Illinois General Assembly - Full Text of HB2562
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Full Text of HB2562  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Elaine Nekritz


730 ILCS 5/5-8-4  from Ch. 38, par. 1005-8-4

    Amends the Unified Code of Corrections. Provides that mandatory consecutive sentencing does not apply to a violation of a condition of electronic home monitoring under the Electronic Monitoring and Home Detention Law.

LRB100 09560 RLC 19726 b





HB2562LRB100 09560 RLC 19726 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing 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
9    (a) Concurrent terms; multiple or additional sentences.
10When an Illinois court (i) imposes multiple sentences of
11imprisonment on a defendant at the same time or (ii) imposes a
12sentence of imprisonment on a defendant who is already subject
13to a sentence of imprisonment imposed by an Illinois court, a
14court of another state, or a federal court, then the sentences
15shall run concurrently unless otherwise determined by the
16Illinois court under this Section.
17    (b) Concurrent terms; misdemeanor and felony. A defendant
18serving a sentence for a misdemeanor who is convicted of a
19felony and sentenced to imprisonment shall be transferred to
20the Department of Corrections, and the misdemeanor sentence
21shall be merged in and run concurrently with the felony
23    (c) Consecutive terms; permissive. The court may impose



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1consecutive sentences in any of the following circumstances:
2        (1) If, having regard to the nature and circumstances
3    of the offense and the history and character of the
4    defendant, it is the opinion of the court that consecutive
5    sentences are required to protect the public from further
6    criminal conduct by the defendant, the basis for which the
7    court shall set forth in the record.
8        (2) If one of the offenses for which a defendant was
9    convicted was a violation of Section 32-5.2 (aggravated
10    false personation of a peace officer) of the Criminal Code
11    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
12    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
13    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
14    offense was committed in attempting or committing a
15    forcible felony.
16    (d) Consecutive terms; mandatory. The court shall impose
17consecutive sentences in each of the following circumstances:
18        (1) One of the offenses for which the defendant was
19    convicted was first degree murder or a Class X or Class 1
20    felony and the defendant inflicted severe bodily injury.
21        (2) The defendant was convicted of a violation of
22    Section 11-1.20 or 12-13 (criminal sexual assault),
23    11-1.30 or 12-14 (aggravated criminal sexual assault), or
24    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
25    child) of the Criminal Code of 1961 or the Criminal Code of
26    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,



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1    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
2    5/12-14.1).
3        (2.5) The defendant was convicted of a violation of
4    paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)
5    of Section 11-20.1 (child pornography) or of paragraph (1),
6    (2), (3), (4), (5), or (7) of subsection (a) of Section
7    11-20.1B or 11-20.3 (aggravated child pornography) of the
8    Criminal Code of 1961 or the Criminal Code of 2012; or the
9    defendant was convicted of a violation of paragraph (6) of
10    subsection (a) of Section 11-20.1 (child pornography) or of
11    paragraph (6) of subsection (a) of Section 11-20.1B or
12    11-20.3 (aggravated child pornography) of the Criminal
13    Code of 1961 or the Criminal Code of 2012, when the child
14    depicted is under the age of 13.
15        (3) The defendant was convicted of armed violence based
16    upon the predicate offense of any of the following:
17    solicitation of murder, solicitation of murder for hire,
18    heinous battery as described in Section 12-4.1 or
19    subdivision (a)(2) of Section 12-3.05, aggravated battery
20    of a senior citizen as described in Section 12-4.6 or
21    subdivision (a)(4) of Section 12-3.05, criminal sexual
22    assault, a violation of subsection (g) of Section 5 of the
23    Cannabis Control Act (720 ILCS 550/5), cannabis
24    trafficking, a violation of subsection (a) of Section 401
25    of the Illinois Controlled Substances Act (720 ILCS
26    570/401), controlled substance trafficking involving a



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1    Class X felony amount of controlled substance under Section
2    401 of the Illinois Controlled Substances Act (720 ILCS
3    570/401), a violation of the Methamphetamine Control and
4    Community Protection Act (720 ILCS 646/), calculated
5    criminal drug conspiracy, or streetgang criminal drug
6    conspiracy.
7        (4) The defendant was convicted of the offense of
8    leaving the scene of a motor vehicle accident involving
9    death or personal injuries under Section 11-401 of the
10    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or
13    any combination thereof under Section 11-501 of the
14    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
15    homicide under Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
17    offense described in item (A) and an offense described in
18    item (B).
19        (5) The defendant was convicted of a violation of
20    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
21    death) or Section 12-20.5 (dismembering a human body) of
22    the Criminal Code of 1961 or the Criminal Code of 2012 (720
23    ILCS 5/9-3.1 or 5/12-20.5).
24        (5.5) The defendant was convicted of a violation of
25    Section 24-3.7 (use of a stolen firearm in the commission
26    of an offense) of the Criminal Code of 1961 or the Criminal



