[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_HB0031
LRB9100380RCcd
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 12-4.2, 24-1, and 24-1.2 as follows:
6 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
7 Sec. 12-4.2. Aggravated Battery with a firearm.
8 (a) A person commits aggravated battery with a firearm
9 when he, in committing a battery, knowingly or intentionally
10 by means of the discharging of a firearm (1) causes any
11 injury to another person, or (2) causes any injury to a
12 person he knows to be a peace officer, a community policing
13 volunteer, a correctional institution employee or a fireman
14 while the officer, volunteer, employee or fireman is engaged
15 in the execution of any of his official duties, or to prevent
16 the officer, volunteer, employee or fireman from performing
17 his official duties, or in retaliation for the officer,
18 volunteer, employee or fireman performing his official
19 duties, or (3) causes any injury to a person he knows to be
20 an emergency medical technician - ambulance, emergency
21 medical technician - intermediate, emergency medical
22 technician - paramedic, ambulance driver, or other medical
23 assistance or first aid personnel, employed by a municipality
24 or other governmental unit, while the emergency medical
25 technician - ambulance, emergency medical technician -
26 intermediate, emergency medical technician - paramedic,
27 ambulance driver, or other medical assistance or first aid
28 personnel is engaged in the execution of any of his official
29 duties, or to prevent the emergency medical technician -
30 ambulance, emergency medical technician - intermediate,
31 emergency medical technician - paramedic, ambulance driver,
-2- LRB9100380RCcd
1 or other medical assistance or first aid personnel from
2 performing his official duties, or in retaliation for the
3 emergency medical technician - ambulance, emergency medical
4 technician - intermediate, emergency medical technician -
5 paramedic, ambulance driver, or other medical assistance or
6 first aid personnel performing his official duties.
7 (a-5) A person commits aggravated battery with a firearm
8 when the person, in committing another felony, knowingly or
9 intentionally by means of the discharging of a firearm causes
10 great bodily harm or permanent disability or disfigurement to
11 another person.
12 (b) A violation of subsection (a) (1) of this Section is
13 a Class X felony. A violation of subsection (a) (2) or
14 subsection (a) (3) of this Section is a Class X felony for
15 which the sentence shall be a term of imprisonment of no less
16 than 15 years and no more than 60 years. A violation of
17 subsection (a-5) of this Section is a Class X felony for
18 which the offender, in addition and consecutive to the
19 penalty imposed for the other felony, shall be sentenced to a
20 term of imprisonment of not less than 25 years and not more
21 than natural life imprisonment. Nothing in this Section
22 shall be interpreted to prohibit the imposition of a death
23 sentence upon an offender who is convicted of and sentenced
24 to death for first degree murder.
25 (c) For purposes of this Section, "firearm" is defined
26 as in the Firearm Owners Identification Card Act. "An Act
27 relating to the acquisition, possession and transfer of
28 firearms and firearm ammunition, to provide a penalty for the
29 violation thereof and to make an appropriation in connection
30 therewith", approved August 1, 1967, as amended.
31 (Source: P.A. 90-651, eff. 1-1-99.)
32 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
33 Sec. 24-1. Unlawful Use of Weapons.
-3- LRB9100380RCcd
1 (a) A person commits the offense of unlawful use of
2 weapons when he knowingly:
3 (1) Sells, manufactures, purchases, possesses or
4 carries any bludgeon, black-jack, slung-shot, sand-club,
5 sand-bag, metal knuckles, throwing star, or any knife,
6 commonly referred to as a switchblade knife, which has a
7 blade that opens automatically by hand pressure applied
8 to a button, spring or other device in the handle of the
9 knife, or a ballistic knife, which is a device that
10 propels a knifelike blade as a projectile by means of a
11 coil spring, elastic material or compressed gas; or
12 (2) Carries or possesses with intent to use the
13 same unlawfully against another, a dagger, dirk, billy,
14 dangerous knife, razor, stiletto, broken bottle or other
15 piece of glass, stun gun or taser or any other dangerous
16 or deadly weapon or instrument of like character; or
17 (3) Carries on or about his person or in any
18 vehicle, a tear gas gun projector or bomb or any object
19 containing noxious liquid gas or substance, other than an
20 object containing a non-lethal noxious liquid gas or
21 substance designed solely for personal defense carried by
22 a person 18 years of age or older; or
23 (4) Carries or possesses in any vehicle or
24 concealed on or about his person except when on his land
25 or in his own abode or fixed place of business any
26 pistol, revolver, stun gun or taser or other firearm; or
27 (5) Sets a spring gun; or
28 (6) Possesses any device or attachment of any kind
29 designed, used or intended for use in silencing the
30 report of any firearm; or
31 (7) Sells, manufactures, purchases, possesses or
32 carries:
33 (i) a machine gun, which shall be defined for
34 the purposes of this subsection as any weapon, which
-4- LRB9100380RCcd
1 shoots, is designed to shoot, or can be readily
2 restored to shoot, automatically more than one shot
3 without manually reloading by a single function of
4 the trigger, including the frame or receiver of any
5 such weapon, or sells, manufactures, purchases,
6 possesses, or carries any combination of parts
7 designed or intended for use in converting any
8 weapon into a machine gun, or any combination or
9 parts from which a machine gun can be assembled if
10 such parts are in the possession or under the
11 control of a person;
12 (ii) any rifle having one or more barrels less
13 than 16 inches in length or a shotgun having one or
14 more barrels less than 18 inches in length or any
15 weapon made from a rifle or shotgun, whether by
16 alteration, modification, or otherwise, if such a
17 weapon as modified has an overall length of less
18 than 26 inches; or
19 (iii) any bomb, bomb-shell, grenade, bottle or
20 other container containing an explosive substance of
21 over one-quarter ounce for like purposes, such as,
22 but not limited to, black powder bombs and Molotov
23 cocktails or artillery projectiles; or
24 (8) Carries or possesses any firearm, stun gun or
25 taser or other deadly weapon in any place which is
26 licensed to sell intoxicating beverages, or at any public
27 gathering held pursuant to a license issued by any
28 governmental body or any public gathering at which an
29 admission is charged, excluding a place where a showing,
30 demonstration or lecture involving the exhibition of
31 unloaded firearms is conducted; or
32 (9) Carries or possesses in a vehicle or on or
33 about his person any pistol, revolver, stun gun or taser
34 or firearm or ballistic knife, when he is hooded, robed
-5- LRB9100380RCcd
1 or masked in such manner as to conceal his identity; or
2 (10) Carries or possesses on or about his person,
3 upon any public street, alley, or other public lands
4 within the corporate limits of a city, village or
5 incorporated town, except when an invitee thereon or
6 therein, for the purpose of the display of such weapon or
7 the lawful commerce in weapons, or except when on his
8 land or in his own abode or fixed place of business, any
9 pistol, revolver, stun gun or taser or other firearm.
