of Section 3-3-2 of this HB0031 Engrossed -17- LRB9100380RCcd 1 Code, if the amount of credit at issue exceeds 30 days or 2 when during any 12 month period, the cumulative amount of 3 credit revoked exceeds 30 days except where the infraction is 4 committed or discovered within 60 days of scheduled release. 5 In those cases, the Department of Corrections may revoke up 6 to 30 days of good conduct credit. The Board may subsequently 7 approve the revocation of additional good conduct credit, if 8 the Department seeks to revoke good conduct credit in excess 9 of 30 days. However, the Board shall not be empowered to 10 review the Department's decision with respect to the loss of 11 30 days of good conduct credit within any calendar year for 12 any prisoner or to increase any penalty beyond the length 13 requested by the Department. 14 The Director of the Department of Corrections, in 15 appropriate cases, may restore up to 30 days good conduct 16 credits which have been revoked, suspended or reduced. Any 17 restoration of good conduct credits in excess of 30 days 18 shall be subject to review by the Prisoner Review Board. 19 However, the Board may not restore good conduct credit in 20 excess of the amount requested by the Director. 21 Nothing contained in this Section shall prohibit the 22 Prisoner Review Board from ordering, pursuant to Section 23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 24 the sentence imposed by the court that was not served due to 25 the accumulation of good conduct credit. 26 (d) If a lawsuit is filed by a prisoner in an Illinois 27 or federal court against the State, the Department of 28 Corrections, or the Prisoner Review Board, or against any of 29 their officers or employees, and the court makes a specific 30 finding that a pleading, motion, or other paper filed by the 31 prisoner is frivolous, the Department of Corrections shall 32 conduct a hearing to revoke up to 180 days of good conduct 33 credit by bringing charges against the prisoner sought to be 34 deprived of the good conduct credits before the Prisoner HB0031 Engrossed -18- LRB9100380RCcd 1 Review Board as provided in subparagraph (a)(8) of Section 2 3-3-2 of this Code. If the prisoner has not accumulated 180 3 days of good conduct credit at the time of the finding, then 4 the Prisoner Review Board may revoke all good conduct credit 5 accumulated by the prisoner. 6 For purposes of this subsection (d): 7 (1) "Frivolous" means that a pleading, motion, or 8 other filing which purports to be a legal document filed 9 by a prisoner in his or her lawsuit meets any or all of 10 the following criteria: 11 (A) it lacks an arguable basis either in law 12 or in fact; 13 (B) it is being presented for any improper 14 purpose, such as to harass or to cause unnecessary 15 delay or needless increase in the cost of 16 litigation; 17 (C) the claims, defenses, and other legal 18 contentions therein are not warranted by existing 19 law or by a nonfrivolous argument for the extension, 20 modification, or reversal of existing law or the 21 establishment of new law; 22 (D) the allegations and other factual 23 contentions do not have evidentiary support or, if 24 specifically so identified, are not likely to have 25 evidentiary support after a reasonable opportunity 26 for further investigation or discovery; or 27 (E) the denials of factual contentions are not 28 warranted on the evidence, or if specifically so 29 identified, are not reasonably based on a lack of 30 information or belief. 31 (2) "Lawsuit" means a petition for post-conviction 32 relief under Article 122 of the Code of Criminal 33 Procedure of 1963, a motion pursuant to Section 116-3 of 34 the Code of Criminal Procedure of 1963, a habeas corpus HB0031 Engrossed -19- LRB9100380RCcd 1 action under Article X of the Code of Civil Procedure or 2 under federal law (28 U.S.C. 2254), a petition for claim 3 under the Court of Claims Act or an action under the 4 federal Civil Rights Act (42 U.S.C. 1983). 