Public Act 93-0160

HB1280 Enrolled                      LRB093 04127 RLC 04167 b

    AN ACT in relation to criminal law.

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

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

    (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
    Sec.   5-8-4.  Concurrent   and   Consecutive   Terms  of
Imprisonment.
    (a)  When multiple sentences of imprisonment are  imposed
on  a  defendant  at  the  same  time,  or  when  a  term  of
imprisonment is imposed on a defendant who is already subject
to  sentence  in  this  State  or  in another state, or for a
sentence imposed by any district court of the United  States,
the  sentences  shall  run  concurrently  or consecutively as
determined by the court.  When  a  term  of  imprisonment  is
imposed  on  a defendant by an Illinois circuit court and the
defendant is subsequently sentenced to a term of imprisonment
by another state or by a district court of the United States,
the Illinois circuit court which  imposed  the  sentence  may
order  that the Illinois sentence be made concurrent with the
sentence imposed by the other state or district court of  the
United  States. The defendant must apply to the circuit court
within 30 days after the defendant's sentence imposed by  the
other  state  or  district of the United States is finalized.
The court shall  not  impose  consecutive  sentences  if  for
offenses  which  were committed as part of a single course of
conduct during which there was no substantial change  in  the
nature of the criminal objective, unless:
         (i)  one  of  the  offenses  for which defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily  injury,
    or
         (ii)  the  defendant was convicted of a violation of
    Section 12-13, 12-14, or 12-14.1 of the Criminal Code  of
    1961, or
         (iii)  the defendant was convicted of armed violence
    based  upon  the  predicate  offense  of  solicitation of
    murder, solicitation of murder for hire, heinous battery,
    aggravated battery of a senior citizen,  criminal  sexual
    assault,  a  violation of subsection (g) of  Section 5 of
    the  Cannabis  Control  Act,  cannabis   trafficking,   a
    violation  of  subsection  (a)  of  Section  401  of  the
    Illinois  Controlled Substances Act, controlled substance
    trafficking  involving  a  Class  X  felony   amount   of
    controlled  substance  under  Section 401 of the Illinois
    Controlled  Substances  Act,  calculated  criminal   drug
    conspiracy, or streetgang criminal drug conspiracy, or
         (iv)  the  defendant was convicted of the offense of
    leaving the scene of a motor vehicle  accident  involving
    death  or  personal  injuries  under  Section  11-401 and
    either: (A) aggravated driving  under  the  influence  of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds,  or  any  combination  thereof  under  Section
    11-501  of  the  Illinois  Vehicle  Code, or (B) reckless
    homicide under Section 9-3 of the Criminal Code of  1961,
    or  both  an  offense described in subdivision (A) and an
    offense described in subdivision (B),
in which  event  the  court  shall  enter  sentences  to  run
consecutively.   Sentences   shall  run  concurrently  unless
otherwise specified by the court.
    (b)  Except in  cases  where  consecutive  sentences  are
mandated,  the  court  shall  impose concurrent sentences The
court shall not  impose  a  consecutive  sentence  except  as
provided  for  in subsection (a) unless, having regard to the
nature and circumstances of the offense and the  history  and
character  of  the  defendant,  it  is  of  the  opinion that
consecutive sentences are such a term is required to  protect
the  public  from  further criminal conduct by the defendant,
the basis for which the court shall set forth in the  record;
except  that  no  such  finding  or  opinion is required when
multiple sentences of imprisonment are imposed on a defendant
for offenses that were not committed  as  part  of  a  single
course  of  conduct  during  which  there  was no substantial
change in the nature of the criminal objective,  and  one  of
the  offenses for which the defendant was convicted was first
degree murder or  a  Class  X  or  Class  1  felony  and  the
defendant   inflicted  severe  bodily  injury,  or  when  the
defendant was convicted of  a  violation  of  Section  12-13,
12-14,  or 12-14.1 of the Criminal Code of 1961, or where the
defendant was convicted of  armed  violence  based  upon  the
predicate  offense of solicitation of murder, solicitation of
murder for hire, heinous battery,  aggravated  battery  of  a
senior  citizen,  criminal  sexual  assault,  a  violation of
subsection (g) of Section 5  of  the  Cannabis  Control  Act,
cannabis  trafficking,  a  violation  of  subsection  (a)  of
Section  401  of  the  Illinois  Controlled  Substances  Act,
controlled  substance  trafficking involving a Class X felony
amount of controlled  substance  under  Section  401  of  the
Illinois  Controlled Substances Act, calculated criminal drug
conspiracy, or streetgang criminal drug  conspiracy,  or  the
