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1 | AN ACT in relation to criminal law.
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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 by | ||||||
5 | changing Section 5-8-4 as follows:
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6 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
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7 | Sec. 5-8-4. Concurrent and Consecutive Terms of | ||||||
8 | Imprisonment.
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9 | (a) When multiple sentences of imprisonment are imposed on | ||||||
10 | a
defendant at the same time, or when a term of imprisonment is
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11 | imposed on a defendant who is already subject to sentence in
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12 | this State or in another state, or for a sentence imposed by
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13 | any district court of the United States, the sentences shall
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14 | run concurrently or consecutively as determined by the court.
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15 | When a term of imprisonment is imposed on a defendant by an | ||||||
16 | Illinois circuit
court and the defendant is subsequently | ||||||
17 | sentenced to a term of imprisonment
by another state or by a | ||||||
18 | district court of the United States, the Illinois
circuit court | ||||||
19 | which imposed the sentence may order that the Illinois sentence
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20 | be made concurrent with the sentence imposed by the other state | ||||||
21 | or district
court of the United States. The defendant must | ||||||
22 | apply to the circuit court
within 30 days after the defendant's | ||||||
23 | sentence imposed by the other state
or district of the United | ||||||
24 | States is finalized.
The court shall impose consecutive | ||||||
25 | sentences if:
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26 | (i) one of the offenses for which
defendant was | ||||||
27 | convicted was first degree murder or a Class X or Class 1 | ||||||
28 | felony
and the
defendant inflicted severe bodily injury, or
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29 | (ii) the defendant was
convicted of a violation of | ||||||
30 | Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
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31 | 1961, or
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32 | (iii) the defendant was convicted of armed violence |
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1 | based upon
the predicate offense of solicitation of murder, | ||||||
2 | solicitation of murder for
hire, heinous battery, | ||||||
3 | aggravated battery of a senior citizen, criminal sexual
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4 | assault, a violation of subsection (g) of Section 5 of the | ||||||
5 | Cannabis Control
Act, cannabis trafficking, a violation of | ||||||
6 | subsection (a) of Section 401 of
the Illinois Controlled | ||||||
7 | Substances Act, controlled substance trafficking
involving | ||||||
8 | a Class X felony amount of controlled substance under | ||||||
9 | Section 401 of
the Illinois Controlled Substances Act,
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10 | calculated criminal drug conspiracy, or streetgang | ||||||
11 | criminal drug
conspiracy, or
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12 | (iv) the defendant was convicted of the offense of | ||||||
13 | leaving the
scene of a motor vehicle accident involving | ||||||
14 | death or personal
injuries under Section 11-401 and either: | ||||||
15 | (A) aggravated driving under the
influence of alcohol, | ||||||
16 | other drug or drugs, or intoxicating compound
or compounds, | ||||||
17 | or any combination thereof under Section 11-501 of
the | ||||||
18 | Illinois Vehicle Code, or (B) reckless homicide under | ||||||
19 | Section 9-3 of
the Criminal Code of 1961, or both an | ||||||
20 | offense described in subdivision (A) and
an offense | ||||||
21 | described in subdivision (B), or | ||||||
22 | (v) the defendant was convicted of a violation of | ||||||
23 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
24 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
25 | 1961,
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26 | in which event the
court shall enter sentences to run | ||||||
27 | consecutively. Sentences shall
run concurrently unless | ||||||
28 | otherwise specified by the court.
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29 | (b) Except in cases where consecutive sentences are | ||||||
30 | mandated, the court
shall impose concurrent sentences unless,
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31 | having regard to the nature and circumstances of the offense
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32 | and the history and character of the defendant, it is of the
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33 | opinion that consecutive sentences are required to
protect the | ||||||
34 | public
from further criminal conduct by the defendant, the | ||||||
35 | basis for
which the court shall set forth in the record.
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36 | (c) (1) For sentences imposed under law in effect prior to
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1 | February 1, 1978 the aggregate
maximum of consecutive | ||||||
2 | sentences shall not exceed the maximum
term authorized | ||||||
3 | under Section 5-8-1 for the 2 most serious
felonies | ||||||
4 | involved. The aggregate minimum period of consecutive
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5 | sentences shall not exceed the highest minimum term | ||||||
6 | authorized
under Section 5-8-1 for the 2 most serious | ||||||
7 | felonies involved.
