State of Illinois
92nd General Assembly
Legislation

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92_SB0270

 
                                               LRB9204654ARsb

 1        AN  ACT  in  relation  to  controlled,  counterfeit,  and
 2    look-alike substances.

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

 5        Section  5.   The  Illinois  Controlled Substances Act is
 6    amended by changing Section 407.1 as follows:

 7        (720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
 8        Sec. 407.1.   Employing  minors  to  deliver  controlled,
 9    counterfeit, or look-alike substance.
10        (a)  Any  person 18 years of age or over who violates any
11    subsection of Section 401, Section 401.1, 404 or Section  405
12    by  using,  engaging, or employing a person under 18 years of
13    age to deliver a  controlled  substance  commits  a  Class  X
14    felony.
15        (b)  Any  person 18 years of age or over who violates any
16    subsection of Section 401, Section  401.1,  Section  404,  or
17    Section  405  by using, engaging, or employing a person under
18    18 years of age  to  deliver  a,  counterfeit  or  look-alike
19    substance  may  be sentenced to imprisonment for a term up to
20    three times the maximum amount authorized  by  the  pertinent
21    subsection  of  Section  401,  Section 401.1, Section 404, or
22    Section 405.
23    (Source: P.A. 91-297, eff. 1-1-00.)

24        Section 10.  The Unified Code of Corrections  is  amended
25    by changing Section 5-8-4 as follows:

26        (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
27        Sec.   5-8-4.    Concurrent   and  Consecutive  Terms  of
28    Imprisonment.
29        (a)  When multiple sentences of imprisonment are  imposed
 
                            -2-                LRB9204654ARsb
 1    on  a  defendant  at  the  same  time,  or  when  a  term  of
 2    imprisonment is imposed on a defendant who is already subject
 3    to  sentence  in  this  State  or  in another state, or for a
 4    sentence imposed by any district court of the United  States,
 5    the  sentences  shall  run  concurrently  or consecutively as
 6    determined by the court.  When  a  term  of  imprisonment  is
 7    imposed  on  a defendant by an Illinois circuit court and the
 8    defendant is subsequently sentenced to a term of imprisonment
 9    by another state or by a district court of the United States,
10    the Illinois circuit court which  imposed  the  sentence  may
11    order  that the Illinois sentence be made concurrent with the
12    sentence imposed by the other state or district court of  the
13    United  States. The defendant must apply to the circuit court
14    within 30 days after the defendant's sentence imposed by  the
15    other  state  or  district of the United States is finalized.
16    The court shall not impose consecutive sentences for offenses
17    which were committed as part of a single  course  of  conduct
18    during which there was no substantial change in the nature of
19    the criminal objective, unless:
20             (i)  one  of  the  offenses  for which defendant was
21        convicted was first degree murder or a Class X or Class 1
22        felony and the defendant inflicted severe bodily  injury,
23        or
24             (ii)  the  defendant was convicted of a violation of
25        Section 12-13, 12-14, or 12-14.1 of the Criminal Code  of
26        1961, or
27             (iii)  the defendant was convicted of armed violence
28        based  upon  the  predicate  offense  of  solicitation of
29        murder, solicitation of murder for hire, heinous battery,
30        aggravated battery of a senior citizen,  criminal  sexual
31        assault,  a  violation of subsection (g) of  Section 5 of
32        the  Cannabis  Control  Act,  cannabis   trafficking,   a
33        violation  of  subsection  (a)  of  Section  401  of  the
34        Illinois  Controlled Substances Act, controlled substance
 
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 1        trafficking  involving  a  Class  X  felony   amount   of
 2        controlled  substance  under  Section 401 of the Illinois
 3        Controlled  Substances  Act,  calculated  criminal   drug
 4        conspiracy, or streetgang criminal drug conspiracy, or
 5             (iv)  the  defendant was convicted of a violation of
 6        subsection  (a)  of  Section  407.1   of   the   Illinois
 7        Controlled Substances Act,
 8    in  which  event  the  court  shall  enter  sentences  to run
 9    consecutively.  Sentences  shall  run   concurrently   unless
10    otherwise specified by the court.
11        (b)  The  court  shall  not impose a consecutive sentence
12    except as provided  for  in  subsection  (a)  unless,  having
13    regard to the nature and circumstances of the offense and the
14    history  and character of the defendant, it is of the opinion
15    that such a term is  required  to  protect  the  public  from
16    further  criminal  conduct  by  the  defendant, the basis for
17    which the court shall set forth in the record; except that no
18    such finding or opinion is required when  multiple  sentences
19    of  imprisonment are imposed on a defendant for offenses that
20    were not committed as part of  a  single  course  of  conduct
21    during which there was no substantial change in the nature of
22    the criminal objective, and one of the offenses for which the
23    defendant  was convicted was first degree murder or a Class X
24    or Class 1 felony and the defendant inflicted  severe  bodily
25    injury, or when the defendant was convicted of a violation of
26    Section  12-13,  12-14,  or  12-14.1  of the Criminal Code of
27    1961, or where the defendant was convicted of armed  violence
28    based  upon  the predicate offense of solicitation of murder,
29    solicitation of murder for hire, heinous battery,  aggravated
30    battery  of  a  senior  citizen,  criminal  sexual assault, a
31    violation of subsection (g) of  Section  5  of  the  Cannabis
32    Control  Act, cannabis trafficking, a violation of subsection
33    (a) of Section 401 of the Illinois Controlled Substances Act,
34    controlled substance trafficking involving a Class  X  felony
 
