HB5082enr 95TH GENERAL ASSEMBLY



 


 
HB5082 Enrolled LRB095 18531 RLC 44617 b

1     AN ACT concerning 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 on
10 a defendant at the same time, or when a term of imprisonment is
11 imposed on a defendant who is already subject to sentence in
12 this State or in another state, or for a sentence imposed by
13 any district court of the United States, the sentences shall
14 run concurrently or consecutively as determined by the court.
15 When one of the offenses for which a defendant was convicted
16 was a violation of Section 32-5.2 of the Criminal Code of 1961
17 and the offense was committed in attempting or committing a
18 forcible felony, the court may impose consecutive sentences.
19 When a term of imprisonment is imposed on a defendant by an
20 Illinois circuit court and the defendant is subsequently
21 sentenced to a term of imprisonment by another state or by a
22 district court of the United States, the Illinois circuit court
23 which imposed the sentence may order that the Illinois sentence

 

 

HB5082 Enrolled - 2 - LRB095 18531 RLC 44617 b

1 be made concurrent with the sentence imposed by the other state
2 or district court of the United States. The defendant must
3 apply to the circuit court within 30 days after the defendant's
4 sentence imposed by the other state or district of the United
5 States is finalized. The court shall impose consecutive
6 sentences if:
7         (i) one of the offenses for which defendant was
8     convicted was first degree murder or a Class X or Class 1
9     felony and the defendant inflicted severe bodily injury, or
10         (ii) the defendant was convicted of a violation of
11     Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
12     1961, or
13         (iii) the defendant was convicted of armed violence
14     based upon the predicate offense of solicitation of murder,
15     solicitation of murder for hire, heinous battery,
16     aggravated battery of a senior citizen, criminal sexual
17     assault, a violation of subsection (g) of Section 5 of the
18     Cannabis Control Act, cannabis trafficking, a violation of
19     subsection (a) of Section 401 of the Illinois Controlled
20     Substances Act, controlled substance trafficking involving
21     a Class X felony amount of controlled substance under
22     Section 401 of the Illinois Controlled Substances Act, a
23     violation of the Methamphetamine Control and Community
24     Protection Act, calculated criminal drug conspiracy, or
25     streetgang criminal drug conspiracy, or
26         (iv) the defendant was convicted of the offense of

 

 

HB5082 Enrolled - 3 - LRB095 18531 RLC 44617 b

1     leaving the scene of a motor vehicle accident involving
2     death or personal injuries under Section 11-401 and either:
3     (A) aggravated driving under the influence of alcohol,
4     other drug or drugs, or intoxicating compound or compounds,
5     or any combination thereof under Section 11-501 of the
6     Illinois Vehicle Code, or (B) reckless homicide under
7     Section 9-3 of the Criminal Code of 1961, or both an
8     offense described in subdivision (A) and an offense
9     described in subdivision (B), or
10         (v) the defendant was convicted of a violation of
11     Section 9-3.1 (concealment of homicidal death) or Section
12     12-20.5 (dismembering a human body) of the Criminal Code of
13     1961,
14 in which event the court shall enter sentences to run
15 consecutively. Sentences shall run concurrently unless
16 otherwise specified by the court.
17     (b) Except in cases where consecutive sentences are
18 mandated, the court shall impose concurrent sentences unless,
19 having regard to the nature and circumstances of the offense
20 and the history and character of the defendant, it is of the
21 opinion that consecutive sentences are required to protect the
22 public from further criminal conduct by the defendant, the
23 basis for which the court shall set forth in the record.
24     (c) (1) For sentences imposed under law in effect prior to
25     February 1, 1978 the aggregate maximum of consecutive
26     sentences shall not exceed the maximum term authorized

 

 

HB5082 Enrolled - 4 - LRB095 18531 RLC 44617 b

1     under Section 5-8-1 for the 2 most serious felonies
2     involved. The aggregate minimum period of consecutive
3     sentences shall not exceed the highest minimum term
4     authorized under Section 5-8-1 for the 2 most serious
5     felonies involved. When sentenced only for misdemeanors, a
6     defendant shall not be consecutively sentenced to more than
7     the maximum for one 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 Section 5-8-2 for the 2 most serious felonies
15     involved, but no such limitation shall apply for offenses
16     that were not committed as part of a single course of
17     conduct during which there was no substantial change in the
18     nature of the criminal objective. When sentenced only for
19     misdemeanors, a defendant shall not be consecutively
20     sentenced to more than the maximum for one Class A
21     misdemeanor.
22     (d) An offender serving a sentence for a misdemeanor who is
23 convicted of a felony and sentenced to imprisonment shall be
24 transferred to the Department of Corrections, and the
25 misdemeanor sentence shall be merged in and run concurrently
26 with the felony sentence.