10 A "stun gun or taser", as used in this paragraph (a)
11 means (i) any device which is powered by electrical
12 charging units, such as, batteries, and which fires one
13 or several barbs attached to a length of wire and which,
14 upon hitting a human, can send out a current capable of
15 disrupting the person's nervous system in such a manner
16 as to render him incapable of normal functioning or (ii)
17 any device which is powered by electrical charging units,
18 such as batteries, and which, upon contact with a human
19 or clothing worn by a human, can send out current capable
20 of disrupting the person's nervous system in such a
21 manner as to render him incapable of normal functioning;
22 or
23 (11) Sells, manufactures or purchases any explosive
24 bullet. For purposes of this paragraph (a) "explosive
25 bullet" means the projectile portion of an ammunition
26 cartridge which contains or carries an explosive charge
27 which will explode upon contact with the flesh of a human
28 or an animal. "Cartridge" means a tubular metal case
29 having a projectile affixed at the front thereof and a
30 cap or primer at the rear end thereof, with the
31 propellant contained in such tube between the projectile
32 and the cap; or
33 (12) (Blank); or .
34 (12.5) Carries or possesses a firearm while
-6- LRB9100380RCcd
1 committing another felony.
2 (b) Sentence. A person convicted of a violation of
3 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
4 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
5 Class A misdemeanor. A person convicted of a violation of
6 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
7 Class 4 felony; a person convicted of a violation of
8 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
9 Class 3 felony. A person convicted of a violation of
10 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
11 weapon is possessed in the passenger compartment of a motor
12 vehicle as defined in Section 1-146 of the Illinois Vehicle
13 Code, or on the person, while the weapon is loaded, in which
14 case it shall be a Class X felony. A person convicted of a
15 violation of subsection 24-1(a)(12.5) commits a Class X
16 felony for which the offender, in addition and consecutive to
17 the penalty imposed for the other felony, shall be sentenced
18 to a minimum term of imprisonment of 15 years. A person
19 convicted of a second or subsequent violation of subsection
20 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
21 felony.
22 (c) Violations in specific places.
23 (1) A person who violates subsection 24-1(a)(6) or
24 24-1(a)(7) in any school, regardless of the time of day
25 or the time of year, in residential property owned,
26 operated and managed by a public housing agency, in a
27 public park, in a courthouse, on the real property
28 comprising any school, regardless of the time of day or
29 the time of year, on residential property owned,
30 operated and managed by a public housing agency, on the
31 real property comprising any public park, on the real
32 property comprising any courthouse, in any conveyance
33 owned, leased or contracted by a school to transport
34 students to or from school or a school related activity,
-7- LRB9100380RCcd
1 or on any public way within 1,000 feet of the real
2 property comprising any school, public park, courthouse,
3 or residential property owned, operated, and managed by a
4 public housing agency commits a Class 2 felony.
5 (1.5) A person who violates subsection 24-1(a)(4),
6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
7 the time of day or the time of year, in residential
8 property owned, operated, and managed by a public housing
9 agency, in a public park, in a courthouse, on the real
10 property comprising any school, regardless of the time of
11 day or the time of year, on residential property owned,
12 operated, and managed by a public housing agency, on the
13 real property comprising any public park, on the real
14 property comprising any courthouse, in any conveyance
15 owned, leased, or contracted by a school to transport
16 students to or from school or a school related activity,
17 or on any public way within 1,000 feet of the real
18 property comprising any school, public park, courthouse,
19 or residential property owned, operated, and managed by a
20 public housing agency commits a Class 3 felony.
21 (2) A person who violates subsection 24-1(a)(1),
22 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
23 the time of day or the time of year, in residential
24 property owned, operated and managed by a public housing
25 agency, in a public park, in a courthouse, on the real
26 property comprising any school, regardless of the time of
27 day or the time of year, on residential property owned,
28 operated and managed by a public housing agency, on the
29 real property comprising any public park, on the real
30 property comprising any courthouse, in any conveyance
31 owned, leased or contracted by a school to transport
32 students to or from school or a school related activity,
33 or on any public way within 1,000 feet of the real
34 property comprising any school, public park, courthouse,
-8- LRB9100380RCcd
1 or residential property owned, operated, and managed by a
2 public housing agency commits a Class 4 felony.
3 "Courthouse" means any building that is used by the
4 Circuit, Appellate, or Supreme Court of this State for
5 the conduct of official business.
6 (3) Paragraphs (1), (1.5), and (2) of this
7 subsection (c) shall not apply to law enforcement
8 officers or security officers of such school, college, or
9 university or to students carrying or possessing firearms
10 for use in training courses, parades, hunting, target
11 shooting on school ranges, or otherwise with the consent
12 of school authorities and which firearms are transported
13 unloaded enclosed in a suitable case, box, or
14 transportation package.
15 (4) For the purposes of this subsection (c),
16 "school" means any public or private elementary or
17 secondary school, community college, college, or
18 university.
19 (d) The presence in an automobile other than a public
20 omnibus of any weapon, instrument or substance referred to in
21 subsection (a)(7) is prima facie evidence that it is in the
22 possession of, and is being carried by, all persons occupying
23 such automobile at the time such weapon, instrument or
24 substance is found, except under the following circumstances:
25 (i) if such weapon, instrument or instrumentality is found
26 upon the person of one of the occupants therein; or (ii) if
27 such weapon, instrument or substance is found in an
28 automobile operated for hire by a duly licensed driver in the
29 due, lawful and proper pursuit of his trade, then such
30 presumption shall not apply to the driver.
