State of Illinois
91st General Assembly
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Public Act 91-0144

SB398 Enrolled                                 LRB9100334RCks

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Section 5-8-4.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Section 5-8-4 as follows:

    (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
    Sec.  5-8-4.   Concurrent  and   Consecutive   Terms   of
Imprisonment.
    (a)  When  multiple sentences of imprisonment are imposed
on  a  defendant  at  the  same  time,  or  when  a  term  of
imprisonment is imposed on a defendant who is already subject
to sentence in this State or  in  another  state,  or  for  a
sentence  imposed by any district court of the United States,
the sentences shall  run  concurrently  or  consecutively  as
determined  by  the  court.  When  a  term of imprisonment is
imposed on a defendant by an Illinois circuit court  and  the
defendant is subsequently sentenced to a term of imprisonment
by another state or by a district court of the United States,
the  Illinois  circuit  court  which imposed the sentence may
order that the Illinois sentence be made concurrent with  the
sentence  imposed by the other state or district court of the
United States. The defendant must apply to the circuit  court
within  30 days after the defendant's sentence imposed by the
other state or district of the United  States  is  finalized.
The court shall not impose consecutive sentences for offenses
which  were  committed  as part of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, unless, one of the offenses for which
defendant was convicted was first degree murder or a Class  X
or  Class  1 felony and the defendant inflicted severe bodily
injury, or where the defendant was convicted of  a  violation
of  Section  12-13, 12-14, or 12-14.1 of the Criminal Code of
1961, in which event the court shall enter sentences  to  run
consecutively.   Sentences   shall  run  concurrently  unless
otherwise specified by the court.
    (b)  The court shall not impose  a  consecutive  sentence
except  as  provided  for  in  subsection  (a) unless, having
regard to the nature and circumstances of the offense and the
history and character of the defendant, it is of the  opinion
that  such  a  term  is  required  to protect the public from
further criminal conduct by  the  defendant,  the  basis  for
which the court shall set forth in the record; except that no
such  finding  or opinion is required when multiple sentences
of imprisonment are imposed on a defendant for offenses  that
were  not  committed  as  part  of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, and one of the offenses for which the
defendant was convicted was first degree murder or a Class  X
or  Class  1 felony and the defendant inflicted severe bodily
injury, or when the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1  of  the  Criminal  Code  of
1961,  in  which event the Court shall enter sentences to run
consecutively.
    (c) (1)  For sentences imposed under law in effect  prior
    to  February 1, 1978 the aggregate maximum of consecutive
    sentences shall not exceed the  maximum  term  authorized
    under  Section  5-8-1  for  the  2  most serious felonies
    involved.  The aggregate minimum  period  of  consecutive
    sentences  shall  not  exceed  the  highest  minimum term
    authorized under Section 5-8-1 for  the  2  most  serious
    felonies  involved. When sentenced only for misdemeanors,
    a defendant shall not be consecutively sentenced to  more
    than the maximum for one Class A misdemeanor.
         (2)  For  sentences  imposed under the law in effect
    on  or  after  February  1,  1978,   the   aggregate   of
    consecutive sentences for offenses that were committed as
    part of a single course of conduct during which there was
    no  substantial  change  in  the  nature  of the criminal
    objective shall not exceed the sum of the  maximum  terms
    authorized  under  Section  5-8-2  for the 2 most serious
    felonies involved, but no such limitation shall apply for
    offenses that were not committed  as  part  of  a  single
    course  of  conduct during which there was no substantial
    change in the nature  of  the  criminal  objective.  When
    sentenced only for misdemeanors, a defendant shall not be
    consecutively  sentenced to more than the maximum for one
    Class A misdemeanor.
    (d)  An offender serving a sentence for a misdemeanor who
is convicted of a felony and sentenced to imprisonment  shall
be  transferred  to  the  Department  of Corrections, and the
misdemeanor sentence shall be merged in and run  concurrently
with the felony sentence.
    (e)  In  determining  the  manner  in  which  consecutive
sentences  of  imprisonment,  one  or  more of which is for a
felony, will be served, the Department of  Corrections  shall
treat  the  offender  as  though  he had been committed for a
single term with the following incidents:
         (1)  the maximum period of a  term  of  imprisonment
    shall  consist  of  the  aggregate of the maximums of the
    imposed indeterminate terms, if any, plus  the  aggregate
    of  the  imposed  determinate sentences for felonies plus
    the aggregate of the imposed  determinate  sentences  for
    misdemeanors subject to paragraph (c) of this Section;
         (2)  the parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-8-1 of
    this Code for the most serious of the offenses involved;
         (3)  the minimum period of imprisonment shall be the
    aggregate  of  the  minimum  and  determinate  periods of
    imprisonment imposed by the court, subject  to  paragraph
    (c) of this Section; and
         (4)  the  offender  shall  be awarded credit against
    the aggregate maximum term and the aggregate minimum term
    of imprisonment for all time  served  in  an  institution
    since  the commission of the offense or offenses and as a
    consequence thereof at  the  rate  specified  in  Section
    3-6-3 of this Code.
    (f)  A   sentence   of   an  offender  committed  to  the
Department of Corrections at the time of  the  commission  of
the offense shall be served consecutive to the sentence under
which  he  is held by the Department of Corrections. However,
in case such offender shall be  sentenced  to  punishment  by
death,  the  sentence  shall  be executed at such time as the
court may fix without regard to the sentence under which such
offender may be held by the Department.
    (g)  A  sentence  under  Section  3-6-4  for  escape   or
attempted  escape  shall  be  served consecutive to the terms
under which  the  offender  is  held  by  the  Department  of
Corrections.
    (h)  If a person charged with a felony commits a separate
felony while on pre-trial release or in pretrial detention in
a  county  jail  facility  or  county detention facility, the
sentences imposed upon conviction of these felonies shall  be
served  consecutively  regardless  of  the order in which the
judgments of conviction are entered.
    (i)  If a person admitted to bail following conviction of
a felony commits a separate felony while free on bond or if a
person detained in a county jail facility or county detention
facility following conviction of a felony commits a  separate
felony  while in detention, any sentence following conviction
of the separate felony shall be consecutive to  that  of  the
original  sentence  for  which  the  defendant was on bond or
detained.
(Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
90-128, eff. 7-22-97.)

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