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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB4473eng HB4473 Engrossed LRB9214829RCcd 1 AN ACT in relation to criminal matters. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-8-4 as follows: 6 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 7 Sec. 5-8-4. Concurrent and Consecutive Terms of 8 Imprisonment. 9 (a) When multiple sentences of imprisonment are imposed 10 on a defendant at the same time, or when a term of 11 imprisonment is imposed on a defendant who is already subject 12 to sentence in this State or in another state, or for a 13 sentence imposed by any district court of the United States, 14 the sentences shall run concurrently or consecutively as 15 determined by the court. When a term of imprisonment is 16 imposed on a defendant by an Illinois circuit court and the 17 defendant is subsequently sentenced to a term of imprisonment 18 by another state or by a district court of the United States, 19 the Illinois circuit court which imposed the sentence may 20 order that the Illinois sentence be made concurrent with the 21 sentence imposed by the other state or district court of the 22 United States. The defendant must apply to the circuit court 23 within 30 days after the defendant's sentence imposed by the 24 other state or district of the United States is finalized. 25 The court shall not impose consecutive sentences for offenses 26 which were committed as part of a single course of conduct 27 during which there was no substantial change in the nature of 28 the criminal objective, unless: 29 (i) one of the offenses for which defendant was 30 convicted was first degree murder or a Class X or Class 1 31 felony and the defendant inflicted severe bodily injury, HB4473 Engrossed -2- LRB9214829RCcd 1 or 2 (ii) the defendant was convicted of a violation of 3 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 4 1961, or 5 (iii) the defendant was convicted of armed violence 6 based upon the predicate offense of solicitation of 7 murder, solicitation of murder for hire, heinous battery, 8 aggravated battery of a senior citizen, criminal sexual 9 assault, a violation of subsection (g) of Section 5 of 10 the Cannabis Control Act, cannabis trafficking, a 11 violation of subsection (a) of Section 401 of the 12 Illinois Controlled Substances Act, controlled substance 13 trafficking involving a Class X felony amount of 14 controlled substance under Section 401 of the Illinois 15 Controlled Substances Act, calculated criminal drug 16 conspiracy, or streetgang criminal drug conspiracy, or 17 (iv) the defendant was convicted of the offense of 18 leaving the scene of a motor vehicle accident involving 19 death or personal injuries under Section 11-401 and 20 either: (A) aggravated driving under the influence of 21 alcohol, other drug or drugs, or intoxicating compound or 22 compounds, or any combination thereof under Section 23 11-501 of the Illinois Vehicle Code, or (B) reckless 24 homicide under Section 9-3 of the Criminal Code of 1961, 25 or both an offense described in subdivision (A) and an 26 offense described in subdivision (B), 27 in which event the court shall enter sentences to run 28 consecutively. Sentences shall run concurrently unless 29 otherwise specified by the court. 30 (b) The court shall not impose a consecutive sentence 31 except as provided for in subsection (a) unless, having 32 regard to the nature and circumstances of the offense and the 33 history and character of the defendant, it is of the opinion 34 that such a term is required to protect the public from HB4473 Engrossed -3- LRB9214829RCcd 1 further criminal conduct by the defendant, the basis for 2 which the court shall set forth in the record; except that no 3 such finding or opinion is required when multiple sentences 4 of imprisonment are imposed on a defendant for offenses that 5 were not committed as part of a single course of conduct 6 during which there was no substantial change in the nature of 7 the criminal objective, and one of the offenses for which the 8 defendant was convicted was first degree murder or a Class X 9 or Class 1 felony and the defendant inflicted severe bodily 10 injury, or when the defendant was convicted of a violation of 11 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 12 1961, or where the defendant was convicted of armed violence 13 based upon the predicate offense of solicitation of murder, 14 solicitation of murder for hire, heinous battery, aggravated 15 battery of a senior citizen, criminal sexual assault, a 16 violation of subsection (g) of Section 5 of the Cannabis 17 Control Act, cannabis trafficking, a violation of subsection 18 (a) of Section 401 of the Illinois Controlled Substances Act, 19 controlled substance trafficking involving a Class X felony 20 amount of controlled substance under Section 401 of the 21 Illinois Controlled Substances Act, calculated criminal drug 22 conspiracy, or streetgang criminal drug conspiracy, or the 23 defendant was convicted of the offense of leaving the scene 24 of a motor vehicle accident involving death or personal 25 injuries under Section 11-401 and either: (A) aggravated 26 driving under the influence of alcohol, other drug or drugs, 27 or intoxicating compound or compounds, or any combination 28 thereof under Section 11-501 of the Illinois Vehicle Code, or 29 (B) reckless homicide under Section 9-3 of the Criminal Code 30 of 1961, or both an offense described in subdivision (A) and 31 an offense described in subdivision (B), in which event the 32 Court shall enter sentences to run consecutively. 