31 (e) Exemptions. Crossbows, Common or Compound bows and
32 Underwater Spearguns are exempted from the definition of
33 ballistic knife as defined in paragraph (1) of subsection (a)
34 of this Section.
-9- LRB9100380RCcd
1 (Source: P.A. 90-686, eff. 1-1-99.)
2 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
3 Sec. 24-1.2. Aggravated discharge of a firearm.
4 (a) A person commits aggravated discharge of a firearm
5 when he knowingly or intentionally:
6 (1) Discharges a firearm at or into a building he
7 knows to be occupied and the firearm is discharged from a
8 place or position outside that building;
9 (2) Discharges a firearm in the direction of
10 another person or in the direction of a vehicle he knows
11 to be occupied;
12 (3) Discharges a firearm in the direction of a
13 person he knows to be a peace officer, a community
14 policing volunteer, a correctional institution employee,
15 or a fireman while the officer, volunteer, employee or
16 fireman is engaged in the execution of any of his
17 official duties, or to prevent the officer, volunteer,
18 employee or fireman from performing his official duties,
19 or in retaliation for the officer, volunteer, employee or
20 fireman performing his official duties;
21 (4) Discharges a firearm in the direction of a
22 vehicle he knows to be occupied by a peace officer, a
23 person summoned or directed by a peace officer, a
24 correctional institution employee or a fireman while the
25 officer, employee or fireman is engaged in the execution
26 of any of his official duties, or to prevent the officer,
27 employee or fireman from performing his official duties,
28 or in retaliation for the officer, employee or fireman
29 performing his official duties;
30 (5) Discharges a firearm in the direction of a
31 person he knows to be an emergency medical technician -
32 ambulance, emergency medical technician - intermediate,
33 emergency medical technician - paramedic, ambulance
-10- LRB9100380RCcd
1 driver, or other medical assistance or first aid
2 personnel, employed by a municipality or other
3 governmental unit, while the emergency medical technician
4 - ambulance, emergency medical technician - intermediate,
5 emergency medical technician - paramedic, ambulance
6 driver, or other medical assistance or first aid
7 personnel is engaged in the execution of any of his
8 official duties, or to prevent the emergency medical
9 technician - ambulance, emergency medical technician -
10 intermediate, emergency medical technician - paramedic,
11 ambulance driver, or other medical assistance or first
12 aid personnel from performing his official duties, or in
13 retaliation for the emergency medical technician -
14 ambulance, emergency medical technician - intermediate,
15 emergency medical technician - paramedic, ambulance
16 driver, or other medical assistance or first aid
17 personnel performing his official duties; or
18 (6) Discharges a firearm in the direction of a
19 vehicle he knows to be occupied by an emergency medical
20 technician - ambulance, emergency medical technician -
21 intermediate, emergency medical technician - paramedic,,
22 ambulance driver, or other medical assistance or first
23 aid personnel, employed by a municipality or other
24 governmental unit, while the emergency medical technician
25 - ambulance, emergency medical technician - intermediate,
26 emergency medical technician - paramedic, ambulance
27 driver, or other medical assistance or first aid
28 personnel is engaged in the execution of any of his
29 official duties, or to prevent the emergency medical
30 technician - ambulance, emergency medical technician -
31 intermediate, emergency medical technician - paramedic,
32 ambulance driver, or other medical assistance or first
33 aid personnel from performing his official duties, or in
34 retaliation for the emergency medical technician -
-11- LRB9100380RCcd
1 ambulance, emergency medical technician - intermediate,
2 emergency medical technician - paramedic, ambulance
3 driver, or other medical assistance or first aid
4 personnel performing his official duties; or .
5 (7) Discharges a firearm while committing another
6 felony.
7 (b) A violation of subsection (a) (1) or subsection
8 (a) (2) of this Section is a Class 1 felony. A violation of
9 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
10 Section is a Class X felony for which the sentence shall be a
11 term of imprisonment of no less than 10 years and not more
12 than 45 years. A violation of subsection (a)(7) of this
13 Section is a Class X felony for which the sentence shall be a
14 term of imprisonment of 20 years. This sentence shall be
15 imposed in addition and consecutive to the penalty imposed
16 for the other felony committed by the offender while
17 discharging the firearm.
18 (Source: P.A. 90-651, eff. 1-1-99.)
19 Section 10. The Unified Code of Corrections is amended
20 by changing Sections 3-6-3, 5-4-1, and 5-8-4 as follows:
21 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
22 Sec. 3-6-3. Rules and Regulations for Early Release.
23 (a)(1) The Department of Corrections shall
24 prescribe rules and regulations for the early release on
25 account of good conduct of persons committed to the
26 Department which shall be subject to review by the
27 Prisoner Review Board.
28 (2) The rules and regulations on early release
29 shall provide, with respect to offenses committed on or
30 after June 19, 1998 the effective date of this amendatory
31 Act of 1998, the following:
32 (i) that a prisoner who is serving a term of
-12- LRB9100380RCcd
1 imprisonment for first degree murder shall receive
2 no good conduct credit and shall serve the entire
3 sentence imposed by the court;
4 (ii) that a prisoner serving a sentence for
5 attempt to commit first degree murder, solicitation
6 of murder, solicitation of murder for hire,
7 intentional homicide of an unborn child, predatory
8 criminal sexual assault of a child, aggravated
9 criminal sexual assault, criminal sexual assault,
10 aggravated kidnapping, aggravated battery with a
11 firearm, heinous battery, aggravated battery of a
12 senior citizen, or aggravated battery of a child
13 shall receive no more than 4.5 days of good conduct
14 credit for each month of his or her sentence of
15 imprisonment; and
16 (iii) that a prisoner serving a sentence for
17 home invasion, armed robbery, aggravated vehicular
18 hijacking, aggravated discharge of a firearm, or
19 armed violence with a category I weapon or category
20 II weapon, when the court has made and entered a
21 finding, pursuant to subsection (c-1) of Section
22 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in
24 great bodily harm to a victim, shall receive no more
25 than 4.5 days of good conduct credit for each month
26 of his or her sentence of imprisonment.