5 (e) Nothing in this amendatory Act of 1998 affects the 6 validity of Public Act 89-404.and other than the offense of7reckless homicide as defined in subsection (e) of Section 9-38of the Criminal Code of 1961 committed on or after the9effective date of this amendatory Act of 1998, (2.3) The10rules and regulations on early release shall provide that a11prisoner who is serving sentence for reckless homicide as12defined in subsection (e) of Section 9-3 of the Criminal Code13of 1961 committed on or after the effective date of this14amendatory Act of 1998 shall receive no more than 4.5 days of15good conduct credit for each month of his or her sentence of16imprisonment.: (i) or (ii) reckless homicide as defined in17subsection (e) of Section 9-3 of the Criminal Code of 196118when the offense is committed on or after the effective date19of this amendatory Act of 1998 or if convicted of reckless20homicide as defined in subsection (e) of Section 9-3 of the21Criminal Code of 1961 if the offense is committed on or after22the effective date of this amendatory Act of 1998,23 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 24 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.) 25 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 26 Sec. 5-4-1. Sentencing Hearing. 27 (a) Except when the death penalty is sought under 28 hearing procedures otherwise specified, after a determination 29 of guilt, a hearing shall be held to impose the sentence. 30 However, prior to the imposition of sentence on an individual 31 being sentenced for an offense based upon a charge for a 32 violation of Section 11-501 of the Illinois Vehicle Code or a 33 similar provision of a local ordinance, the individual must HB0031 Engrossed -20- LRB9100380RCcd 1 undergo a professional evaluation to determine if an alcohol 2 or other drug abuse problem exists and the extent of such a 3 problem. Programs conducting these evaluations shall be 4 licensed by the Department of Human Services. However, if 5 the individual is not a resident of Illinois, the court may, 6 in its discretion, accept an evaluation from a program in the 7 state of such individual's residence. The court may in its 8 sentencing order approve an eligible defendant for placement 9 in a Department of Corrections impact incarceration program 10 as provided in Section 5-8-1.1. At the hearing the court 11 shall: 12 (1) consider the evidence, if any, received upon 13 the trial; 14 (2) consider any presentence reports; 15 (3) consider the financial impact of incarceration 16 based on the financial impact statement filed with the 17 clerk of the court by the Department of Corrections; 18 (4) consider evidence and information offered by 19 the parties in aggravation and mitigation; 20 (5) hear arguments as to sentencing alternatives; 21 (6) afford the defendant the opportunity to make a 22 statement in his own behalf; 23 (7) afford the victim of a violent crime or a 24 violation of Section 11-501 of the Illinois Vehicle Code, 25 or a similar provision of a local ordinance, committed by 26 the defendant the opportunity to make a statement 27 concerning the impact on the victim and to offer evidence 28 in aggravation or mitigation; provided that the statement 29 and evidence offered in aggravation or mitigation must 30 first be prepared in writing in conjunction with the 31 State's Attorney before it may be presented orally at the 32 hearing. Any sworn testimony offered by the victim is 33 subject to the defendant's right to cross-examine. All 34 statements and evidence offered under this paragraph (7) HB0031 Engrossed -21- LRB9100380RCcd 1 shall become part of the record of the court; and 2 (8) in cases of reckless homicide afford the 3 victim's spouse, guardians, parents or other immediate 4 family members an opportunity to make oral statements. 5 (b) All sentences shall be imposed by the judge based 6 upon his independent assessment of the elements specified 7 above and any agreement as to sentence reached by the 8 parties. The judge who presided at the trial or the judge 9 who accepted the plea of guilty shall impose the sentence 10 unless he is no longer sitting as a judge in that court. 11 Where the judge does not impose sentence at the same time on 12 all defendants who are convicted as a result of being 13 involved in the same offense, the defendant or the State's 14 Attorney may advise the sentencing court of the disposition 15 of any other defendants who have been sentenced. 16 (c) In imposing a sentence for a violent crime or for an 17 offense of operating or being in physical control of a 18 vehicle while under the influence of alcohol, any other drug 19 or any combination thereof, or a similar provision of a local 20 ordinance, when such offense resulted in the personal injury 21 to someone other than the defendant, the trial judge shall 22 specify on the record the particular evidence, information, 23 factors in mitigation and aggravation or other reasons that 24 led to his sentencing determination. The full verbatim record 25 of the sentencing hearing shall be filed with the clerk of 26 the court and shall be a public record. 