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90_HB3278
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Unified Code of Corrections. Deletes the
limitation on the time served for consecutive sentences for
multiple forcible felonies that restricts the aggregate of
consecutive sentences to the sum of the maximum terms
authorized for the 2 most serious felonies committed by the
defendant.
LRB9008525RCksA
LRB9008525RCksA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-8-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-8-4 as follows:
7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
8 Sec. 5-8-4. Concurrent and Consecutive Terms of
9 Imprisonment.
10 (a) When multiple sentences of imprisonment are imposed
11 on a defendant at the same time, or when a term of
12 imprisonment is imposed on a defendant who is already subject
13 to sentence in this State or in another state, or for a
14 sentence imposed by any district court of the United States,
15 the sentences shall run concurrently or consecutively as
16 determined by the court. When a term of imprisonment is
17 imposed on a defendant by an Illinois circuit court and the
18 defendant is subsequently sentenced to a term of imprisonment
19 by another state or by a district court of the United States,
20 the Illinois circuit court which imposed the sentence may
21 order that the Illinois sentence be made concurrent with the
22 sentence imposed by the other state or district court of the
23 United States. The defendant must apply to the circuit court
24 within 30 days after the defendant's sentence imposed by the
25 other state or district of the United States is finalized.
26 The court shall not impose consecutive sentences for offenses
27 which were committed as part of a single course of conduct
28 during which there was no substantial change in the nature of
29 the criminal objective, unless, one of the offenses for which
30 defendant was convicted was a Class X or Class 1 felony and
31 the defendant inflicted severe bodily injury, or where the
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1 defendant was convicted of a violation of Section 12-13,
2 12-14, or 12-14.1 of the Criminal Code of 1961, in which
3 event the court shall enter sentences to run consecutively.
4 Sentences shall run concurrently unless otherwise specified
5 by the court.
6 (b) The court shall not impose a consecutive sentence
7 except as provided for in subsection (a) unless, having
8 regard to the nature and circumstances of the offense and the
9 history and character of the defendant, it is of the opinion
10 that such a term is required to protect the public from
11 further criminal conduct by the defendant, the basis for
12 which the court shall set forth in the record; except that no
13 such finding or opinion is required when multiple sentences
14 of imprisonment are imposed on a defendant for offenses that
15 were not committed as part of a single course of conduct
16 during which there was no substantial change in the nature of
17 the criminal objective, and one of the offenses for which the
18 defendant was convicted was a Class X or Class 1 felony and
19 the defendant inflicted severe bodily injury, or when the
20 defendant was convicted of a violation of Section 12-13,
21 12-14, or 12-14.1 of the Criminal Code of 1961, in which
22 event the Court shall enter sentences to run consecutively.
23 (c) (1) For sentences imposed under law in effect prior
24 to February 1, 1978 the aggregate maximum of consecutive
25 sentences shall not exceed the maximum term authorized
26 under Section 5-8-1 for the 2 most serious felonies
27 involved. The aggregate minimum period of consecutive
28 sentences shall not exceed the highest minimum term
29 authorized under Section 5-8-1 for the 2 most serious
30 felonies involved. When sentenced only for misdemeanors,
31 a defendant shall not be consecutively sentenced to more
32 than the maximum for one Class A misdemeanor.
33 (2) For sentences imposed under the law in effect
34 on or after February 1, 1978, the aggregate of
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1 consecutive sentences for offenses that were committed as
2 part of a single course of conduct during which there was
3 no substantial change in the nature of the criminal
4 objective shall not exceed the sum of the maximum terms
5 authorized under Section 5-8-2 for the 2 most serious
6 felonies involved, but no such limitation shall apply for
7 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 or for
10 offenses that were forcible felonies that were committed
11 on or after the effective date of this amendatory Act of
12 1998. When sentenced only for misdemeanors, a defendant
13 shall not be consecutively sentenced to more than the
14 maximum for one Class A misdemeanor.
15 (d) An offender serving a sentence for a misdemeanor who
16 is convicted of a felony and sentenced to imprisonment shall
17 be transferred to the Department of Corrections, and the
18 misdemeanor sentence shall be merged in and run concurrently
19 with the felony sentence.
20 (e) In determining the manner in which consecutive
21 sentences of imprisonment, one or more of which is for a
22 felony, will be served, the Department of Corrections shall
23 treat the offender as though he had been committed for a
24 single term with the following incidents:
25 (1) the maximum period of a term of imprisonment
26 shall consist of the aggregate of the maximums of the
27 imposed indeterminate terms, if any, plus the aggregate
28 of the imposed determinate sentences for felonies plus
29 the aggregate of the imposed determinate sentences for
30 misdemeanors subject to paragraph (c) of this Section;
31 (2) the parole or mandatory supervised release term
32 shall be as provided in paragraph (e) of Section 5-8-1 of
33 this Code for the most serious of the offenses involved;
34 (3) the minimum period of imprisonment shall be the
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1 aggregate of the minimum and determinate periods of
2 imprisonment imposed by the court, subject to paragraph
3 (c) of this Section; and
4 (4) the offender shall be awarded credit against
5 the aggregate maximum term and the aggregate minimum term
6 of imprisonment for all time served in an institution
7 since the commission of the offense or offenses and as a
8 consequence thereof at the rate specified in Section
9 3-6-3 of this Code.
10 (f) A sentence of an offender committed to the
11 Department of Corrections at the time of the commission of
12 the offense shall be served consecutive to the sentence under
13 which he is held by the Department of Corrections. However,
14 in case such offender shall be sentenced to punishment by
15 death, the sentence shall be executed at such time as the
16 court may fix without regard to the sentence under which such
17 offender may be held by the Department.
18 (g) A sentence under Section 3-6-4 for escape or
19 attempted escape shall be served consecutive to the terms
20 under which the offender is held by the Department of
21 Corrections.
22 (h) If a person charged with a felony commits a separate
23 felony while on pre-trial release or in pretrial detention in
24 a county jail facility or county detention facility, the
25 sentences imposed upon conviction of these felonies shall be
26 served consecutively regardless of the order in which the
27 judgments of conviction are entered.
28 (i) If a person admitted to bail following conviction of
29 a felony commits a separate felony while free on bond or if a
30 person detained in a county jail facility or county detention
31 facility following conviction of a felony commits a separate
32 felony while in detention, any sentence following conviction
33 of the separate felony shall be consecutive to that of the
34 original sentence for which the defendant was on bond or
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1 detained.
2 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
3 90-128, eff. 7-22-97.)