093_HB1280

 
                                     LRB093 04127 RLC 04167 b

 1        AN ACT in relation to criminal law.

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

 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
10    on  a  defendant  at  the  same  time,  or  when  a  term  of
11    imprisonment is imposed on a defendant who is already subject
12    to  sentence  in  this  State  or  in another state, or for a
13    sentence imposed by any district court of the United  States,
14    the  sentences  shall  run  concurrently  or consecutively as
15    determined by the court.  When  a  term  of  imprisonment  is
16    imposed  on  a defendant by an Illinois circuit court and the
17    defendant is subsequently sentenced to a term of imprisonment
18    by another state or by a district court of the United States,
19    the Illinois circuit court which  imposed  the  sentence  may
20    order  that the Illinois sentence be made concurrent with the
21    sentence imposed by the other state or district court of  the
22    United  States. The defendant must apply to the circuit court
23    within 30 days after the defendant's sentence imposed by  the
24    other  state  or  district of the United States is finalized.
25    The court shall  not  impose  consecutive  sentences  if  for
26    offenses  which  were committed as part of a single course of
27    conduct during which there was no substantial change  in  the
28    nature of the criminal objective, unless:
29             (i)  one  of  the  offenses  for which defendant was
30        convicted was first degree murder or a Class X or Class 1
31        felony and the defendant inflicted severe bodily  injury,
 
                            -2-      LRB093 04127 RLC 04167 b
 1        or
 2             (ii)  the  defendant was convicted of a violation of
 3        Section 12-13, 12-14, or 12-14.1 of the Criminal Code  of
 4        1961, or
 5             (iii)  the defendant was convicted of armed violence
 6        based  upon  the  predicate  offense  of  solicitation of
 7        murder, solicitation of murder for hire, heinous battery,
 8        aggravated battery of a senior citizen,  criminal  sexual
 9        assault,  a  violation of subsection (g) of  Section 5 of
10        the  Cannabis  Control  Act,  cannabis   trafficking,   a
11        violation  of  subsection  (a)  of  Section  401  of  the
12        Illinois  Controlled Substances Act, controlled substance
13        trafficking  involving  a  Class  X  felony   amount   of
14        controlled  substance  under  Section 401 of the Illinois
15        Controlled  Substances  Act,  calculated  criminal   drug
16        conspiracy, or streetgang criminal drug conspiracy, or
17             (iv)  the  defendant was convicted of the offense of
18        leaving the scene of a motor vehicle  accident  involving
19        death  or  personal  injuries  under  Section  11-401 and
20        either: (A) aggravated driving  under  the  influence  of
21        alcohol, other drug or drugs, or intoxicating compound or
22        compounds,  or  any  combination  thereof  under  Section
23        11-501  of  the  Illinois  Vehicle  Code, or (B) reckless
24        homicide under Section 9-3 of the Criminal Code of  1961,
25        or  both  an  offense described in subdivision (A) and an
26        offense described in subdivision (B),
27    in which  event  the  court  shall  enter  sentences  to  run
28    consecutively.   Sentences   shall  run  concurrently  unless
29    otherwise specified by the court.
30        (b)  Except in  cases  where  consecutive  sentences  are
31    mandated,  the  court  shall  impose concurrent sentences The
32    court shall not  impose  a  consecutive  sentence  except  as
33    provided  for  in subsection (a) unless, having regard to the
34    nature and circumstances of the offense and the  history  and
 
                            -3-      LRB093 04127 RLC 04167 b
 1    character  of  the  defendant,  it  is  of  the  opinion that
 2    consecutive sentences are such a term is required to  protect
 3    the  public  from  further criminal conduct by the defendant,
 4    the basis for which the court shall set forth in the  record;
 5    except  that  no  such  finding  or  opinion is required when
 6    multiple sentences of imprisonment are imposed on a defendant
 7    for offenses that were not committed  as  part  of  a  single
 8    course  of  conduct  during  which  there  was no substantial
 9    change in the nature of the criminal objective,  and  one  of
10    the  offenses for which the defendant was convicted was first
11    degree murder or  a  Class  X  or  Class  1  felony  and  the
12    defendant   inflicted  severe  bodily  injury,  or  when  the
13    defendant was convicted of  a  violation  of  Section  12-13,
14    12-14,  or 12-14.1 of the Criminal Code of 1961, or where the
15    defendant was convicted of  armed  violence  based  upon  the
16    predicate  offense of solicitation of murder, solicitation of
17    murder for hire, heinous battery,  aggravated  battery  of  a
18    senior  citizen,  criminal  sexual  assault,  a  violation of
19    subsection (g) of Section 5  of  the  Cannabis  Control  Act,
20    cannabis  trafficking,  a  violation  of  subsection  (a)  of
21    Section  401  of  the  Illinois  Controlled  Substances  Act,
22    controlled  substance  trafficking involving a Class X felony
23    amount of controlled  substance  under  Section  401  of  the
24    Illinois  Controlled Substances Act, calculated criminal drug
25    conspiracy, or streetgang criminal drug  conspiracy,  or  the
26    defendant  was  convicted of the offense of leaving the scene
27    of a motor  vehicle  accident  involving  death  or  personal
28    injuries  under  Section  11-401  and  either: (A) aggravated
29    driving under the influence of alcohol, other drug or  drugs,
30    or  intoxicating  compound  or  compounds, or any combination
31    thereof under Section 11-501 of the Illinois Vehicle Code, or
32    (B) reckless homicide under Section 9-3 of the Criminal  Code
33    of  1961, or both an offense described in subdivision (A) and
34    an offense described in subdivision (B), in which  event  the
 