27 (c-1) In imposing a sentence for the offense of 28 aggravated kidnapping for ransom, home invasion, armed 29 robbery, aggravated vehicular hijacking, aggravated discharge 30 of a firearm, or armed violence with a category I weapon or 31 category II weapon, the trial judge shall make a finding as 32 to whether the conduct leading to conviction for the offense 33 resulted in great bodily harm to a victim, and shall enter 34 that finding and the basis for that finding in the record. HB0031 Engrossed -22- LRB9100380RCcd 1 (c-2) If the defendant is sentenced to prison, other 2 than when a sentence of natural life imprisonment or a 3 sentence of death is imposed, at the time the sentence is 4 imposed the judge shall state on the record in open court the 5 approximate period of time the defendant will serve in 6 custody according to the then current statutory rules and 7 regulations for early release found in Section 3-6-3 and 8 other related provisions of this Code. This statement is 9 intended solely to inform the public, has no legal effect on 10 the defendant's actual release, and may not be relied on by 11 the defendant on appeal. 12 The judge's statement, to be given after pronouncing the 13 sentence, other than when the sentence is imposed for one of 14 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 15 shall include the following: 16 "The purpose of this statement is to inform the public of 17 the actual period of time this defendant is likely to spend 18 in prison as a result of this sentence. The actual period of 19 prison time served is determined by the statutes of Illinois 20 as applied to this sentence by the Illinois Department of 21 Corrections and the Illinois Prisoner Review Board. In this 22 case, assuming the defendant receives all of his or her good 23 conduct credit, the period of estimated actual custody is ... 24 years and ... months, less up to 180 days additional good 25 conduct credit for meritorious service. If the defendant, 26 because of his or her own misconduct or failure to comply 27 with the institutional regulations, does not receive those 28 credits, the actual time served in prison will be longer. 29 The defendant may also receive an additional one-half day 30 good conduct credit for each day of participation in 31 vocational, industry, substance abuse, and educational 32 programs as provided for by Illinois statute." 33 When the sentence is imposed for one of the offenses 34 enumerated in paragraph (a)(3) of Section 3-6-3, other than HB0031 Engrossed -23- LRB9100380RCcd 1 when the sentence is imposed for one of the offenses 2 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 3 or after June 19, 1998the effective date of this amendatory4Act of 1998, and other than when the sentence is imposed for 5 reckless homicide as defined in subsection (e) of Section 9-3 6 of the Criminal Code of 1961 committed on or after January 1, 7 1999, and other than when the sentence is imposed for one of 8 the offenses enumerated in paragraph (a)(2.4) of Section 9 3-6-3 committed on or after the effective date of this 10 amendatory Act of 1999, the judge's statement, to be given 11 after pronouncing the sentence, shall include the following: 12 "The purpose of this statement is to inform the public of 13 the actual period of time this defendant is likely to spend 14 in prison as a result of this sentence. The actual period of 15 prison time served is determined by the statutes of Illinois 16 as applied to this sentence by the Illinois Department of 17 Corrections and the Illinois Prisoner Review Board. In this 18 case, assuming the defendant receives all of his or her good 19 conduct credit, the period of estimated actual custody is ... 20 years and ... months, less up to 90 days additional good 21 conduct credit for meritorious service. If the defendant, 22 because of his or her own misconduct or failure to comply 23 with the institutional regulations, does not receive those 24 credits, the actual time served in prison will be longer. 25 The defendant may also receive an additional one-half day 26 good conduct credit for each day of participation in 27 vocational, industry, substance abuse, and educational 28 programs as provided for by Illinois statute." 