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Public Act 093-0768
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| HB4032 Enrolled |
LRB093 14225 RLC 40084 b |
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 5-8-4 as follows:
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(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
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Sec. 5-8-4. Concurrent and Consecutive Terms of |
Imprisonment.
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(a) When multiple sentences of imprisonment are imposed on |
a
defendant at the same time, or when a term of imprisonment is
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imposed on a defendant who is already subject to sentence in
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this State or in another state, or for a sentence imposed by
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any district court of the United States, the sentences shall
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run concurrently or consecutively as determined by the court.
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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
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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 impose consecutive |
sentences if:
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(i) 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
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(ii) the defendant was
convicted of a violation of |
Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
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1961, or
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(iii) the defendant was convicted of armed violence |
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based upon
the predicate offense of solicitation of murder, |
solicitation of murder for
hire, heinous battery, |
aggravated battery of a senior citizen, criminal sexual
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assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control
Act, cannabis trafficking, a violation of |
subsection (a) of Section 401 of
the Illinois Controlled |
Substances Act, controlled substance trafficking
involving |
a Class X felony amount of controlled substance under |
Section 401 of
the Illinois Controlled Substances Act,
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calculated criminal drug conspiracy, or streetgang |
criminal drug
conspiracy, or
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(iv) the defendant was convicted of the offense of |
leaving the
scene of a motor vehicle accident involving |
death or personal
injuries under Section 11-401 and either: |
(A) aggravated driving under the
influence of alcohol, |
other drug or drugs, or intoxicating compound
or compounds, |
or any combination thereof under Section 11-501 of
the |
Illinois Vehicle Code, or (B) reckless homicide under |
Section 9-3 of
the Criminal Code of 1961, or both an |
offense described in subdivision (A) and
an offense |
described in subdivision (B), or |
(v) the defendant was convicted of a violation of |
Section 9-3.1 (concealment of homicidal death) or Section |
12-20.5 (dismembering a human body) of the Criminal Code of |
1961,
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in which event the
court shall enter sentences to run |
consecutively. Sentences shall
run concurrently unless |
otherwise specified by the court.
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(b) Except in cases where consecutive sentences are |
mandated, the court
shall impose concurrent sentences unless,
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having regard to the nature and circumstances of the offense
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and the history and character of the defendant, it is of the
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opinion that consecutive sentences are required to
protect the |
public
from further criminal conduct by the defendant, the |
basis for
which the court shall set forth in the record.
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(c) (1) For sentences imposed under law in effect prior to
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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
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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.
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(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
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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.
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(d) An offender serving a sentence for a misdemeanor who is
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convicted of a felony and sentenced to imprisonment shall be
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transferred to the Department of Corrections, and the
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misdemeanor sentence shall be merged in and run concurrently
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with the felony sentence.
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(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:
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(1) the maximum period of a term of imprisonment shall
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consist of the aggregate of the maximums of the imposed
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indeterminate terms, if any, plus the aggregate of the
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imposed determinate sentences for felonies plus
the |
aggregate of the imposed determinate sentences for |
misdemeanors
subject to paragraph (c) of this Section;
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(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;
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(3) the minimum period of imprisonment shall be the
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aggregate of the minimum and determinate periods of |
imprisonment
imposed by the court, subject to paragraph (c) |
of this Section; and
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(4) the offender shall be awarded credit against the
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aggregate maximum term and the aggregate minimum term of
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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.
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(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.
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(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.
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(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
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judgments of conviction are entered.
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(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 |