27 (2.1) For all offenses, other than those enumerated
28 in subdivision (a)(2) committed on or after June 19, 1998
29 the effective date of this amendatory Act of 1998, and
30 other than the offense of reckless homicide as defined in
31 subsection (e) of Section 9-3 of the Criminal Code of
32 1961 committed on or after January 1, 1999, and other
33 than those enumerated in subdivision (a)(2.4) committed
34 on or after the effective date of this amendatory Act of
-13- LRB9100380RCcd
1 1999, the rules and regulations shall provide that a
2 prisoner who is serving a term of imprisonment shall
3 receive one day of good conduct credit for each day of
4 his or her sentence of imprisonment or recommitment under
5 Section 3-3-9. Each day of good conduct credit shall
6 reduce by one day the prisoner's period of imprisonment
7 or recommitment under Section 3-3-9.
8 (2.2) A prisoner serving a term of natural life
9 imprisonment or a prisoner who has been sentenced to
10 death shall receive no good conduct credit.
11 (2.3) The rules and regulations on early release
12 shall provide that a prisoner who is serving a sentence
13 for reckless homicide as defined in subsection (e) of
14 Section 9-3 of the Criminal Code of 1961 committed on or
15 after January 1, 1999 shall receive no more than 4.5 days
16 of good conduct credit for each month of his or her
17 sentence of imprisonment.
18 (2.4) The rules and regulations on early release
19 shall provide that a prisoner serving a sentence for a
20 violation of subsection (a-5) of Section 12-4.2,
21 paragraph (12.5) of subsection (a) of Section 24-1, or
22 paragraph (7) of subsection (a) of Section 24-1.2 of the
23 Criminal Code of 1961 committed on or after the effective
24 date of this amendatory Act of 1999 shall receive no more
25 than 4.5 days of good conduct credit for each month of
26 his or her sentence of imprisonment.
27 (3) The rules and regulations shall also provide
28 that the Director may award up to 180 days additional
29 good conduct credit for meritorious service in specific
30 instances as the Director deems proper; except that no
31 more than 90 days of good conduct credit for meritorious
32 service shall be awarded to any prisoner who is serving a
33 sentence for conviction of first degree murder, reckless
34 homicide while under the influence of alcohol or any
-14- LRB9100380RCcd
1 other drug, aggravated kidnapping, kidnapping, predatory
2 criminal sexual assault of a child, aggravated criminal
3 sexual assault, criminal sexual assault, deviate sexual
4 assault, aggravated criminal sexual abuse, aggravated
5 indecent liberties with a child, indecent liberties with
6 a child, child pornography, heinous battery, aggravated
7 battery of a spouse, aggravated battery of a spouse with
8 a firearm, stalking, aggravated stalking, aggravated
9 battery of a child, endangering the life or health of a
10 child, cruelty to a child, or narcotic racketeering.
11 Notwithstanding the foregoing, good conduct credit for
12 meritorious service shall not be awarded on a sentence of
13 imprisonment imposed for conviction of: (i) one of the
14 offenses enumerated in subdivision (a)(2) when the
15 offense is committed on or after June 19, 1998, (ii)
16 reckless homicide as defined in subsection (e) of Section
17 9-3 of the Criminal Code of 1961 committed on or after
18 January 1, 1999, or (iii) one of the offenses enumerated
19 in subdivision (a)(2.4) committed on or after the
20 effective date of this amendatory Act of 1999 the
21 effective date of this amendatory Act of 1998.
22 (4) The rules and regulations shall also provide
23 that the good conduct credit accumulated and retained
24 under paragraph (2.1) of subsection (a) of this Section
25 by any inmate during specific periods of time in which
26 such inmate is engaged full-time in substance abuse
27 programs, correctional industry assignments, or
28 educational programs provided by the Department under
29 this paragraph (4) and satisfactorily completes the
30 assigned program as determined by the standards of the
31 Department, shall be multiplied by a factor of 1.25 for
32 program participation before August 11, 1993 and 1.50 for
33 program participation on or after that date. However, no
34 inmate shall be eligible for the additional good conduct
-15- LRB9100380RCcd
1 credit under this paragraph (4) while assigned to a boot
2 camp, mental health unit, or electronic detention, or if
3 convicted of an offense enumerated in paragraph (a)(2) of
4 this Section that is committed on or after June 19, 1998
5 the effective date of this amendatory Act of 1998, or if
6 convicted of reckless homicide as defined in subsection
7 (e) of Section 9-3 of the Criminal Code of 1961 committed
8 on or after January 1, 1999, or if convicted of an
9 offense enumerated in subdivision (a)(2.4) committed on
10 or after the effective date of this amendatory Act of
11 1999, or first degree murder, a Class X felony, criminal
12 sexual assault, felony criminal sexual abuse, aggravated
13 criminal sexual abuse, aggravated battery with a firearm,
14 or any predecessor or successor offenses with the same or
15 substantially the same elements, or any inchoate offenses
16 relating to the foregoing offenses. No inmate shall be
17 eligible for the additional good conduct credit under
18 this paragraph (4) who (i) has previously received
19 increased good conduct credit under this paragraph (4)
20 and has subsequently been convicted of a felony, or (ii)
21 has previously served more than one prior sentence of
22 imprisonment for a felony in an adult correctional
23 facility.
24 Educational, vocational, substance abuse and
25 correctional industry programs under which good conduct
26 credit may be increased under this paragraph (4) shall be
27 evaluated by the Department on the basis of documented
28 standards. The Department shall report the results of
29 these evaluations to the Governor and the General
30 Assembly by September 30th of each year. The reports
31 shall include data relating to the recidivism rate among
32 program participants.