29 When the sentence is imposed for one of the offenses 30 enumerated in paragraph (a)(2) of Section 3-6-3, other than 31 first degree murder, and the offense was committed on or 32 after June 19, 1998the effective date of this amendatory Act33of 1998, and when the sentence is imposed for reckless 34 homicide as defined in subsection (e) of Section 9-3 of the HB0031 Engrossed -24- LRB9100380RCcd 1 Criminal Code of 1961 committed on or after January 1, 1999, 2 and when the sentence is imposed for one of the offenses 3 enumerated in paragraph (a)(2.4) of Section 3-6-3 committed 4 on or after the effective date of this amendatory Act of 5 1999, the judge's statement, to be given after pronouncing 6 the sentence, shall include the following: 7 "The purpose of this statement is to inform the public of 8 the actual period of time this defendant is likely to spend 9 in prison as a result of this sentence. The actual period of 10 prison time served is determined by the statutes of Illinois 11 as applied to this sentence by the Illinois Department of 12 Corrections and the Illinois Prisoner Review Board. In this 13 case, the defendant is entitled to no more than 4 1/2 days of 14 good conduct credit for each month of his or her sentence of 15 imprisonment. Therefore, this defendant will serve at least 16 85% of his or her sentence. Assuming the defendant receives 17 4 1/2 days credit for each month of his or her sentence, the 18 period of estimated actual custody is ... years and ... 19 months. If the defendant, because of his or her own 20 misconduct or failure to comply with the institutional 21 regulations receives lesser credit, the actual time served in 22 prison will be longer." 23 When a sentence of imprisonment is imposed for first 24 degree murder and the offense was committed on or after June 25 19, 1998the effective date of this amendatory Act of 1998, 26 the judge's statement, to be given after pronouncing the 27 sentence, shall include the following: 28 "The purpose of this statement is to inform the public of 29 the actual period of time this defendant is likely to spend 30 in prison as a result of this sentence. The actual period of 31 prison time served is determined by the statutes of Illinois 32 as applied to this sentence by the Illinois Department of 33 Corrections and the Illinois Prisoner Review Board. In this 34 case, the defendant is not entitled to good conduct credit. HB0031 Engrossed -25- LRB9100380RCcd 1 Therefore, this defendant will serve 100% of his or her 2 sentence." 3 (d) When the defendant is committed to the Department of 4 Corrections, the State's Attorney shall and counsel for the 5 defendant may file a statement with the clerk of the court to 6 be transmitted to the department, agency or institution to 7 which the defendant is committed to furnish such department, 8 agency or institution with the facts and circumstances of the 9 offense for which the person was committed together with all 10 other factual information accessible to them in regard to the 11 person prior to his commitment relative to his habits, 12 associates, disposition and reputation and any other facts 13 and circumstances which may aid such department, agency or 14 institution during its custody of such person. The clerk 15 shall within 10 days after receiving any such statements 16 transmit a copy to such department, agency or institution and 17 a copy to the other party, provided, however, that this shall 18 not be cause for delay in conveying the person to the 19 department, agency or institution to which he has been 20 committed. 21 (e) The clerk of the court shall transmit to the 22 department, agency or institution, if any, to which the 23 defendant is committed, the following: 24 (1) the sentence imposed; 25 (2) any statement by the court of the basis for 26 imposing the sentence; 27 (3) any presentence reports; 28 (4) the number of days, if any, which the defendant 29 has been in custody and for which he is entitled to 30 credit against the sentence, which information shall be 31 provided to the clerk by the sheriff; 32 (4.1) any finding of great bodily harm made by the 33 court with respect to an offense enumerated in subsection 34 (c-1); HB0031 Engrossed -26- LRB9100380RCcd 1 (5) all statements filed under subsection (d) of 2 this Section; 3 (6) any medical or mental health records or 4 summaries of the defendant; 5 (7) the municipality where the arrest of the 6 offender or the commission of the offense has occurred, 7 where such municipality has a population of more than 8 25,000 persons; 9 (8) all statements made and evidence offered under 10 paragraph (7) of subsection (a) of this Section; and 11 (9) all additional matters which the court directs 12 the clerk to transmit.and other than when the sentence13is imposed for reckless homicide as defined in subsection14(e) of Section 9-3 of the Criminal Code of 1961 if the15offense was committed on or after the effective date of16this amendatory Act of 1998, and when the sentence is17imposed for reckless homicide as defined in subsection18(e) of Section 9-3 of the Criminal Code of 1961 if the19offense was committed on or after the effective date of20this amendatory Act of 1998,21 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97; 22 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff. 23 1-1-99; revised 11-25-98.) 