Illinois General Assembly - Full Text of SB2021
Illinois General Assembly

Previous General Assemblies

Full Text of SB2021  100th General Assembly



SB2021 EngrossedLRB100 11420 SLF 21835 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-14 as follows:
6    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
7    Sec. 110-14. Credit for Incarceration on Bailable Offense.
8    (a) Any person incarcerated on a bailable offense who does
9not supply bail and against whom a fine is levied on conviction
10of the such offense shall be allowed a credit of $30 $5 for
11each day so incarcerated upon application of the defendant.
12However, in no case shall the amount so allowed or credited
13exceed the amount of the fine.
14    (b) Subsection (a) does not apply to a person incarcerated
15for sexual assault as defined in paragraph (1) of subsection
16(a) of Section 5-9-1.7 of the Unified Code of Corrections.
17(Source: P.A. 93-699, eff. 1-1-05.)
18    Section 10. The Unified Code of Corrections is amended by
19changing Section 5-8-4 as follows:
20    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
21    Sec. 5-8-4. Concurrent and consecutive terms of



SB2021 Engrossed- 2 -LRB100 11420 SLF 21835 b

2    (a) Concurrent terms; multiple or additional sentences.
3When an Illinois court (i) imposes multiple sentences of
4imprisonment on a defendant at the same time or (ii) imposes a
5sentence of imprisonment on a defendant who is already subject
6to a sentence of imprisonment imposed by an Illinois court, a
7court of another state, or a federal court, then the sentences
8shall run concurrently unless otherwise determined by the
9Illinois court under this Section.
10    (b) Concurrent terms; misdemeanor and felony. A defendant
11serving a sentence for a misdemeanor who is convicted of a
12felony and sentenced to imprisonment shall be transferred to
13the Department of Corrections, and the misdemeanor sentence
14shall be merged in and run concurrently with the felony
16    (c) Consecutive terms; permissive. The court may impose
17consecutive sentences in any of the following circumstances:
18        (1) If, having regard to the nature and circumstances
19    of the offense and the history and character of the
20    defendant, it is the opinion of the court that consecutive
21    sentences are required to protect the public from further
22    criminal conduct by the defendant, the basis for which the
23    court shall set forth in the record.
24        (2) If one of the offenses for which a defendant was
25    convicted was a violation of Section 32-5.2 (aggravated
26    false personation of a peace officer) of the Criminal Code



SB2021 Engrossed- 3 -LRB100 11420 SLF 21835 b

1    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
2    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
3    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
4    offense was committed in attempting or committing a
5    forcible felony.
6    (d) Consecutive terms; mandatory. The court shall impose
7consecutive sentences in each of the following circumstances:
8        (1) One of the offenses for which the defendant was
9    convicted was first degree murder or a Class X or Class 1
10    felony and the defendant inflicted severe bodily injury.
11        (2) The defendant was convicted of a violation of
12    Section 11-1.20 or 12-13 (criminal sexual assault),
13    11-1.30 or 12-14 (aggravated criminal sexual assault), or
14    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
15    child) of the Criminal Code of 1961 or the Criminal Code of
16    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
17    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
18    5/12-14.1).
19        (2.5) The defendant was convicted of a violation of
20    paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)
21    of Section 11-20.1 (child pornography) or of paragraph (1),
22    (2), (3), (4), (5), or (7) of subsection (a) of Section
23    11-20.1B or 11-20.3 (aggravated child pornography) of the
24    Criminal Code of 1961 or the Criminal Code of 2012; or the
25    defendant was convicted of a violation of paragraph (6) of
26    subsection (a) of Section 11-20.1 (child pornography) or of



