Public Act 093-0768
 		





HB4032 Enrolled
LRB093 14225 RLC 40084 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 impose consecutive 
sentences if:


        (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), or
        (v) the defendant was convicted of a violation of 
    Section 9-3.1 (concealment of homicidal death) or Section 
    12-20.5 (dismembering a human body) of the Criminal Code of 
    1961,


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 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 required to
protect the 
public
from further criminal conduct by the defendant, the 
basis for
which the court shall set forth in the record.


    (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. 92-16, eff. 6-28-01;
92-674, eff. 1-1-03; 93-160, 
eff. 7-10-03.)



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