94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4574

 

Introduced 1/11/2006, by Rep. Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-4   from Ch. 38, par. 1005-8-4

    Amends the Unified Code of Corrections. Provides that an offender committed to the Department of Corrections who commits a battery or aggravated battery while incarcerated in a facility of the Department of Corrections shall serve his or her sentence for the battery or aggravated battery concurrently with the sentence for the offense or offenses for which he or she was incarcerated at the time of the commission of the battery or aggravated battery. Provides that the sentence for the battery or aggravated battery shall run from the time of the commission of the battery or aggravated battery.


LRB094 17997 RLC 53300 b

 

 

A BILL FOR

 

HB4574 LRB094 17997 RLC 53300 b

1     AN ACT concerning criminal law.
 
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:
 
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 on
10 a defendant at the same time, or when a term of imprisonment is
11 imposed on a defendant who is already subject to sentence in
12 this State or in another state, or for a sentence imposed by
13 any district court of the United States, the sentences shall
14 run concurrently or consecutively as determined by the court.
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
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:
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
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
31     1961, or
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
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, a
10     violation of the Methamphetamine Control and Community
11     Protection Act, calculated criminal drug conspiracy, or
12     streetgang criminal drug conspiracy, or
13         (iv) the defendant was convicted of the offense of
14     leaving the scene of a motor vehicle accident involving
15     death or personal injuries under Section 11-401 and either:
16     (A) aggravated driving under the influence of alcohol,
17     other drug or drugs, or intoxicating compound or compounds,
18     or any combination thereof under Section 11-501 of the
19     Illinois Vehicle Code, or (B) reckless homicide under
20     Section 9-3 of the Criminal Code of 1961, or both an
21     offense described in subdivision (A) and an offense
22     described in subdivision (B), or
23         (v) the defendant was convicted of a violation of
24     Section 9-3.1 (concealment of homicidal death) or Section
25     12-20.5 (dismembering a human body) of the Criminal Code of
26     1961,
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) Except in cases where consecutive sentences are
31 mandated, the court shall impose concurrent sentences unless,
32 having regard to the nature and circumstances of the offense
33 and the history and character of the defendant, it is of the
34 opinion that consecutive sentences are required to protect the
35 public from further criminal conduct by the defendant, the
36 basis for which the court shall set forth in the record.

 

 

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1     (c) (1) For sentences imposed under law in effect prior to
2     February 1, 1978 the aggregate maximum of consecutive
3     sentences shall not exceed the maximum term authorized
4     under Section 5-8-1 for the 2 most serious felonies
5     involved. The aggregate minimum period of consecutive
6     sentences shall not exceed the highest minimum term
7     authorized under Section 5-8-1 for the 2 most serious
8     felonies involved. When sentenced only for misdemeanors, a
9     defendant shall not be consecutively sentenced to more than
10     the maximum for one Class A misdemeanor.
11         (2) For sentences imposed under the law in effect on or
12     after February 1, 1978, the aggregate of consecutive
13     sentences for offenses that were committed as part of a
14     single course of conduct during which there was no
15     substantial change in the nature of the criminal objective
16     shall not exceed the sum of the maximum terms authorized
17     under Section 5-8-2 for the 2 most serious felonies
18     involved, but no such limitation shall apply for offenses
19     that were not committed as part of a single course of
20     conduct during which there was no substantial change in the
21     nature of the criminal objective. When sentenced only for
22     misdemeanors, a defendant shall not be consecutively
23     sentenced to more than the maximum for one Class A
24     misdemeanor.
25     (d) An offender serving a sentence for a misdemeanor who is
26 convicted of a felony and sentenced to imprisonment shall be
27 transferred to the Department of Corrections, and the
28 misdemeanor sentence shall be merged in and run concurrently
29 with the felony sentence.
30     (e) In determining the manner in which consecutive
31 sentences of imprisonment, one or more of which is for a
32 felony, will be served, the Department of Corrections shall
33 treat the offender as though he had been committed for a single
34 term with the following incidents:
35         (1) the maximum period of a term of imprisonment shall
36     consist of the aggregate of the maximums of the imposed

 

 

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1     indeterminate terms, if any, plus the aggregate of the
2     imposed determinate sentences for felonies plus the
3     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 (c)
11     of this Section; and
12         (4) the offender shall be awarded credit against the
13     aggregate maximum term and the aggregate minimum term of
14     imprisonment for all time served in an institution since
15     the commission of the offense or offenses and as a
16     consequence thereof at the rate specified in Section 3-6-3
17     of this Code.
18     (f) A sentence of an offender committed to the Department
19 of Corrections at the time of the commission of the offense
20 shall be served consecutive to the sentence under which he is
21 held by the Department of Corrections; except that an offender
22 committed to the Department of Corrections who commits a
23 battery or aggravated battery while incarcerated in a facility
24 of the Department of Corrections shall serve his or her
25 sentence for the battery or aggravated battery concurrently
26 with the sentence for the offense or offenses for which he or
27 she was incarcerated at the time of the commission of the
28 battery or aggravated battery. The sentence for the battery or
29 aggravated battery shall run from the time of the commission of
30 the battery or aggravated battery. However, in case such
31 offender shall be sentenced to punishment by death, the
32 sentence shall be executed at such time as the court may fix
33 without regard to the sentence under which such offender may be
34 held by the Department.
35     (g) A sentence under Section 3-6-4 for escape or attempted
36 escape shall be served consecutive to the terms under which the

 

 

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1 offender is held by the Department of Corrections.
2     (h) If a person charged with a felony commits a separate
3 felony while on pre-trial release or in pretrial detention in a
4 county jail facility or county detention facility, the
5 sentences imposed upon conviction of these felonies shall be
6 served consecutively regardless of the order in which the
7 judgments of conviction are entered.
8     (i) If a person admitted to bail following conviction of a
9 felony commits a separate felony while free on bond or if a
10 person detained in a county jail facility or county detention
11 facility following conviction of a felony commits a separate
12 felony while in detention, any sentence following conviction of
13 the separate felony shall be consecutive to that of the
14 original sentence for which the defendant was on bond or
15 detained.
16 (Source: P.A. 93-160, eff. 7-10-03; 93-768, eff. 7-20-04;
17 94-556, eff. 9-11-05.)