defendant  was  convicted of the offense of leaving the scene
of a motor  vehicle  accident  involving  death  or  personal
injuries  under  Section  11-401  and  either: (A) aggravated
driving under the influence of alcohol, other drug or  drugs,
or  intoxicating  compound  or  compounds, or any combination
thereof under Section 11-501 of the Illinois Vehicle Code, or
(B) reckless homicide under Section 9-3 of the Criminal  Code
of  1961, or both an offense described in subdivision (A) and
an offense described in subdivision (B), in which  event  the
Court shall enter sentences to run consecutively.
    (c) (1)  For  sentences imposed under law in effect prior
    to February 1, 1978 the aggregate maximum of  consecutive
    sentences  shall  not  exceed the maximum term authorized
    under Section 5-8-1  for  the  2  most  serious  felonies
    involved.   The  aggregate  minimum period of consecutive
    sentences shall  not  exceed  the  highest  minimum  term
    authorized  under  Section  5-8-1  for the 2 most serious
    felonies involved. When sentenced only for  misdemeanors,
    a  defendant shall not be consecutively sentenced to more
    than the maximum for one Class A misdemeanor.
         (2)  For sentences imposed under the law  in  effect
    on   or   after   February  1,  1978,  the  aggregate  of
    consecutive sentences for offenses that were committed as
    part of a single course of conduct during which there was
    no substantial change  in  the  nature  of  the  criminal
    objective  shall  not exceed the sum of the maximum terms
    authorized under Section 5-8-2 for  the  2  most  serious
    felonies involved, but no such limitation shall apply for
    offenses  that  were  not  committed  as part of a single
    course of conduct during which there was  no  substantial
    change  in  the  nature  of  the criminal objective. When
    sentenced only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for  one
    Class A misdemeanor.
    (d)  An offender serving a sentence for a misdemeanor who
is  convicted of a felony and sentenced to imprisonment shall
be transferred to the  Department  of  Corrections,  and  the
misdemeanor  sentence shall be merged in and run concurrently
with the felony sentence.
    (e)  In  determining  the  manner  in  which  consecutive
sentences of imprisonment, one or more  of  which  is  for  a
felony,  will  be served, the Department of Corrections shall
treat the offender as though he  had  been  committed  for  a
single term with the following incidents:
         (1)  the  maximum  period  of a term of imprisonment
    shall consist of the aggregate of  the  maximums  of  the
    imposed  indeterminate  terms, if any, plus the aggregate
    of the imposed determinate sentences  for  felonies  plus
    the  aggregate  of  the imposed determinate sentences for
    misdemeanors subject to paragraph (c) of this Section;
         (2)  the parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-8-1 of
    this Code for the most serious of the offenses involved;
         (3)  the minimum period of imprisonment shall be the
    aggregate of  the  minimum  and  determinate  periods  of
    imprisonment  imposed  by the court, subject to paragraph
    (c) of this Section; and
         (4)  the offender shall be  awarded  credit  against
    the aggregate maximum term and the aggregate minimum term
    of  imprisonment  for  all  time served in an institution
    since the commission of the offense or offenses and as  a
    consequence  thereof  at  the  rate  specified in Section
    3-6-3 of this Code.
    (f)  A  sentence  of  an  offender   committed   to   the
Department  of  Corrections  at the time of the commission of
the offense shall be served consecutive to the sentence under
which he is held by the Department of  Corrections.  However,
in  case  such  offender  shall be sentenced to punishment by
death, the sentence shall be executed at  such  time  as  the
court may fix without regard to the sentence under which such
offender may be held by the Department.
    (g)  A   sentence  under  Section  3-6-4  for  escape  or
attempted escape shall be served  consecutive  to  the  terms
under  which  the  offender  is  held  by  the  Department of
Corrections.
    (h)  If a person charged with a felony commits a separate
felony while on pre-trial release or in pretrial detention in
a county jail facility  or  county  detention  facility,  the
sentences  imposed upon conviction of these felonies shall be
served consecutively regardless of the  order  in  which  the
judgments of conviction are entered.
    (i)  If a person admitted to bail following conviction of
a felony commits a separate felony while free on bond or if a
person detained in a county jail facility or county detention
facility  following conviction of a felony commits a separate
felony while in detention, any sentence following  conviction
of  the  separate  felony shall be consecutive to that of the
original sentence for which the  defendant  was  on  bond  or
detained.
(Source:  P.A.  91-144,  eff.  1-1-00;  91-404,  eff. 1-1-00;
92-16, eff. 6-28-01; 92-674, eff. 1-1-03.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.