24 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 25 Sec. 5-8-4. Concurrent and Consecutive Terms of 26 Imprisonment. 27 (a) When multiple sentences of imprisonment are imposed 28 on a defendant at the same time, or when a term of 29 imprisonment is imposed on a defendant who is already subject 30 to sentence in this State or in another state, or for a 31 sentence imposed by any district court of the United States, 32 the sentences shall run concurrently or consecutively as 33 determined by the court. When a term of imprisonment is HB0031 Engrossed -27- LRB9100380RCcd 1 imposed on a defendant by an Illinois circuit court and the 2 defendant is subsequently sentenced to a term of imprisonment 3 by another state or by a district court of the United States, 4 the Illinois circuit court which imposed the sentence may 5 order that the Illinois sentence be made concurrent with the 6 sentence imposed by the other state or district court of the 7 United States. The defendant must apply to the circuit court 8 within 30 days after the defendant's sentence imposed by the 9 other state or district of the United States is finalized. 10 Except as otherwise provided in subsection (a-5), the court 11 shall not impose consecutive sentences for offenses which 12 were committed as part of a single course of conduct during 13 which there was no substantial change in the nature of the 14 criminal objective, unless, one of the offenses for which 15 defendant was convicted was a Class X or Class 1 felony and 16 the defendant inflicted severe bodily injury, or where the 17 defendant was convicted of a violation of Section 12-13, 18 12-14, or 12-14.1 of the Criminal Code of 1961, in which 19 event the court shall enter sentences to run consecutively. 20 Sentences shall run concurrently unless otherwise specified 21 by the court. 22 (a-5) The court shall impose consecutive sentences when 23 one of the offenses is a felony and the other offense is a 24 violation of subsection (a-5) of Section 12-4.2, paragraph 25 (12.5) of subsection (a) of Section 24-1, or paragraph (7) of 26 subsection (a) of Section 24-1.2 of the Criminal Code of 27 1961; except that the court shall not impose consecutive 28 sentences upon a defendant convicted of a combination of 29 violations of the offenses enumerated in subsection (a-5) of 30 Section 12-4.2, paragraph (12.5) of subsection (a) of Section 31 24-1, or paragraph (7) of subsection (a) of Section 24-1.2 of 32 the Criminal Code of 1961 when these combination of offenses 33 were committed as part of a single course of conduct. In 34 that case, the court shall sentence the defendant to the HB0031 Engrossed -28- LRB9100380RCcd 1 aggregate sentence for the underlying felony and the most 2 serious of the violations of subsection (a-5) of Section 3 12-4.2, paragraph (12.5) of subsection (a) of Section 24-1, 4 or paragraph (7) of subsection (a) of Section 24-1.2 of the 5 Criminal Code of 1961 committed by the defendant. 6 (b) The court shall not impose a consecutive sentence 7 except as provided for in subsection (a) or subsection (a-5) 8 unless, having regard to the nature and circumstances of the 9 offense and the history and character of the defendant, it is 10 of the opinion that such a term is required to protect the 11 public from further criminal conduct by the defendant, the 12 basis for which the court shall set forth in the record; 13 except that no such finding or opinion is required when 14 multiple sentences of imprisonment are imposed on a defendant 15 for offenses that were not committed as part of a single 16 course of conduct during which there was no substantial 17 change in the nature of the criminal objective, and one of 18 the offenses for which the defendant was convicted was a 19 Class X or Class 1 felony and the defendant inflicted severe 20 bodily injury, or when the defendant was convicted of a 21 violation of Section 12-13, 12-14, or 12-14.1 of the Criminal 22 Code of 1961, in which event the Court shall enter sentences 23 to run consecutively. 