Full Text of SB2971 94th General Assembly
SB2971eng 94TH GENERAL ASSEMBLY
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LRB094 19092 RLC 54602 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 32-5 and 32-5.2 as follows:
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| (720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
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| Sec. 32-5. False
personation of attorney, judicial, or | 8 |
| governmental officials.
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| (a) A person who falsely represents himself or herself to | 10 |
| be an attorney
authorized to practice law for purposes of | 11 |
| compensation or consideration
commits a Class 4 felony. This | 12 |
| subsection (a) does not apply to a person who
unintentionally | 13 |
| fails to pay attorney registration fees established by Supreme
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| Court Rule.
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| (b) A person who falsely represents himself or herself to | 16 |
| be a public
officer or a public employee or an official or | 17 |
| employee of the federal government commits a Class B
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| misdemeanor.
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| (Source: P.A. 90-293, eff. 1-1-98.)
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| (720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
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| Sec. 32-5.2. Aggravated False Personation of a Peace | 22 |
| Officer. A person who knowingly and falsely
represents himself | 23 |
| or herself to be a peace officer of any
jurisdiction in | 24 |
| attempting or committing a felony commits a Class 2
3 felony. A | 25 |
| person who knowingly and falsely
represents himself or herself | 26 |
| to be a peace officer of any
jurisdiction in attempting or | 27 |
| committing a forcible felony commits a Class 1 felony.
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| (Source: P.A. 85-741.)
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| Section 10. The Unified Code of Corrections is amended by | 30 |
| changing Section 5-8-4 as follows:
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LRB094 19092 RLC 54602 b |
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| (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
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| Sec. 5-8-4. Concurrent and Consecutive Terms of | 3 |
| Imprisonment.
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| (a) When multiple sentences of imprisonment are imposed on | 5 |
| a
defendant at the same time, or when a term of imprisonment is
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| imposed on a defendant who is already subject to sentence in
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| this State or in another state, or for a sentence imposed by
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| any district court of the United States, the sentences shall
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| run concurrently or consecutively as determined by the court.
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| When one of the offenses for which a defendant was
convicted | 11 |
| was a violation of Section 32-5.2 of the Criminal
Code of 1961 | 12 |
| and the offense was committed in attempting or
committing a | 13 |
| forcible felony,
the court may impose consecutive sentences. | 14 |
| When a term of imprisonment is imposed on a defendant by an | 15 |
| Illinois circuit
court and the defendant is subsequently | 16 |
| sentenced to a term of imprisonment
by another state or by a | 17 |
| district court of the United States, the Illinois
circuit court | 18 |
| which imposed the sentence may order that the Illinois sentence
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| be made concurrent with the sentence imposed by the other state | 20 |
| or district
court of the United States. The defendant must | 21 |
| apply to the circuit court
within 30 days after the defendant's | 22 |
| sentence imposed by the other state
or district of the United | 23 |
| States is finalized.
The court shall impose consecutive | 24 |
| sentences if:
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| (i) one of the offenses for which
defendant was | 26 |
| convicted was first degree murder or a Class X or Class 1 | 27 |
| felony
and the
defendant inflicted severe bodily injury, or
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| (ii) the defendant was
convicted of a violation of | 29 |
| Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
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| 1961, or
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| (iii) the defendant was convicted of armed violence | 32 |
| based upon
the predicate offense of solicitation of murder, | 33 |
| solicitation of murder for
hire, heinous battery, | 34 |
| aggravated battery of a senior citizen, criminal sexual
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| assault, a violation of subsection (g) of Section 5 of the |
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| Cannabis Control
Act, cannabis trafficking, a violation of | 2 |
| subsection (a) of Section 401 of
the Illinois Controlled | 3 |
| Substances Act, controlled substance trafficking
involving | 4 |
| a Class X felony amount of controlled substance under | 5 |
| Section 401 of
the Illinois Controlled Substances Act, a | 6 |
| violation of the Methamphetamine Control and Community | 7 |
| Protection Act,
calculated criminal drug conspiracy, or | 8 |
| streetgang criminal drug
conspiracy, or
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| (iv) the defendant was convicted of the offense of | 10 |
| leaving the
scene of a motor vehicle accident involving | 11 |
| death or personal
injuries under Section 11-401 and either: | 12 |
| (A) aggravated driving under the
influence of alcohol, | 13 |
| other drug or drugs, or intoxicating compound
or compounds, | 14 |
| or any combination thereof under Section 11-501 of
the | 15 |
| Illinois Vehicle Code, or (B) reckless homicide under | 16 |
| Section 9-3 of
the Criminal Code of 1961, or both an | 17 |
| offense described in subdivision (A) and
an offense | 18 |
| described in subdivision (B), or | 19 |
| (v) the defendant was convicted of a violation of | 20 |
| Section 9-3.1 (concealment of homicidal death) or Section | 21 |
| 12-20.5 (dismembering a human body) of the Criminal Code of | 22 |
| 1961,
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| in which event the
court shall enter sentences to run | 24 |
| consecutively. Sentences shall
run concurrently unless | 25 |
| otherwise specified by the court.
