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91_SB0398eng SB398 Engrossed LRB9100334RCks 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-8-4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 5-8-4 as follows: 7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 8 Sec. 5-8-4. Concurrent and Consecutive Terms of 9 Imprisonment. 10 (a) When multiple sentences of imprisonment are imposed 11 on a defendant at the same time, or when a term of 12 imprisonment is imposed on a defendant who is already subject 13 to sentence in this State or in another state, or for a 14 sentence imposed by any district court of the United States, 15 the sentences shall run concurrently or consecutively as 16 determined by the court. When a term of imprisonment is 17 imposed on a defendant by an Illinois circuit court and the 18 defendant is subsequently sentenced to a term of imprisonment 19 by another state or by a district court of the United States, 20 the Illinois circuit court which imposed the sentence may 21 order that the Illinois sentence be made concurrent with the 22 sentence imposed by the other state or district court of the 23 United States. The defendant must apply to the circuit court 24 within 30 days after the defendant's sentence imposed by the 25 other state or district of the United States is finalized. 26 The court shall not impose consecutive sentences for offenses 27 which were committed as part of a single course of conduct 28 during which there was no substantial change in the nature of 29 the criminal objective, unless, one of the offenses for which 30 defendant was convicted was first degree murder or a Class X 31 or Class 1 felony and the defendant inflicted severe bodily SB398 Engrossed -2- LRB9100334RCks 1 injury, or where the defendant was convicted of a violation 2 of Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 3 1961, in which event the court shall enter sentences to run 4 consecutively. Sentences shall run concurrently unless 5 otherwise specified by the court. 6 (b) The court shall not impose a consecutive sentence 7 except as provided for in subsection (a) unless, having 8 regard to the nature and circumstances of the offense and the 9 history and character of the defendant, it is of the opinion 10 that such a term is required to protect the public from 11 further criminal conduct by the defendant, the basis for 12 which the court shall set forth in the record; except that no 13 such finding or opinion is required when multiple sentences 14 of imprisonment are imposed on a defendant for offenses that 15 were not committed as part of a single course of conduct 16 during which there was no substantial change in the nature of 17 the criminal objective, and one of the offenses for which the 18 defendant was convicted was first degree murder or a Class X 19 or Class 1 felony and the defendant inflicted severe bodily 20 injury, or when the defendant was convicted of a violation of 21 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 22 1961, in which event the Court shall enter sentences to run 23 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 SB398 Engrossed -3- LRB9100334RCks 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 SB398 Engrossed -4- LRB9100334RCks 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. SB398 Engrossed -5- LRB9100334RCks 1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 2 90-128, eff. 7-22-97.)