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1    Code of 2012.
2        (6) If the defendant was in the custody of the
3    Department of Corrections at the time of the commission of
4    the offense, the sentence shall be served consecutive to
5    the sentence under which the defendant is held by the
6    Department of Corrections. If, however, the defendant is
7    sentenced to punishment by death, the sentence shall be
8    executed at such time as the court may fix without regard
9    to the sentence under which the defendant may be held by
10    the Department.
11        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
12    for escape or attempted escape shall be served consecutive
13    to the terms under which the offender is held by the
14    Department of Corrections.
15        (8) If a person charged with a felony commits a
16    separate felony while on pretrial release or in pretrial
17    detention in a county jail facility or county detention
18    facility, then the sentences imposed upon conviction of
19    these felonies shall be served consecutively regardless of
20    the order in which the judgments of conviction are entered.
21    Mandatory consecutive sentencing under this paragraph (8)
22    does not apply to a violation of a condition of electronic
23    home monitoring under Section 5-8A-4.1 of this Code.
24        (8.5) If a person commits a battery against a county
25    correctional officer or sheriff's employee while serving a
26    sentence or in pretrial detention in a county jail



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1    facility, then the sentence imposed upon conviction of the
2    battery shall be served consecutively with the sentence
3    imposed upon conviction of the earlier misdemeanor or
4    felony, regardless of the order in which the judgments of
5    conviction are entered.
6        (9) If a person admitted to bail following conviction
7    of a felony commits a separate felony while free on bond or
8    if a person detained in a county jail facility or county
9    detention facility following conviction of a felony
10    commits a separate felony while in detention, then any
11    sentence following conviction of the separate felony shall
12    be consecutive to that of the original sentence for which
13    the defendant was on bond or detained. Mandatory
14    consecutive sentencing under this paragraph (9) does not
15    apply to a violation of a condition of electronic home
16    monitoring under Section 5-8A-4.1 of this Code.
17        (10) If a person is found to be in possession of an
18    item of contraband, as defined in Section 31A-0.1 of the
19    Criminal Code of 2012, while serving a sentence in a county
20    jail or while in pre-trial detention in a county jail, the
21    sentence imposed upon conviction for the offense of
22    possessing contraband in a penal institution shall be
23    served consecutively to the sentence imposed for the
24    offense in which the person is serving sentence in the
25    county jail or serving pretrial detention, regardless of
26    the order in which the judgments of conviction are entered.



HB2562- 7 -LRB100 09560 RLC 19726 b

1        (11) If a person is sentenced for a violation of bail
2    bond under Section 32-10 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, any sentence imposed for that
4    violation shall be served consecutive to the sentence
5    imposed for the charge for which bail had been granted and
6    with respect to which the defendant has been convicted.
7    (e) Consecutive terms; subsequent non-Illinois term. If an
8Illinois court has imposed a sentence of imprisonment on a
9defendant and the defendant is subsequently sentenced to a term
10of imprisonment by a court of another state or a federal court,
11then the Illinois sentence shall run consecutively to the
12sentence imposed by the court of the other state or the federal
13court. That same Illinois court, however, may order that the
14Illinois sentence run concurrently with the sentence imposed by
15the court of the other state or the federal court, but only if
16the defendant applies to that same Illinois court within 30
17days after the sentence imposed by the court of the other state
18or the federal court is finalized.
19    (f) Consecutive terms; aggregate maximums and minimums.
20The aggregate maximum and aggregate minimum of consecutive
21sentences shall be determined as follows:
22        (1) For sentences imposed under law in effect prior to
23    February 1, 1978, the aggregate maximum of consecutive
24    sentences shall not exceed the maximum term authorized
25    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
26    Chapter V for the 2 most serious felonies involved. The



HB2562- 8 -LRB100 09560 RLC 19726 b

1    aggregate minimum period of consecutive sentences shall
2    not exceed the highest minimum term authorized under
3    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
4    V for the 2 most serious felonies involved. When sentenced
5    only for misdemeanors, a defendant shall not be
6    consecutively sentenced to more than the maximum for one
7    Class A misdemeanor.
8        (2) For sentences imposed under the law in effect on or
9    after February 1, 1978, the aggregate of consecutive
10    sentences for offenses that were committed as part of a
11    single course of conduct during which there was no
12    substantial change in the nature of the criminal objective
13    shall not exceed the sum of the maximum terms authorized
14    under Article 4.5 of Chapter V for the 2 most serious
15    felonies involved, but no such limitation shall apply for
16    offenses that were not committed as part of a single course
17    of conduct during which there was no substantial change in
18    the nature of the criminal objective. When sentenced only
19    for misdemeanors, a defendant shall not be consecutively
20    sentenced to more than the maximum for one Class A
21    misdemeanor.
22    (g) Consecutive terms; manner served. In determining the
23manner in which consecutive sentences of imprisonment, one or
24more of which is for a felony, will be served, the Department
25of Corrections shall treat the defendant as though he or she
26had been committed for a single term subject to each of the



HB2562- 9 -LRB100 09560 RLC 19726 b

2        (1) The maximum period of a term of imprisonment shall
3    consist of the aggregate of the maximums of the imposed
4    indeterminate terms, if any, plus the aggregate of the
5    imposed determinate sentences for felonies, plus the
6    aggregate of the imposed determinate sentences for
7    misdemeanors, subject to subsection (f) of this Section.
8        (2) The parole or mandatory supervised release term
9    shall be as provided in paragraph (e) of Section 5-4.5-50
10    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
11    involved.
12        (3) The minimum period of imprisonment shall be the
13    aggregate of the minimum and determinate periods of
14    imprisonment imposed by the court, subject to subsection
15    (f) of this Section.
16        (4) The defendant shall be awarded credit against the
17    aggregate maximum term and the aggregate minimum term of
18    imprisonment for all time served in an institution since
19    the commission of the offense or offenses and as a
20    consequence thereof at the rate specified in Section 3-6-3
21    (730 ILCS 5/3-6-3).
22(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
2397-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.