33 Availability of these programs shall be subject to
34 the limits of fiscal resources appropriated by the
-16- LRB9100380RCcd
1 General Assembly for these purposes. Eligible inmates
2 who are denied immediate admission shall be placed on a
3 waiting list under criteria established by the
4 Department. The inability of any inmate to become engaged
5 in any such programs by reason of insufficient program
6 resources or for any other reason established under the
7 rules and regulations of the Department shall not be
8 deemed a cause of action under which the Department or
9 any employee or agent of the Department shall be liable
10 for damages to the inmate.
11 (5) Whenever the Department is to release any
12 inmate earlier than it otherwise would because of a grant
13 of good conduct credit for meritorious service given at
14 any time during the term, the Department shall give
15 reasonable advance notice of the impending release to the
16 State's Attorney of the county where the prosecution of
17 the inmate took place.
18 (b) Whenever a person is or has been committed under
19 several convictions, with separate sentences, the sentences
20 shall be construed under Section 5-8-4 in granting and
21 forfeiting of good time.
22 (c) The Department shall prescribe rules and regulations
23 for revoking good conduct credit, or suspending or reducing
24 the rate of accumulation of good conduct credit for specific
25 rule violations, during imprisonment. These rules and
26 regulations shall provide that no inmate may be penalized
27 more than one year of good conduct credit for any one
28 infraction.
29 When the Department seeks to revoke, suspend or reduce
30 the rate of accumulation of any good conduct credits for an
31 alleged infraction of its rules, it shall bring charges
32 therefor against the prisoner sought to be so deprived of
33 good conduct credits before the Prisoner Review Board as
34 provided in subparagraph (a)(4) of Section 3-3-2 of this
-17- LRB9100380RCcd
1 Code, if the amount of credit at issue exceeds 30 days or
2 when during any 12 month period, the cumulative amount of
3 credit revoked exceeds 30 days except where the infraction is
4 committed or discovered within 60 days of scheduled release.
5 In those cases, the Department of Corrections may revoke up
6 to 30 days of good conduct credit. The Board may subsequently
7 approve the revocation of additional good conduct credit, if
8 the Department seeks to revoke good conduct credit in excess
9 of 30 days. However, the Board shall not be empowered to
10 review the Department's decision with respect to the loss of
11 30 days of good conduct credit within any calendar year for
12 any prisoner or to increase any penalty beyond the length
13 requested by the Department.
14 The Director of the Department of Corrections, in
15 appropriate cases, may restore up to 30 days good conduct
16 credits which have been revoked, suspended or reduced. Any
17 restoration of good conduct credits in excess of 30 days
18 shall be subject to review by the Prisoner Review Board.
19 However, the Board may not restore good conduct credit in
20 excess of the amount requested by the Director.
21 Nothing contained in this Section shall prohibit the
22 Prisoner Review Board from ordering, pursuant to Section
23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
24 the sentence imposed by the court that was not served due to
25 the accumulation of good conduct credit.
26 (d) If a lawsuit is filed by a prisoner in an Illinois
27 or federal court against the State, the Department of
28 Corrections, or the Prisoner Review Board, or against any of
29 their officers or employees, and the court makes a specific
30 finding that a pleading, motion, or other paper filed by the
31 prisoner is frivolous, the Department of Corrections shall
32 conduct a hearing to revoke up to 180 days of good conduct
33 credit by bringing charges against the prisoner sought to be
34 deprived of the good conduct credits before the Prisoner
-18- LRB9100380RCcd
1 Review Board as provided in subparagraph (a)(8) of Section
2 3-3-2 of this Code. If the prisoner has not accumulated 180
3 days of good conduct credit at the time of the finding, then
4 the Prisoner Review Board may revoke all good conduct credit
5 accumulated by the prisoner.
6 For purposes of this subsection (d):
7 (1) "Frivolous" means that a pleading, motion, or
8 other filing which purports to be a legal document filed
9 by a prisoner in his or her lawsuit meets any or all of
10 the following criteria:
11 (A) it lacks an arguable basis either in law
12 or in fact;
13 (B) it is being presented for any improper
14 purpose, such as to harass or to cause unnecessary
15 delay or needless increase in the cost of
16 litigation;
17 (C) the claims, defenses, and other legal
18 contentions therein are not warranted by existing
19 law or by a nonfrivolous argument for the extension,
20 modification, or reversal of existing law or the
21 establishment of new law;
22 (D) the allegations and other factual
23 contentions do not have evidentiary support or, if
24 specifically so identified, are not likely to have
25 evidentiary support after a reasonable opportunity
26 for further investigation or discovery; or
27 (E) the denials of factual contentions are not
28 warranted on the evidence, or if specifically so
29 identified, are not reasonably based on a lack of
30 information or belief.
31 (2) "Lawsuit" means a petition for post-conviction
32 relief under Article 122 of the Code of Criminal
33 Procedure of 1963, a motion pursuant to Section 116-3 of
34 the Code of Criminal Procedure of 1963, a habeas corpus
-19- LRB9100380RCcd
1 action under Article X of the Code of Civil Procedure or
2 under federal law (28 U.S.C. 2254), a petition for claim
3 under the Court of Claims Act or an action under the
4 federal Civil Rights Act (42 U.S.C. 1983).
5 (e) Nothing in this amendatory Act of 1998 affects the
6 validity of Public Act 89-404. and other than the offense of
7 reckless homicide as defined in subsection (e) of Section 9-3
8 of the Criminal Code of 1961 committed on or after the
9 effective date of this amendatory Act of 1998, (2.3) The
10 rules and regulations on early release shall provide that a
11 prisoner who is serving sentence for reckless homicide as
12 defined in subsection (e) of Section 9-3 of the Criminal Code
13 of 1961 committed on or after the effective date of this
14 amendatory Act of 1998 shall receive no more than 4.5 days of
15 good conduct credit for each month of his or her sentence of
16 imprisonment.: (i) or (ii) reckless homicide as defined in
17 subsection (e) of Section 9-3 of the Criminal Code of 1961
18 when the offense is committed on or after the effective date
19 of this amendatory Act of 1998 or if convicted of reckless
20 homicide as defined in subsection (e) of Section 9-3 of the
21 Criminal Code of 1961 if the offense is committed on or after
22 the effective date of this amendatory Act of 1998,
23 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
24 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
25 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
26 Sec. 5-4-1. Sentencing Hearing.
27 (a) Except when the death penalty is sought under
28 hearing procedures otherwise specified, after a determination
29 of guilt, a hearing shall be held to impose the sentence.
