Illinois General Assembly - Full Text of SB2021
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Full Text of SB2021  100th General Assembly


Sen. Michael E. Hastings

Filed: 5/19/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 2021, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Code of Criminal Procedure of 1963 is
6amended by changing Section 110-14 as follows:
7    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
8    Sec. 110-14. Credit for Incarceration on Bailable Offense.
9    (a) Any person incarcerated on a bailable offense who does
10not supply bail and against whom a fine is levied on conviction
11of the such offense shall be allowed a credit of $30 $5 for
12each day so incarcerated upon application of the defendant.
13However, in no case shall the amount so allowed or credited
14exceed the amount of the fine.
15    (b) Subsection (a) does not apply to a person incarcerated
16for sexual assault as defined in paragraph (1) of subsection



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1(a) of Section 5-9-1.7 of the Unified Code of Corrections.
2(Source: P.A. 93-699, eff. 1-1-05.)
3    Section 10. The Unified Code of Corrections is amended by
4changing Section 5-8-4 as follows:
5    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
6    Sec. 5-8-4. Concurrent and consecutive terms of
8    (a) Concurrent terms; multiple or additional sentences.
9When an Illinois court (i) imposes multiple sentences of
10imprisonment on a defendant at the same time or (ii) imposes a
11sentence of imprisonment on a defendant who is already subject
12to a sentence of imprisonment imposed by an Illinois court, a
13court of another state, or a federal court, then the sentences
14shall run concurrently unless otherwise determined by the
15Illinois court under this Section.
16    (b) Concurrent terms; misdemeanor and felony. A defendant
17serving a sentence for a misdemeanor who is convicted of a
18felony and sentenced to imprisonment shall be transferred to
19the Department of Corrections, and the misdemeanor sentence
20shall be merged in and run concurrently with the felony
22    (c) Consecutive terms; permissive. The court may impose
23consecutive sentences in any of the following circumstances:
24        (1) If, having regard to the nature and circumstances



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1    of the offense and the history and character of the
2    defendant, it is the opinion of the court that consecutive
3    sentences are required to protect the public from further
4    criminal conduct by the defendant, the basis for which the
5    court shall set forth in the record.
6        (2) If one of the offenses for which a defendant was
7    convicted was a violation of Section 32-5.2 (aggravated
8    false personation of a peace officer) of the Criminal Code
9    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
10    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
11    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
12    offense was committed in attempting or committing a
13    forcible felony.
14    (d) Consecutive terms; mandatory. The court shall impose
15consecutive sentences in each of the following circumstances:
16        (1) One of the offenses for which the defendant was
17    convicted was first degree murder or a Class X or Class 1
18    felony and the defendant inflicted severe bodily injury.
19        (2) The defendant was convicted of a violation of
20    Section 11-1.20 or 12-13 (criminal sexual assault),
21    11-1.30 or 12-14 (aggravated criminal sexual assault), or
22    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
23    child) of the Criminal Code of 1961 or the Criminal Code of
24    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
25    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
26    5/12-14.1).



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1        (2.5) The defendant was convicted of a violation of
2    paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)
3    of Section 11-20.1 (child pornography) or of paragraph (1),
4    (2), (3), (4), (5), or (7) of subsection (a) of Section
5    11-20.1B or 11-20.3 (aggravated child pornography) of the
6    Criminal Code of 1961 or the Criminal Code of 2012; or the
7    defendant was convicted of a violation of paragraph (6) of
8    subsection (a) of Section 11-20.1 (child pornography) or of
9    paragraph (6) of subsection (a) of Section 11-20.1B or
10    11-20.3 (aggravated child pornography) of the Criminal
11    Code of 1961 or the Criminal Code of 2012, when the child
12    depicted is under the age of 13.
13        (3) The defendant was convicted of armed violence based
14    upon the predicate offense of any of the following:
15    solicitation of murder, solicitation of murder for hire,
16    heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05, aggravated battery
18    of a senior citizen as described in Section 12-4.6 or
19    subdivision (a)(4) of Section 12-3.05, criminal sexual
20    assault, a violation of subsection (g) of Section 5 of the
21    Cannabis Control Act (720 ILCS 550/5), cannabis
22    trafficking, a violation of subsection (a) of Section 401
23    of the Illinois Controlled Substances Act (720 ILCS
24    570/401), controlled substance trafficking involving a
25    Class X felony amount of controlled substance under Section
26    401 of the Illinois Controlled Substances Act (720 ILCS