When sentenced only for misdemeanors, a | ||||||
8 | defendant shall not
be consecutively sentenced to more than | ||||||
9 | the maximum for one
Class A misdemeanor.
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10 | (2) For sentences imposed under the law
in effect on or | ||||||
11 | after February 1, 1978, the aggregate
of consecutive | ||||||
12 | sentences for offenses that were committed as part of a | ||||||
13 | single
course of conduct during which there was no | ||||||
14 | substantial change in the nature of
the criminal objective | ||||||
15 | shall not exceed the sum of the
maximum terms authorized | ||||||
16 | under Section 5-8-2 for the 2 most
serious felonies | ||||||
17 | involved, but no such limitation shall apply for offenses
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18 | that were not committed as part of a single course of | ||||||
19 | conduct during which
there was no substantial change in the | ||||||
20 | nature of the criminal objective.
When sentenced only for | ||||||
21 | misdemeanors,
a defendant shall not be consecutively | ||||||
22 | sentenced to more than
the maximum for one Class A | ||||||
23 | misdemeanor.
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24 | (d) An offender serving a sentence for a misdemeanor who is
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25 | convicted of a felony and sentenced to imprisonment shall be
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26 | transferred to the Department of Corrections, and the
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27 | misdemeanor sentence shall be merged in and run concurrently
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28 | with the felony sentence.
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29 | (e) In determining the manner in which consecutive | ||||||
30 | sentences
of imprisonment, one or more of which is for a | ||||||
31 | felony, will be
served, the Department of Corrections shall | ||||||
32 | treat the offender
as though he had been committed for a single | ||||||
33 | term with the
following incidents:
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34 | (1) the maximum period of a term of imprisonment shall
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35 | consist of the aggregate of the maximums of the imposed
| ||||||
36 | indeterminate terms, if any, plus the aggregate of the
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1 | imposed determinate sentences for felonies plus
the | ||||||
2 | aggregate of the imposed determinate sentences for | ||||||
3 | misdemeanors
subject to paragraph (c) of this Section;
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4 | (2) the parole or mandatory supervised release term | ||||||
5 | shall be
as provided in paragraph (e) of Section 5-8-1 of | ||||||
6 | this Code for
the most serious of the offenses involved;
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7 | (3) the minimum period of imprisonment shall be the
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8 | aggregate of the minimum and determinate periods of | ||||||
9 | imprisonment
imposed by the court, subject to paragraph (c) | ||||||
10 | of this Section; and
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11 | (4) the offender shall be awarded credit against the
| ||||||
12 | aggregate maximum term and the aggregate minimum term of
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13 | imprisonment for all time served in an institution since | ||||||
14 | the
commission of the offense or offenses and as a | ||||||
15 | consequence
thereof at the rate specified in Section 3-6-3 | ||||||
16 | of this Code.
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17 | (f) A sentence of an offender committed to the Department | ||||||
18 | of
Corrections at the time of the commission of the offense | ||||||
19 | shall be served
consecutive to the sentence under which he is | ||||||
20 | held by the Department of
Corrections. However, in case such | ||||||
21 | offender shall be sentenced to
punishment by death, the | ||||||
22 | sentence shall be executed at such time as the
court may fix | ||||||
23 | without regard to the sentence under which such offender
may be | ||||||
24 | held by the Department.
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25 | (g) A sentence under Section 3-6-4 for escape or attempted | ||||||
26 | escape
shall be served consecutive to the terms under which the | ||||||
27 | offender is
held by the Department of Corrections.
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28 | (h) If a person charged with a felony commits a separate | ||||||
29 | felony while
on pre-trial release or in pretrial detention in a | ||||||
30 | county jail facility
or county detention facility, the | ||||||
31 | sentences imposed upon conviction of these
felonies shall be | ||||||
32 | served consecutively regardless of the order in which the
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33 | judgments of conviction are entered.
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34 | (i) If a person admitted to bail following conviction of a | ||||||
35 | felony
commits a separate felony while free on bond or if a | ||||||
36 | person detained in a
county jail facility or county detention |
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1 | facility following conviction of a
felony commits a separate | ||||||
2 | felony while in detention, any sentence following
conviction of | ||||||
3 | the separate felony shall be consecutive to that of the
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4 | original sentence for which the defendant was on bond or | ||||||
5 | detained.
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6 | (Source: P.A. 92-16, eff. 6-28-01;
92-674, eff. 1-1-03; 93-160, | ||||||
7 | eff. 7-10-03.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law. |