30 However, prior to the imposition of sentence on an individual
31 being sentenced for an offense based upon a charge for a
32 violation of Section 11-501 of the Illinois Vehicle Code or a
33 similar provision of a local ordinance, the individual must
-20- LRB9100380RCcd
1 undergo a professional evaluation to determine if an alcohol
2 or other drug abuse problem exists and the extent of such a
3 problem. Programs conducting these evaluations shall be
4 licensed by the Department of Human Services. However, if
5 the individual is not a resident of Illinois, the court may,
6 in its discretion, accept an evaluation from a program in the
7 state of such individual's residence. The court may in its
8 sentencing order approve an eligible defendant for placement
9 in a Department of Corrections impact incarceration program
10 as provided in Section 5-8-1.1. At the hearing the court
11 shall:
12 (1) consider the evidence, if any, received upon
13 the trial;
14 (2) consider any presentence reports;
15 (3) consider the financial impact of incarceration
16 based on the financial impact statement filed with the
17 clerk of the court by the Department of Corrections;
18 (4) consider evidence and information offered by
19 the parties in aggravation and mitigation;
20 (5) hear arguments as to sentencing alternatives;
21 (6) afford the defendant the opportunity to make a
22 statement in his own behalf;
23 (7) afford the victim of a violent crime or a
24 violation of Section 11-501 of the Illinois Vehicle Code,
25 or a similar provision of a local ordinance, committed by
26 the defendant the opportunity to make a statement
27 concerning the impact on the victim and to offer evidence
28 in aggravation or mitigation; provided that the statement
29 and evidence offered in aggravation or mitigation must
30 first be prepared in writing in conjunction with the
31 State's Attorney before it may be presented orally at the
32 hearing. Any sworn testimony offered by the victim is
33 subject to the defendant's right to cross-examine. All
34 statements and evidence offered under this paragraph (7)
-21- LRB9100380RCcd
1 shall become part of the record of the court; and
2 (8) in cases of reckless homicide afford the
3 victim's spouse, guardians, parents or other immediate
4 family members an opportunity to make oral statements.
5 (b) All sentences shall be imposed by the judge based
6 upon his independent assessment of the elements specified
7 above and any agreement as to sentence reached by the
8 parties. The judge who presided at the trial or the judge
9 who accepted the plea of guilty shall impose the sentence
10 unless he is no longer sitting as a judge in that court.
11 Where the judge does not impose sentence at the same time on
12 all defendants who are convicted as a result of being
13 involved in the same offense, the defendant or the State's
14 Attorney may advise the sentencing court of the disposition
15 of any other defendants who have been sentenced.
16 (c) In imposing a sentence for a violent crime or for an
17 offense of operating or being in physical control of a
18 vehicle while under the influence of alcohol, any other drug
19 or any combination thereof, or a similar provision of a local
20 ordinance, when such offense resulted in the personal injury
21 to someone other than the defendant, the trial judge shall
22 specify on the record the particular evidence, information,
23 factors in mitigation and aggravation or other reasons that
24 led to his sentencing determination. The full verbatim record
25 of the sentencing hearing shall be filed with the clerk of
26 the court and shall be a public record.
27 (c-1) In imposing a sentence for the offense of
28 aggravated kidnapping for ransom, home invasion, armed
29 robbery, aggravated vehicular hijacking, aggravated discharge
30 of a firearm, or armed violence with a category I weapon or
31 category II weapon, the trial judge shall make a finding as
32 to whether the conduct leading to conviction for the offense
33 resulted in great bodily harm to a victim, and shall enter
34 that finding and the basis for that finding in the record.
-22- LRB9100380RCcd
1 (c-2) If the defendant is sentenced to prison, other
2 than when a sentence of natural life imprisonment or a
3 sentence of death is imposed, at the time the sentence is
4 imposed the judge shall state on the record in open court the
5 approximate period of time the defendant will serve in
6 custody according to the then current statutory rules and
7 regulations for early release found in Section 3-6-3 and
8 other related provisions of this Code. This statement is
9 intended solely to inform the public, has no legal effect on
10 the defendant's actual release, and may not be relied on by
11 the defendant on appeal.
12 The judge's statement, to be given after pronouncing the
13 sentence, other than when the sentence is imposed for one of
14 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
15 shall include the following:
16 "The purpose of this statement is to inform the public of
17 the actual period of time this defendant is likely to spend
18 in prison as a result of this sentence. The actual period of
19 prison time served is determined by the statutes of Illinois
20 as applied to this sentence by the Illinois Department of
21 Corrections and the Illinois Prisoner Review Board. In this
22 case, assuming the defendant receives all of his or her good
23 conduct credit, the period of estimated actual custody is ...
24 years and ... months, less up to 180 days additional good
25 conduct credit for meritorious service. If the defendant,
26 because of his or her own misconduct or failure to comply
27 with the institutional regulations, does not receive those
28 credits, the actual time served in prison will be longer.
29 The defendant may also receive an additional one-half day
30 good conduct credit for each day of participation in
31 vocational, industry, substance abuse, and educational
32 programs as provided for by Illinois statute."
33 When the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(3) of Section 3-6-3, other than
-23- LRB9100380RCcd
1 when the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
3 or after June 19, 1998 the effective date of this amendatory
4 Act of 1998, and other than when the sentence is imposed for
5 reckless homicide as defined in subsection (e) of Section 9-3
6 of the Criminal Code of 1961 committed on or after January 1,
7 1999, and other than when the sentence is imposed for one of
8 the offenses enumerated in paragraph (a)(2.4) of Section
9 3-6-3 committed on or after the effective date of this
10 amendatory Act of 1999, the judge's statement, to be given
11 after pronouncing the sentence, shall include the following:
12 "The purpose of this statement is to inform the public of
13 the actual period of time this defendant is likely to spend
14 in prison as a result of this sentence. The actual period of
15 prison time served is determined by the statutes of Illinois
16 as applied to this sentence by the Illinois Department of
17 Corrections and the Illinois Prisoner Review Board. In this
18 case, assuming the defendant receives all of his or her good
19 conduct credit, the period of estimated actual custody is ...