SB2021 Engrossed- 4 -LRB100 11420 SLF 21835 b

1    paragraph (6) of subsection (a) of Section 11-20.1B or
2    11-20.3 (aggravated child pornography) of the Criminal
3    Code of 1961 or the Criminal Code of 2012, when the child
4    depicted is under the age of 13.
5        (3) The defendant was convicted of armed violence based
6    upon the predicate offense of any of the following:
7    solicitation of murder, solicitation of murder for hire,
8    heinous battery as described in Section 12-4.1 or
9    subdivision (a)(2) of Section 12-3.05, aggravated battery
10    of a senior citizen as described in Section 12-4.6 or
11    subdivision (a)(4) of Section 12-3.05, criminal sexual
12    assault, a violation of subsection (g) of Section 5 of the
13    Cannabis Control Act (720 ILCS 550/5), cannabis
14    trafficking, a violation of subsection (a) of Section 401
15    of the Illinois Controlled Substances Act (720 ILCS
16    570/401), controlled substance trafficking involving a
17    Class X felony amount of controlled substance under Section
18    401 of the Illinois Controlled Substances Act (720 ILCS
19    570/401), a violation of the Methamphetamine Control and
20    Community Protection Act (720 ILCS 646/), calculated
21    criminal drug conspiracy, or streetgang criminal drug
22    conspiracy.
23        (4) The defendant was convicted of the offense of
24    leaving the scene of a motor vehicle accident involving
25    death or personal injuries under Section 11-401 of the
26    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)



SB2021 Engrossed- 5 -LRB100 11420 SLF 21835 b

1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof under Section 11-501 of the
4    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
5    homicide under Section 9-3 of the Criminal Code of 1961 or
6    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
7    offense described in item (A) and an offense described in
8    item (B).
9        (5) The defendant was convicted of a violation of
10    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
11    death) or Section 12-20.5 (dismembering a human body) of
12    the Criminal Code of 1961 or the Criminal Code of 2012 (720
13    ILCS 5/9-3.1 or 5/12-20.5).
14        (5.5) The defendant was convicted of a violation of
15    Section 24-3.7 (use of a stolen firearm in the commission
16    of an offense) of the Criminal Code of 1961 or the Criminal
17    Code of 2012.
18        (6) If the defendant was in the custody of the
19    Department of Corrections at the time of the commission of
20    the offense, the sentence shall be served consecutive to
21    the sentence under which the defendant is held by the
22    Department of Corrections. If, however, the defendant is
23    sentenced to punishment by death, the sentence shall be
24    executed at such time as the court may fix without regard
25    to the sentence under which the defendant may be held by
26    the Department.



SB2021 Engrossed- 6 -LRB100 11420 SLF 21835 b

1        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
2    for escape or attempted escape shall be served consecutive
3    to the terms under which the offender is held by the
4    Department of Corrections.
5        (8) If a person charged with a felony commits a
6    separate felony while on pretrial release or in pretrial
7    detention in a county jail facility or county detention
8    facility, then the sentences imposed upon conviction of
9    these felonies shall be served consecutively regardless of
10    the order in which the judgments of conviction are entered.
11    Mandatory consecutive sentencing under this paragraph (8)
12    does not apply to a violation of a condition of electronic
13    home monitoring under Section 5-8A-4.1 of this Code, except
14    upon the third or subsequent conviction, in which mandatory
15    consecutive sentencing shall be imposed.
16        (8.5) If a person commits a battery against a county
17    correctional officer or sheriff's employee while serving a
18    sentence or in pretrial detention in a county jail
19    facility, then the sentence imposed upon conviction of the
20    battery shall be served consecutively with the sentence
21    imposed upon conviction of the earlier misdemeanor or
22    felony, regardless of the order in which the judgments of
23    conviction are entered.
24        (9) If a person admitted to bail following conviction
25    of a felony commits a separate felony while free on bond or
26    if a person detained in a county jail facility or county