33 (c) (1) For sentences imposed under law in effect prior 34 to February 1, 1978 the aggregate maximum of consecutive HB4473 Engrossed -4- LRB9214829RCcd 1 sentences shall not exceed the maximum term authorized 2 under Section 5-8-1 for the 2 most serious felonies 3 involved. The aggregate minimum period of consecutive 4 sentences shall not exceed the highest minimum term 5 authorized under Section 5-8-1 for the 2 most serious 6 felonies involved. When sentenced only for misdemeanors, 7 a defendant shall not be consecutively sentenced to more 8 than the maximum for one Class A misdemeanor. 9 (2) For sentences imposed under the law in effect 10 on or after February 1, 1978, the aggregate of 11 consecutive sentences for offenses that were committed as 12 part of a single course of conduct during which there was 13 no substantial change in the nature of the criminal 14 objective shall not exceed the sum of the maximum terms 15 authorized under Section 5-8-2 for the 2 most serious 16 felonies involved, but no such limitation shall apply for 17 offenses that were not committed as part of a single 18 course of conduct during which there was no substantial 19 change in the nature of the criminal objective. When 20 sentenced only for misdemeanors, a defendant shall not be 21 consecutively sentenced to more than the maximum for one 22 Class A misdemeanor. 23 (d) An offender serving a sentence for a misdemeanor who 24 is convicted of a felony and sentenced to imprisonment shall 25 be transferred to the Department of Corrections, and the 26 misdemeanor sentence shall be merged in and run concurrently 27 with the felony sentence. 28 (e) In determining the manner in which consecutive 29 sentences of imprisonment, one or more of which is for a 30 felony, will be served, the Department of Corrections shall 31 treat the offender as though he had been committed for a 32 single term with the following incidents: 33 (1) the maximum period of a term of imprisonment 34 shall consist of the aggregate of the maximums of the HB4473 Engrossed -5- LRB9214829RCcd 1 imposed indeterminate terms, if any, plus the aggregate 2 of the imposed determinate sentences for felonies plus 3 the aggregate of the imposed determinate sentences for 4 misdemeanors subject to paragraph (c) of this Section; 5 (2) the parole or mandatory supervised release term 6 shall be as provided in paragraph (e) of Section 5-8-1 of 7 this Code for the most serious of the offenses involved; 8 (3) the minimum period of imprisonment shall be the 9 aggregate of the minimum and determinate periods of 10 imprisonment imposed by the court, subject to paragraph 11 (c) of this Section; and 12 (4) the offender shall be awarded credit against 13 the aggregate maximum term and the aggregate minimum term 14 of imprisonment for all time served in an institution 15 since the commission of the offense or offenses and as a 16 consequence thereof at the rate specified in Section 17 3-6-3 of this Code. 18 (f) A sentence of an offender committed to the 19 Department of Corrections at the time of the commission of 20 the offense shall be served consecutive to the sentence under 21 which he is held by the Department of Corrections. However, 22 in case such offender shall be sentenced to punishment by 23 death, the sentence shall be executed at such time as the 24 court may fix without regard to the sentence under which such 25 offender may be held by the Department. 26 (g) A sentence under Section 3-6-4 for escape or 27 attempted escape shall be served consecutive to the terms 28 under which the offender is held by the Department of 29 Corrections. 30 (h) If a person charged with a felony commits a separate 31 felony while on pre-trial release or in pretrial detention in 32 a county jail facility or county detention facility, the 33 sentences imposed upon conviction of these felonies shall be 34 served consecutively regardless of the order in which the HB4473 Engrossed -6- LRB9214829RCcd 1 judgments of conviction are entered. 2 (i) If a person admitted to bail following conviction of 3 a felony commits a separate felony while free on bond or if a 4 person detained in a county jail facility or county detention 5 facility following conviction of a felony commits a separate 6 felony while in detention, any sentence following conviction 7 of the separate felony shall be consecutive to that of the 8 original sentence for which the defendant was on bond or 9 detained. 10 (Source: P.A. 91-144, eff. 1-1-00; 91-404, eff. 1-1-00; 11 92-16, eff. 6-28-01.)