20 years and ... months, less up to 90 days additional good
21 conduct credit for meritorious service. If the defendant,
22 because of his or her own misconduct or failure to comply
23 with the institutional regulations, does not receive those
24 credits, the actual time served in prison will be longer.
25 The defendant may also receive an additional one-half day
26 good conduct credit for each day of participation in
27 vocational, industry, substance abuse, and educational
28 programs as provided for by Illinois statute."
29 When the sentence is imposed for one of the offenses
30 enumerated in paragraph (a)(2) of Section 3-6-3, other than
31 first degree murder, and the offense was committed on or
32 after June 19, 1998 the effective date of this amendatory Act
33 of 1998, and when the sentence is imposed for reckless
34 homicide as defined in subsection (e) of Section 9-3 of the
-24- LRB9100380RCcd
1 Criminal Code of 1961 committed on or after January 1, 1999,
2 and when the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(2.4) of Section 3-6-3 committed
4 on or after the effective date of this amendatory Act of
5 1999, the judge's statement, to be given after pronouncing
6 the sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, the defendant is entitled to no more than 4 1/2 days of
14 good conduct credit for each month of his or her sentence of
15 imprisonment. Therefore, this defendant will serve at least
16 85% of his or her sentence. Assuming the defendant receives
17 4 1/2 days credit for each month of his or her sentence, the
18 period of estimated actual custody is ... years and ...
19 months. If the defendant, because of his or her own
20 misconduct or failure to comply with the institutional
21 regulations receives lesser credit, the actual time served in
22 prison will be longer."
23 When a sentence of imprisonment is imposed for first
24 degree murder and the offense was committed on or after June
25 19, 1998 the effective date of this amendatory Act of 1998,
26 the judge's statement, to be given after pronouncing the
27 sentence, shall include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, the defendant is not entitled to good conduct credit.
-25- LRB9100380RCcd
1 Therefore, this defendant will serve 100% of his or her
2 sentence."
3 (d) When the defendant is committed to the Department of
4 Corrections, the State's Attorney shall and counsel for the
5 defendant may file a statement with the clerk of the court to
6 be transmitted to the department, agency or institution to
7 which the defendant is committed to furnish such department,
8 agency or institution with the facts and circumstances of the
9 offense for which the person was committed together with all
10 other factual information accessible to them in regard to the
11 person prior to his commitment relative to his habits,
12 associates, disposition and reputation and any other facts
13 and circumstances which may aid such department, agency or
14 institution during its custody of such person. The clerk
15 shall within 10 days after receiving any such statements
16 transmit a copy to such department, agency or institution and
17 a copy to the other party, provided, however, that this shall
18 not be cause for delay in conveying the person to the
19 department, agency or institution to which he has been
20 committed.
21 (e) The clerk of the court shall transmit to the
22 department, agency or institution, if any, to which the
23 defendant is committed, the following:
24 (1) the sentence imposed;
25 (2) any statement by the court of the basis for
26 imposing the sentence;
27 (3) any presentence reports;
28 (4) the number of days, if any, which the defendant
29 has been in custody and for which he is entitled to
30 credit against the sentence, which information shall be
31 provided to the clerk by the sheriff;
32 (4.1) any finding of great bodily harm made by the
33 court with respect to an offense enumerated in subsection
34 (c-1);
-26- LRB9100380RCcd
1 (5) all statements filed under subsection (d) of
2 this Section;
3 (6) any medical or mental health records or
4 summaries of the defendant;
5 (7) the municipality where the arrest of the
6 offender or the commission of the offense has occurred,
7 where such municipality has a population of more than
8 25,000 persons;
9 (8) all statements made and evidence offered under
10 paragraph (7) of subsection (a) of this Section; and
11 (9) all additional matters which the court directs
12 the clerk to transmit. and other than when the sentence
13 is imposed for reckless homicide as defined in subsection
14 (e) of Section 9-3 of the Criminal Code of 1961 if the
15 offense was committed on or after the effective date of
16 this amendatory Act of 1998, and when the sentence is
17 imposed for reckless homicide as defined in subsection
18 (e) of Section 9-3 of the Criminal Code of 1961 if the
19 offense was committed on or after the effective date of
20 this amendatory Act of 1998,
21 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
22 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
23 1-1-99; revised 11-25-98.)
24 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
25 Sec. 5-8-4. Concurrent and Consecutive Terms of
26 Imprisonment.
27 (a) When multiple sentences of imprisonment are imposed
28 on a defendant at the same time, or when a term of
29 imprisonment is imposed on a defendant who is already subject
30 to sentence in this State or in another state, or for a
31 sentence imposed by any district court of the United States,
32 the sentences shall run concurrently or consecutively as
33 determined by the court. When a term of imprisonment is
-27- LRB9100380RCcd
1 imposed on a defendant by an Illinois circuit court and the
2 defendant is subsequently sentenced to a term of imprisonment
3 by another state or by a district court of the United States,
4 the Illinois circuit court which imposed the sentence may
5 order that the Illinois sentence be made concurrent with the
6 sentence imposed by the other state or district court of the
7 United States. The defendant must apply to the circuit court
8 within 30 days after the defendant's sentence imposed by the
9 other state or district of the United States is finalized.
10 Except as otherwise provided in subsection (a-5), the court
11 shall not impose consecutive sentences for offenses which
12 were committed as part of a single course of conduct during
13 which there was no substantial change in the nature of the
14 criminal objective, unless, one of the offenses for which
15 defendant was convicted was a Class X or Class 1 felony and
16 the defendant inflicted severe bodily injury, or where the
17 defendant was convicted of a violation of Section 12-13,
18 12-14, or 12-14.1 of the Criminal Code of 1961, in which
19 event the court shall enter sentences to run consecutively.