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| (b) Except in cases where consecutive sentences are | 27 |
| mandated, the court
shall impose concurrent sentences unless,
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| having regard to the nature and circumstances of the offense
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| and the history and character of the defendant, it is of the
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| opinion that consecutive sentences are required to
protect the | 31 |
| public
from further criminal conduct by the defendant, the | 32 |
| basis for
which the court shall set forth in the record.
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| (c) (1) For sentences imposed under law in effect prior to
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| February 1, 1978 the aggregate
maximum of consecutive | 35 |
| sentences shall not exceed the maximum
term authorized | 36 |
| under Section 5-8-1 for the 2 most serious
felonies |
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| involved. The aggregate minimum period of consecutive
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| sentences shall not exceed the highest minimum term | 3 |
| authorized
under Section 5-8-1 for the 2 most serious | 4 |
| felonies involved.
When sentenced only for misdemeanors, a | 5 |
| defendant shall not
be consecutively sentenced to more than | 6 |
| the maximum for one
Class A misdemeanor.
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| (2) For sentences imposed under the law
in effect on or | 8 |
| after February 1, 1978, the aggregate
of consecutive | 9 |
| sentences for offenses that were committed as part of a | 10 |
| single
course of conduct during which there was no | 11 |
| substantial change in the nature of
the criminal objective | 12 |
| shall not exceed the sum of the
maximum terms authorized | 13 |
| under Section 5-8-2 for the 2 most
serious felonies | 14 |
| involved, but no such limitation shall apply for offenses
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| that were not committed as part of a single course of | 16 |
| conduct during which
there was no substantial change in the | 17 |
| nature of the criminal objective.
When sentenced only for | 18 |
| misdemeanors,
a defendant shall not be consecutively | 19 |
| sentenced to more than
the maximum for one Class A | 20 |
| misdemeanor.
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| (d) An offender serving a sentence for a misdemeanor who is
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| convicted of a felony and sentenced to imprisonment shall be
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| transferred to the Department of Corrections, and the
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| misdemeanor sentence shall be merged in and run concurrently
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| with the felony sentence.
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| (e) In determining the manner in which consecutive | 27 |
| sentences
of imprisonment, one or more of which is for a | 28 |
| felony, will be
served, the Department of Corrections shall | 29 |
| treat the offender
as though he had been committed for a single | 30 |
| term with the
following incidents:
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| (1) the maximum period of a term of imprisonment shall
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| consist of the aggregate of the maximums of the imposed
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| indeterminate terms, if any, plus the aggregate of the
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| imposed determinate sentences for felonies plus
the | 35 |
| aggregate of the imposed determinate sentences for | 36 |
| misdemeanors
subject to paragraph (c) of this Section;
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| (2) the parole or mandatory supervised release term | 2 |
| shall be
as provided in paragraph (e) of Section 5-8-1 of | 3 |
| this Code for
the most serious of the offenses involved;
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| (3) the minimum period of imprisonment shall be the
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| aggregate of the minimum and determinate periods of | 6 |
| imprisonment
imposed by the court, subject to paragraph (c) | 7 |
| of this Section; and
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| (4) the offender shall be awarded credit against the
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| aggregate maximum term and the aggregate minimum term of
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| imprisonment for all time served in an institution since | 11 |
| the
commission of the offense or offenses and as a | 12 |
| consequence
thereof at the rate specified in Section 3-6-3 | 13 |
| of this Code.
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| (f) A sentence of an offender committed to the Department | 15 |
| of
Corrections at the time of the commission of the offense | 16 |
| shall be served
consecutive to the sentence under which he is | 17 |
| held by the Department of
Corrections. However, in case such | 18 |
| offender shall be sentenced to
punishment by death, the | 19 |
| sentence shall be executed at such time as the
court may fix | 20 |
| without regard to the sentence under which such offender
may be | 21 |
| held by the Department.
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| (g) A sentence under Section 3-6-4 for escape or attempted | 23 |
| escape
shall be served consecutive to the terms under which the | 24 |
| offender is
held by the Department of Corrections.
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| (h) If a person charged with a felony commits a separate | 26 |
| felony while
on pre-trial release or in pretrial detention in a | 27 |
| county jail facility
or county detention facility, the | 28 |
| sentences imposed upon conviction of these
felonies shall be | 29 |
| served consecutively regardless of the order in which the
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| judgments of conviction are entered.
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| (i) If a person admitted to bail following conviction of a | 32 |
| felony
commits a separate felony while free on bond or if a | 33 |
| person detained in a
county jail facility or county detention | 34 |
| facility following conviction of a
felony commits a separate | 35 |
| felony while in detention, any sentence following
conviction of | 36 |
| the separate felony shall be consecutive to that of the
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LRB094 19092 RLC 54602 b |
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| original sentence for which the defendant was on bond or | 2 |
| detained.
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| (Source: P.A. 93-160, eff. 7-10-03; 93-768, eff. 7-20-04; | 4 |
| 94-556, eff. 9-11-05.)
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