 

 

HB5082 Enrolled - 5 - LRB095 18531 RLC 44617 b

1     (e) In determining the manner in which consecutive
2 sentences of imprisonment, one or more of which is for a
3 felony, will be served, the Department of Corrections shall
4 treat the offender as though he had been committed for a single
5 term with the following incidents:
6         (1) the maximum period of a term of imprisonment shall
7     consist of the aggregate of the maximums of the imposed
8     indeterminate terms, if any, plus the aggregate of the
9     imposed determinate sentences for felonies plus the
10     aggregate of the imposed determinate sentences for
11     misdemeanors subject to paragraph (c) of this Section;
12         (2) the parole or mandatory supervised release term
13     shall be as provided in paragraph (e) of Section 5-8-1 of
14     this Code for the most serious of the offenses involved;
15         (3) the minimum period of imprisonment shall be the
16     aggregate of the minimum and determinate periods of
17     imprisonment imposed by the court, subject to paragraph (c)
18     of this Section; and
19         (4) the offender shall be awarded credit against the
20     aggregate maximum term and the aggregate minimum term of
21     imprisonment for all time served in an institution since
22     the commission of the offense or offenses and as a
23     consequence thereof at the rate specified in Section 3-6-3
24     of this Code.
25     (f) A sentence of an offender committed to the Department
26 of Corrections at the time of the commission of the offense

 

 

HB5082 Enrolled - 6 - LRB095 18531 RLC 44617 b

1 shall be served consecutive to the sentence under which he is
2 held by the Department of Corrections. However, in case such
3 offender shall be sentenced to punishment by death, the
4 sentence shall be executed at such time as the court may fix
5 without regard to the sentence under which such offender may be
6 held by the Department.
7     (g) A sentence under Section 3-6-4 for escape or attempted
8 escape shall be served consecutive to the terms under which the
9 offender is held by the Department of Corrections.
10     (h) If a person charged with a felony commits a separate
11 felony while on pre-trial release or in pretrial detention in a
12 county jail facility or county detention facility, the
13 sentences imposed upon conviction of these felonies shall be
14 served consecutively regardless of the order in which the
15 judgments of conviction are entered.
16     (h-1) If a person commits a battery against a county
17 correctional officer or sheriff's employee while serving a
18 sentence or in pretrial detention in a county jail facility,
19 then the sentence imposed upon conviction of the battery shall
20 be served consecutively with the sentence imposed upon
21 conviction of the earlier misdemeanor or felony, regardless of
22 the order in which the judgments of conviction are entered.
23     (i) If a person admitted to bail following conviction of a
24 felony commits a separate felony while free on bond or if a
25 person detained in a county jail facility or county detention
26 facility following conviction of a felony commits a separate

 

 

HB5082 Enrolled - 7 - LRB095 18531 RLC 44617 b

1 felony while in detention, any sentence following conviction of
2 the separate felony shall be consecutive to that of the
3 original sentence for which the defendant was on bond or
4 detained.
5     (j) If a person is found to be in possession of an item of
6 contraband, as defined in clause (c)(2) of Section 31A-1.1 of
7 the Criminal Code of 1961, while serving a sentence in a penal
8 institution or while in pre-trial detention in a county jail,
9 the sentence imposed upon conviction for the offense of
10 possessing contraband in a penal institution shall be served
11 consecutively to the sentence imposed for the offense in which
12 the person is serving sentence in the county jail or serving
13 pretrial detention, regardless of the order in which the
14 judgments of conviction are entered.
15 (Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07;
16 95-379, eff. 8-23-07.)