24 (c) (1) For sentences imposed under law in effect prior 25 to February 1, 1978 the aggregate maximum of consecutive 26 sentences shall not exceed the maximum term authorized 27 under Section 5-8-1 for the 2 most serious felonies 28 involved. The aggregate minimum period of consecutive 29 sentences shall not exceed the highest minimum term 30 authorized under Section 5-8-1 for the 2 most serious 31 felonies involved. When sentenced only for misdemeanors, 32 a defendant shall not be consecutively sentenced to more 33 than the maximum for one Class A misdemeanor. 34 (2) For sentences imposed under the law in effect HB0031 Engrossed -29- LRB9100380RCcd 1 on or after February 1, 1978, the aggregate of 2 consecutive sentences for offenses that were committed as 3 part of a single course of conduct during which there was 4 no substantial change in the nature of the criminal 5 objective shall not exceed the sum of the maximum terms 6 authorized under Section 5-8-2 for the 2 most serious 7 felonies involved, but no such limitation shall apply for 8 offenses that were not committed as part of a single 9 course of conduct during which there was no substantial 10 change in the nature of the criminal objective. When 11 sentenced only for misdemeanors, a defendant shall not be 12 consecutively sentenced to more than the maximum for one 13 Class A misdemeanor. 14 (d) An offender serving a sentence for a misdemeanor who 15 is convicted of a felony and sentenced to imprisonment shall 16 be transferred to the Department of Corrections, and the 17 misdemeanor sentence shall be merged in and run concurrently 18 with the felony sentence. 19 (e) In determining the manner in which consecutive 20 sentences of imprisonment, one or more of which is for a 21 felony, will be served, the Department of Corrections shall 22 treat the offender as though he had been committed for a 23 single term with the following incidents: 24 (1) the maximum period of a term of imprisonment 25 shall consist of the aggregate of the maximums of the 26 imposed indeterminate terms, if any, plus the aggregate 27 of the imposed determinate sentences for felonies plus 28 the aggregate of the imposed determinate sentences for 29 misdemeanors subject to paragraph (c) of this Section; 30 (2) the parole or mandatory supervised release term 31 shall be as provided in paragraph (e) of Section 5-8-1 of 32 this Code for the most serious of the offenses involved; 33 (3) the minimum period of imprisonment shall be the 34 aggregate of the minimum and determinate periods of HB0031 Engrossed -30- LRB9100380RCcd 1 imprisonment imposed by the court, subject to paragraph 2 (c) of this Section; and 3 (4) the offender shall be awarded credit against 4 the aggregate maximum term and the aggregate minimum term 5 of imprisonment for all time served in an institution 6 since the commission of the offense or offenses and as a 7 consequence thereof at the rate specified in Section 8 3-6-3 of this Code. 9 (f) A sentence of an offender committed to the 10 Department of Corrections at the time of the commission of 11 the offense shall be served consecutive to the sentence under 12 which he is held by the Department of Corrections. However, 13 in case such offender shall be sentenced to punishment by 14 death, the sentence shall be executed at such time as the 15 court may fix without regard to the sentence under which such 16 offender may be held by the Department. 17 (g) A sentence under Section 3-6-4 for escape or 18 attempted escape shall be served consecutive to the terms 19 under which the offender is held by the Department of 20 Corrections. 21 (h) If a person charged with a felony commits a separate 22 felony while on pre-trial release or in pretrial detention in 23 a county jail facility or county detention facility, the 24 sentences imposed upon conviction of these felonies shall be 25 served consecutively regardless of the order in which the 26 judgments of conviction are entered. 27 (i) If a person admitted to bail following conviction of 28 a felony commits a separate felony while free on bond or if a 29 person detained in a county jail facility or county detention 30 facility following conviction of a felony commits a separate 31 felony while in detention, any sentence following conviction 32 of the separate felony shall be consecutive to that of the 33 original sentence for which the defendant was on bond or 34 detained. HB0031 Engrossed -31- LRB9100380RCcd 1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 2 90-128, eff. 7-22-97.)