SB2021 Engrossed- 7 -LRB100 11420 SLF 21835 b

1    detention facility following conviction of a felony
2    commits a separate felony while in detention, then any
3    sentence following conviction of the separate felony shall
4    be consecutive to that of the original sentence for which
5    the defendant was on bond or detained. Mandatory
6    consecutive sentencing under this paragraph (9) does not
7    apply to a violation of a condition of electronic home
8    monitoring under Section 5-8A-4.1 of this Code, except upon
9    the third or subsequent conviction, in which mandatory
10    consecutive sentencing shall be imposed.
11        (10) If a person is found to be in possession of an
12    item of contraband, as defined in Section 31A-0.1 of the
13    Criminal Code of 2012, while serving a sentence in a county
14    jail or while in pre-trial detention in a county jail, the
15    sentence imposed upon conviction for the offense of
16    possessing contraband in a penal institution shall be
17    served consecutively to the sentence imposed for the
18    offense in which the person is serving sentence in the
19    county jail or serving pretrial detention, regardless of
20    the order in which the judgments of conviction are entered.
21        (11) If a person is sentenced for a violation of bail
22    bond under Section 32-10 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, any sentence imposed for that
24    violation shall be served consecutive to the sentence
25    imposed for the charge for which bail had been granted and
26    with respect to which the defendant has been convicted.



SB2021 Engrossed- 8 -LRB100 11420 SLF 21835 b

1    (e) Consecutive terms; subsequent non-Illinois term. If an
2Illinois court has imposed a sentence of imprisonment on a
3defendant and the defendant is subsequently sentenced to a term
4of imprisonment by a court of another state or a federal court,
5then the Illinois sentence shall run consecutively to the
6sentence imposed by the court of the other state or the federal
7court. That same Illinois court, however, may order that the
8Illinois sentence run concurrently with the sentence imposed by
9the court of the other state or the federal court, but only if
10the defendant applies to that same Illinois court within 30
11days after the sentence imposed by the court of the other state
12or the federal court is finalized.
13    (f) Consecutive terms; aggregate maximums and minimums.
14The aggregate maximum and aggregate minimum of consecutive
15sentences shall be determined as follows:
16        (1) For sentences imposed under law in effect prior to
17    February 1, 1978, the aggregate maximum of consecutive
18    sentences shall not exceed the maximum term authorized
19    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
20    Chapter V for the 2 most serious felonies involved. The
21    aggregate minimum period of consecutive sentences shall
22    not exceed the highest minimum term authorized under
23    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
24    V for the 2 most serious felonies involved. When sentenced
25    only for misdemeanors, a defendant shall not be
26    consecutively sentenced to more than the maximum for one



SB2021 Engrossed- 9 -LRB100 11420 SLF 21835 b

1    Class A misdemeanor.
2        (2) For sentences imposed under the law in effect on or
3    after February 1, 1978, the aggregate of consecutive
4    sentences for offenses that were committed as part of a
5    single course of conduct during which there was no
6    substantial change in the nature of the criminal objective
7    shall not exceed the sum of the maximum terms authorized
8    under Article 4.5 of Chapter V for the 2 most serious
9    felonies involved, but no such limitation shall apply for
10    offenses that were not committed as part of a single course
11    of conduct during which there was no substantial change in
12    the nature of the criminal objective. When sentenced only
13    for misdemeanors, a defendant shall not be consecutively
14    sentenced to more than the maximum for one Class A
15    misdemeanor.
16    (g) Consecutive terms; manner served. In determining the
17manner in which consecutive sentences of imprisonment, one or
18more of which is for a felony, will be served, the Department
19of Corrections shall treat the defendant as though he or she
20had been committed for a single term subject to each of the
22        (1) The maximum period of a term of imprisonment shall
23    consist of the aggregate of the maximums of the imposed
24    indeterminate terms, if any, plus the aggregate of the
25    imposed determinate sentences for felonies, plus the
26    aggregate of the imposed determinate sentences for



SB2021 Engrossed- 10 -LRB100 11420 SLF 21835 b

1    misdemeanors, subject to subsection (f) of this Section.
2        (2) The parole or mandatory supervised release term
3    shall be as provided in paragraph (e) of Section 5-4.5-50
4    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
5    involved.
6        (3) The minimum period of imprisonment shall be the
7    aggregate of the minimum and determinate periods of
8    imprisonment imposed by the court, subject to subsection
9    (f) of this Section.
10        (4) The defendant shall be awarded credit against the
11    aggregate maximum term and the aggregate minimum term of
12    imprisonment for all time served in an institution since
13    the commission of the offense or offenses and as a
14    consequence thereof at the rate specified in Section 3-6-3
15    (730 ILCS 5/3-6-3).
16(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
1797-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.