(730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)
Sec. 8-2-4.
Prosecutions Continued; Applicable Sentencing
Provisions. (a) Prosecution for any violation of law occurring
prior to January 1, 1973, is not affected or abated by the
Unified Code of Corrections. If the offense being prosecuted
has not reached the sentencing stage or a final adjudication
by January 1, 1973, then for purposes of sentencing the
sentences under the Unified Code of Corrections apply if
they are less than under the prior law upon which the
prosecution was commenced.
(b) Prosecution for any violation of law occurring before
the effective date of this amendatory Act of 1977 is not
affected or abated by this amendatory Act of 1977. If the
defendant has not been sentenced before the effective date
of this amendatory Act of 1977, he shall have the right to
elect to be sentenced under the law as it existed at the time
of his offense or under the law in effect on and after the
effective date of this amendatory Act of 1977. If a sentence
has been imposed before the effective date of this amendatory
Act of 1977, the defendant shall not have the right of election
even though his case has not been finally adjudicated on appeal;
however, where eligible, he shall have the rights provided by
Section 3-3-2.1 of this Code.
(Source: P.A. 80-1099 .)
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