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 1    amount  of  controlled  substance  under  Section  401 of the
 2    Illinois Controlled Substances Act, calculated criminal  drug
 3    conspiracy,  or streetgang criminal drug conspiracy, in which
 4    event the Court shall enter sentences to run consecutively.
 5        (c) (1)  For sentences imposed under law in effect  prior
 6        to  February 1, 1978 the aggregate maximum of consecutive
 7        sentences shall not exceed the  maximum  term  authorized
 8        under  Section  5-8-1  for  the  2  most serious felonies
 9        involved.  The aggregate minimum  period  of  consecutive
10        sentences  shall  not  exceed  the  highest  minimum term
11        authorized under Section 5-8-1 for  the  2  most  serious
12        felonies  involved. When sentenced only for misdemeanors,
13        a defendant shall not be consecutively sentenced to  more
14        than the maximum for one Class A misdemeanor.
15             (2)  For  sentences  imposed under the law in effect
16        on  or  after  February  1,  1978,   the   aggregate   of
17        consecutive sentences for offenses that were committed as
18        part of a single course of conduct during which there was
19        no  substantial  change  in  the  nature  of the criminal
20        objective shall not exceed the sum of the  maximum  terms
21        authorized  under  Section  5-8-2  for the 2 most serious
22        felonies involved, but no such limitation shall apply for
23        offenses that were not committed  as  part  of  a  single
24        course  of  conduct during which there was no substantial
25        change in the nature  of  the  criminal  objective.  When
26        sentenced only for misdemeanors, a defendant shall not be
27        consecutively  sentenced to more than the maximum for one
28        Class A misdemeanor.
29        (d)  An offender serving a sentence for a misdemeanor who
30    is convicted of a felony and sentenced to imprisonment  shall
31    be  transferred  to  the  Department  of Corrections, and the
32    misdemeanor sentence shall be merged in and run  concurrently
33    with the felony sentence.
34        (e)  In  determining  the  manner  in  which  consecutive
 
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 1    sentences  of  imprisonment,  one  or  more of which is for a
 2    felony, will be served, the Department of  Corrections  shall
 3    treat  the  offender  as  though  he had been committed for a
 4    single term with the following incidents:
 5             (1)  the maximum period of a  term  of  imprisonment
 6        shall  consist  of  the  aggregate of the maximums of the
 7        imposed indeterminate terms, if any, plus  the  aggregate
 8        of  the  imposed  determinate sentences for felonies plus
 9        the aggregate of the imposed  determinate  sentences  for
10        misdemeanors subject to paragraph (c) of this Section;
11             (2)  the parole or mandatory supervised release term
12        shall be as provided in paragraph (e) of Section 5-8-1 of
13        this Code for the most serious of the offenses involved;
14             (3)  the minimum period of imprisonment shall be the
15        aggregate  of  the  minimum  and  determinate  periods of
16        imprisonment imposed by the court, subject  to  paragraph
17        (c) of this Section; and
18             (4)  the  offender  shall  be awarded credit against
19        the aggregate maximum term and the aggregate minimum term
20        of imprisonment for all time  served  in  an  institution
21        since  the commission of the offense or offenses and as a
22        consequence thereof at  the  rate  specified  in  Section
23        3-6-3 of this Code.
24        (f)  A   sentence   of   an  offender  committed  to  the
25    Department of Corrections at the time of  the  commission  of
26    the offense shall be served consecutive to the sentence under
27    which  he  is held by the Department of Corrections. However,
28    in case such offender shall be  sentenced  to  punishment  by
29    death,  the  sentence  shall  be executed at such time as the
30    court may fix without regard to the sentence under which such
31    offender may be held by the Department.
32        (g)  A  sentence  under  Section  3-6-4  for  escape   or
33    attempted  escape  shall  be  served consecutive to the terms
34    under which  the  offender  is  held  by  the  Department  of
 
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 1    Corrections.
 2        (h)  If a person charged with a felony commits a separate
 3    felony while on pre-trial release or in pretrial detention in
 4    a  county  jail  facility  or  county detention facility, the
 5    sentences imposed upon conviction of these felonies shall  be
 6    served  consecutively  regardless  of  the order in which the
 7    judgments of conviction are entered.
 8        (i)  If a person admitted to bail following conviction of
 9    a felony commits a separate felony while free on bond or if a
10    person detained in a county jail facility or county detention
11    facility following conviction of a felony commits a  separate
12    felony  while in detention, any sentence following conviction
13    of the separate felony shall be consecutive to  that  of  the
14    original  sentence  for  which  the  defendant was on bond or
15    detained.
16    (Source: P.A. 90-128,  eff.  7-22-97;  91-144,  eff.  1-1-00;
17    91-404, eff. 1-1-00; revised 9-29-99.)

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