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Public Act 92-0674
HB4473 Enrolled LRB9214829RCcd
AN ACT in relation to criminal matters.
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 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) 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 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.)
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
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