                            -4-      LRB093 04127 RLC 04167 b
 1    Court shall enter sentences to run consecutively.
 2        (c) (1)  For  sentences imposed under law in effect prior
 3        to February 1, 1978 the aggregate maximum of  consecutive
 4        sentences  shall  not  exceed the maximum term authorized
 5        under Section 5-8-1  for  the  2  most  serious  felonies
 6        involved.   The  aggregate  minimum period of consecutive
 7        sentences shall  not  exceed  the  highest  minimum  term
 8        authorized  under  Section  5-8-1  for the 2 most serious
 9        felonies involved. When sentenced only for  misdemeanors,
10        a  defendant shall not be consecutively sentenced to more
11        than the maximum for one Class A misdemeanor.
12             (2)  For sentences imposed under the law  in  effect
13        on   or   after   February  1,  1978,  the  aggregate  of
14        consecutive sentences for offenses that were committed as
15        part of a single course of conduct during which there was
16        no substantial change  in  the  nature  of  the  criminal
17        objective  shall  not exceed the sum of the maximum terms
18        authorized under Section 5-8-2 for  the  2  most  serious
19        felonies involved, but no such limitation shall apply for
20        offenses  that  were  not  committed  as part of a single
21        course of conduct during which there was  no  substantial
22        change  in  the  nature  of  the criminal objective. When
23        sentenced only for misdemeanors, a defendant shall not be
24        consecutively sentenced to more than the maximum for  one
25        Class A misdemeanor.
26        (d)  An offender serving a sentence for a misdemeanor who
27    is  convicted of a felony and sentenced to imprisonment shall
28    be transferred to the  Department  of  Corrections,  and  the
29    misdemeanor  sentence shall be merged in and run concurrently
30    with the felony sentence.
31        (e)  In  determining  the  manner  in  which  consecutive
32    sentences of imprisonment, one or more  of  which  is  for  a
33    felony,  will  be served, the Department of Corrections shall
34    treat the offender as though he  had  been  committed  for  a
 
                            -5-      LRB093 04127 RLC 04167 b
 1    single term with the following incidents:
 2             (1)  the  maximum  period  of a term of imprisonment
 3        shall consist of the aggregate of  the  maximums  of  the
 4        imposed  indeterminate  terms, if any, plus the aggregate
 5        of the imposed determinate sentences  for  felonies  plus
 6        the  aggregate  of  the imposed determinate sentences for
 7        misdemeanors subject to paragraph (c) of this Section;
 8             (2)  the parole or mandatory supervised release term
 9        shall be as provided in paragraph (e) of Section 5-8-1 of
10        this Code for the most serious of the offenses involved;
11             (3)  the minimum period of imprisonment shall be the
12        aggregate of  the  minimum  and  determinate  periods  of
13        imprisonment  imposed  by the court, subject to paragraph
14        (c) of this Section; and
15             (4)  the offender shall be  awarded  credit  against
16        the aggregate maximum term and the aggregate minimum term
17        of  imprisonment  for  all  time served in an institution
18        since the commission of the offense or offenses and as  a
19        consequence  thereof  at  the  rate  specified in Section
20        3-6-3 of this Code.
21        (f)  A  sentence  of  an  offender   committed   to   the
22    Department  of  Corrections  at the time of the commission of
23    the offense shall be served consecutive to the sentence under
24    which he is held by the Department of  Corrections.  However,
25    in  case  such  offender  shall be sentenced to punishment by
26    death, the sentence shall be executed at  such  time  as  the
27    court may fix without regard to the sentence under which such
28    offender may be held by the Department.
29        (g)  A   sentence  under  Section  3-6-4  for  escape  or
30    attempted escape shall be served  consecutive  to  the  terms
31    under  which  the  offender  is  held  by  the  Department of
32    Corrections.
33        (h)  If a person charged with a felony commits a separate
34    felony while on pre-trial release or in pretrial detention in
 
                            -6-      LRB093 04127 RLC 04167 b
 1    a county jail facility  or  county  detention  facility,  the
 2    sentences  imposed upon conviction of these felonies shall be
 3    served consecutively regardless of the  order  in  which  the
 4    judgments of conviction are entered.
 5        (i)  If a person admitted to bail following conviction of
 6    a felony commits a separate felony while free on bond or if a
 7    person detained in a county jail facility or county detention
 8    facility  following conviction of a felony commits a separate
 9    felony while in detention, any sentence following  conviction
10    of  the  separate  felony shall be consecutive to that of the
11    original sentence for which the  defendant  was  on  bond  or
12    detained.
13    (Source:  P.A.  91-144,  eff.  1-1-00;  91-404,  eff. 1-1-00;
14    92-16, eff. 6-28-01; 92-674, eff. 1-1-03.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.