20 Sentences shall run concurrently unless otherwise specified
21 by the court.
22 (a-5) The court shall impose consecutive sentences when
23 one of the offenses is a felony and the other offense is a
24 violation of subsection (a-5) of Section 12-4.2, paragraph
25 (12.5) of subsection (a) of Section 24-1, or paragraph (7) of
26 subsection (a) of Section 24-1.2 of the Criminal Code of
27 1961; except that the court shall not impose consecutive
28 sentences upon a defendant convicted of a combination of
29 violations of the offenses enumerated in subsection (a-5) of
30 Section 12-4.2, paragraph (12.5) of subsection (a) of Section
31 24-1, or paragraph (7) of subsection (a) of Section 24-1.2 of
32 the Criminal Code of 1961 when these combination of offenses
33 were committed as part of a single course of conduct. In
34 that case, the court shall sentence the defendant to the
-28- LRB9100380RCcd
1 aggregate sentence for the underlying felony and the most
2 serious of the violations of subsection (a-5) of Section
3 12-4.2, paragraph (12.5) of subsection (a) of Section 24-1,
4 or paragraph (7) of subsection (a) of Section 24-1.2 of the
5 Criminal Code of 1961 committed by the defendant.
6 (b) The court shall not impose a consecutive sentence
7 except as provided for in subsection (a) or subsection (a-5)
8 unless, having regard to the nature and circumstances of the
9 offense and the history and character of the defendant, it is
10 of the opinion that such a term is required to protect the
11 public from further criminal conduct by the defendant, the
12 basis for which the court shall set forth in the record;
13 except that no such finding or opinion is required when
14 multiple sentences of imprisonment are imposed on a defendant
15 for offenses that were not committed as part of a single
16 course of conduct during which there was no substantial
17 change in the nature of the criminal objective, and one of
18 the offenses for which the defendant was convicted was a
19 Class X or Class 1 felony and the defendant inflicted severe
20 bodily injury, or when the defendant was convicted of a
21 violation of Section 12-13, 12-14, or 12-14.1 of the Criminal
22 Code of 1961, in which event the Court shall enter sentences
23 to run consecutively.
24 (c) (1) For sentences imposed under law in effect prior
25 to February 1, 1978 the aggregate maximum of consecutive
26 sentences shall not exceed the maximum term authorized
27 under Section 5-8-1 for the 2 most serious felonies
28 involved. The aggregate minimum period of consecutive
29 sentences shall not exceed the highest minimum term
30 authorized under Section 5-8-1 for the 2 most serious
31 felonies involved. When sentenced only for misdemeanors,
32 a defendant shall not be consecutively sentenced to more
33 than the maximum for one Class A misdemeanor.
34 (2) For sentences imposed under the law in effect
-29- LRB9100380RCcd
1 on or after February 1, 1978, the aggregate of
2 consecutive sentences for offenses that were committed as
3 part of a single course of conduct during which there was
4 no substantial change in the nature of the criminal
5 objective shall not exceed the sum of the maximum terms
6 authorized under Section 5-8-2 for the 2 most serious
7 felonies involved, but no such limitation shall apply for
8 offenses that were not committed as part of a single
9 course of conduct during which there was no substantial
10 change in the nature of the criminal objective. When
11 sentenced only for misdemeanors, a defendant shall not be
12 consecutively sentenced to more than the maximum for one
13 Class A misdemeanor.
14 (d) An offender serving a sentence for a misdemeanor who
15 is convicted of a felony and sentenced to imprisonment shall
16 be transferred to the Department of Corrections, and the
17 misdemeanor sentence shall be merged in and run concurrently
18 with the felony sentence.
19 (e) In determining the manner in which consecutive
20 sentences of imprisonment, one or more of which is for a
21 felony, will be served, the Department of Corrections shall
22 treat the offender as though he had been committed for a
23 single term with the following incidents:
24 (1) the maximum period of a term of imprisonment
25 shall consist of the aggregate of the maximums of the
26 imposed indeterminate terms, if any, plus the aggregate
27 of the imposed determinate sentences for felonies plus
28 the aggregate of the imposed determinate sentences for
29 misdemeanors subject to paragraph (c) of this Section;
30 (2) the parole or mandatory supervised release term
31 shall be as provided in paragraph (e) of Section 5-8-1 of
32 this Code for the most serious of the offenses involved;
33 (3) the minimum period of imprisonment shall be the
34 aggregate of the minimum and determinate periods of
-30- LRB9100380RCcd
1 imprisonment imposed by the court, subject to paragraph
2 (c) of this Section; and
3 (4) the offender shall be awarded credit against
4 the aggregate maximum term and the aggregate minimum term
5 of imprisonment for all time served in an institution
6 since the commission of the offense or offenses and as a
7 consequence thereof at the rate specified in Section
8 3-6-3 of this Code.
9 (f) A sentence of an offender committed to the
10 Department of Corrections at the time of the commission of
11 the offense shall be served consecutive to the sentence under
12 which he is held by the Department of Corrections. However,
13 in case such offender shall be sentenced to punishment by
14 death, the sentence shall be executed at such time as the
15 court may fix without regard to the sentence under which such
16 offender may be held by the Department.
17 (g) A sentence under Section 3-6-4 for escape or
18 attempted escape shall be served consecutive to the terms
19 under which the offender is held by the Department of
20 Corrections.
21 (h) If a person charged with a felony commits a separate
22 felony while on pre-trial release or in pretrial detention in
23 a county jail facility or county detention facility, the
24 sentences imposed upon conviction of these felonies shall be
25 served consecutively regardless of the order in which the
26 judgments of conviction are entered.
27 (i) If a person admitted to bail following conviction of
28 a felony commits a separate felony while free on bond or if a
29 person detained in a county jail facility or county detention
30 facility following conviction of a felony commits a separate
31 felony while in detention, any sentence following conviction
32 of the separate felony shall be consecutive to that of the
33 original sentence for which the defendant was on bond or
34 detained.
-31- LRB9100380RCcd
1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
2 90-128, eff. 7-22-97.)