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1    570/401), a violation of the Methamphetamine Control and
2    Community Protection Act (720 ILCS 646/), calculated
3    criminal drug conspiracy, or streetgang criminal drug
4    conspiracy.
5        (4) The defendant was convicted of the offense of
6    leaving the scene of a motor vehicle accident involving
7    death or personal injuries under Section 11-401 of the
8    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
9    aggravated driving under the influence of alcohol, other
10    drug or drugs, or intoxicating compound or compounds, or
11    any combination thereof under Section 11-501 of the
12    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
13    homicide under Section 9-3 of the Criminal Code of 1961 or
14    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
15    offense described in item (A) and an offense described in
16    item (B).
17        (5) The defendant was convicted of a violation of
18    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
19    death) or Section 12-20.5 (dismembering a human body) of
20    the Criminal Code of 1961 or the Criminal Code of 2012 (720
21    ILCS 5/9-3.1 or 5/12-20.5).
22        (5.5) The defendant was convicted of a violation of
23    Section 24-3.7 (use of a stolen firearm in the commission
24    of an offense) of the Criminal Code of 1961 or the Criminal
25    Code of 2012.
26        (6) If the defendant was in the custody of the



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1    Department of Corrections at the time of the commission of
2    the offense, the sentence shall be served consecutive to
3    the sentence under which the defendant is held by the
4    Department of Corrections. If, however, the defendant is
5    sentenced to punishment by death, the sentence shall be
6    executed at such time as the court may fix without regard
7    to the sentence under which the defendant may be held by
8    the Department.
9        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
10    for escape or attempted escape shall be served consecutive
11    to the terms under which the offender is held by the
12    Department of Corrections.
13        (8) If a person charged with a felony commits a
14    separate felony while on pretrial release or in pretrial
15    detention in a county jail facility or county detention
16    facility, then the sentences imposed upon conviction of
17    these felonies shall be served consecutively regardless of
18    the order in which the judgments of conviction are entered.
19    Mandatory consecutive sentencing under this paragraph (8)
20    does not apply to a violation of a condition of electronic
21    home monitoring under Section 5-8A-4.1 of this Code, except
22    upon the third or subsequent conviction, in which mandatory
23    consecutive sentencing shall be imposed.
24        (8.5) If a person commits a battery against a county
25    correctional officer or sheriff's employee while serving a
26    sentence or in pretrial detention in a county jail



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



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1    county jail or serving pretrial detention, regardless of
2    the order in which the judgments of conviction are entered.
3        (11) If a person is sentenced for a violation of bail
4    bond under Section 32-10 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, any sentence imposed for that
6    violation shall be served consecutive to the sentence
7    imposed for the charge for which bail had been granted and
8    with respect to which the defendant has been convicted.
9    (e) Consecutive terms; subsequent non-Illinois term. If an
10Illinois court has imposed a sentence of imprisonment on a
11defendant and the defendant is subsequently sentenced to a term
12of imprisonment by a court of another state or a federal court,
13then the Illinois sentence shall run consecutively to the
14sentence imposed by the court of the other state or the federal
15court. That same Illinois court, however, may order that the
16Illinois sentence run concurrently with the sentence imposed by
17the court of the other state or the federal court, but only if
18the defendant applies to that same Illinois court within 30
19days after the sentence imposed by the court of the other state
20or the federal court is finalized.
21    (f) Consecutive terms; aggregate maximums and minimums.
22The aggregate maximum and aggregate minimum of consecutive
23sentences shall be determined as follows:
24        (1) For sentences imposed under law in effect prior to
25    February 1, 1978, the aggregate maximum of consecutive
26    sentences shall not exceed the maximum term authorized



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1    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
2    Chapter V for the 2 most serious felonies involved. The
3    aggregate minimum period of consecutive sentences shall
4    not exceed the highest minimum term authorized under
5    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
6    V for the 2 most serious felonies involved. When sentenced
7    only for misdemeanors, a defendant shall not be
8    consecutively sentenced to more than the maximum for one
9    Class A misdemeanor.
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 Article 4.5 of Chapter V for the 2 most serious
17    felonies involved, but no such limitation shall apply for
18    offenses that were not committed as part of a single course
19    of conduct during which there was no substantial change in
20    the nature of the criminal objective. When sentenced only
21    for misdemeanors, a defendant shall not be consecutively
22    sentenced to more than the maximum for one Class A
23    misdemeanor.
24    (g) Consecutive terms; manner served. In determining the
25manner in which consecutive sentences of imprisonment, one or
26more of which is for a felony, will be served, the Department



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1of Corrections shall treat the defendant as though he or she
2had been committed for a single term subject to each of the
4        (1) The maximum period of a term of imprisonment shall
5    consist of the aggregate of the maximums of the imposed
6    indeterminate terms, if any, plus the aggregate of the
7    imposed determinate sentences for felonies, plus the
8    aggregate of the imposed determinate sentences for
9    misdemeanors, subject to subsection (f) of this Section.
10        (2) The parole or mandatory supervised release term
11    shall be as provided in paragraph (e) of Section 5-4.5-50
12    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
13    involved.
14        (3) The minimum period of imprisonment shall be the
15    aggregate of the minimum and determinate periods of
16    imprisonment imposed by the court, subject to subsection
17    (f) of this Section.
18        (4) The defendant shall be awarded credit against the
19    aggregate maximum term and the aggregate minimum term of
20    imprisonment for all time served in an institution since
21    the commission of the offense or offenses and as a
22    consequence thereof at the rate specified in Section 3-6-3
23    (730 ILCS 5/3-6-3).
24(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.