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90_HB2170
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Unified Code of Corrections. Provides that the
court shall not impose a consecutive sentence upon a
defendant for offenses that were committed as part of a
single course of conduct unless one of the offenses was
against multiple victims or involved multiple offenses
against the same victim over different occasions. Effective
immediately.
LRB9004400RCpcA
LRB9004400RCpcA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-8-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-8-4 as follows:
7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
8 Sec. 5-8-4. Concurrent and Consecutive Terms of
9 Imprisonment.
10 (a) When multiple sentences of imprisonment are imposed
11 on a defendant at the same time, or when a term of
12 imprisonment is imposed on a defendant who is already subject
13 to sentence in this State or in another state, or for a
14 sentence imposed by any district court of the United States,
15 the sentences shall run concurrently or consecutively as
16 determined by the court. When a term of imprisonment is
17 imposed on a defendant by an Illinois circuit court and the
18 defendant is subsequently sentenced to a term of imprisonment
19 by another state or by a district court of the United States,
20 the Illinois circuit court which imposed the sentence may
21 order that the Illinois sentence be made concurrent with the
22 sentence imposed by the other state or district court of the
23 United States. The defendant must apply to the circuit court
24 within 30 days after the defendant's sentence imposed by the
25 other state or district of the United States is finalized.
26 The court shall not impose consecutive sentences for offenses
27 which were committed as part of a single course of conduct
28 during which there was no substantial change in the nature of
29 the criminal objective, unless, one of the offenses for which
30 defendant was convicted was against multiple victims or
31 involved multiple offenses against the same victim over
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1 different occasions; and when factors listed in clause (i) or
2 (ii) are present: (i) the offense was a Class X or Class 1
3 felony and the defendant inflicted severe bodily injury, or
4 (ii) where the defendant was convicted of a violation of
5 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
6 1961, in which event the court shall enter sentences to run
7 consecutively. Sentences shall run concurrently unless
8 otherwise specified by the court.
9 (b) The court shall not impose a consecutive sentence
10 except as provided for in subsection (a) unless, having
11 regard to the nature and circumstances of the offense and the
12 history and character of the defendant, it is of the opinion
13 that such a term is required to protect the public from
14 further criminal conduct by the defendant, the basis for
15 which the court shall set forth in the record.
16 (c) (1) For sentences imposed under law in effect prior
17 to February 1, 1978 the aggregate maximum of consecutive
18 sentences shall not exceed the maximum term authorized
19 under Section 5-8-1 for the 2 most serious felonies
20 involved. The aggregate minimum period of consecutive
21 sentences shall not exceed the highest minimum term
22 authorized under Section 5-8-1 for the 2 most serious
23 felonies involved. When sentenced only for misdemeanors,
24 a defendant shall not be consecutively sentenced to more
25 than the maximum for one Class A misdemeanor.
26 (2) For sentences imposed under the law in effect
27 on or after February 1, 1978, the aggregate of
28 consecutive sentences shall not exceed the sum of the
29 maximum terms authorized under Section 5-8-2 for the 2
30 most serious felonies involved. When sentenced only for
31 misdemeanors, a defendant shall not be consecutively
32 sentenced to more than the maximum for one Class A
33 misdemeanor.
34 (d) An offender serving a sentence for a misdemeanor who
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1 is convicted of a felony and sentenced to imprisonment shall
2 be transferred to the Department of Corrections, and the
3 misdemeanor sentence shall be merged in and run concurrently
4 with the felony sentence.
5 (e) In determining the manner in which consecutive
6 sentences of imprisonment, one or more of which is for a
7 felony, will be served, the Department of Corrections shall
8 treat the offender as though he had been committed for a
9 single term with the following incidents:
10 (1) the maximum period of a term of imprisonment
11 shall consist of the aggregate of the maximums of the
12 imposed indeterminate terms, if any, plus the aggregate
13 of the imposed determinate sentences for felonies plus
14 the aggregate of the imposed determinate sentences for
15 misdemeanors subject to paragraph (c) of this Section;
16 (2) the parole or mandatory supervised release term
17 shall be as provided in paragraph (e) of Section 5-8-1 of
18 this Code for the most serious of the offenses involved;
19 (3) the minimum period of imprisonment shall be the
20 aggregate of the minimum and determinate periods of
21 imprisonment imposed by the court, subject to paragraph
22 (c) of this Section; and
23 (4) the offender shall be awarded credit against
24 the aggregate maximum term and the aggregate minimum term
25 of imprisonment for all time served in an institution
26 since the commission of the offense or offenses and as a
27 consequence thereof at the rate specified in Section
28 3-6-3 of this Code.
29 (f) A sentence of an offender committed to the
30 Department of Corrections at the time of the commission of
31 the offense shall be served consecutive to the sentence under
32 which he is held by the Department of Corrections. However,
33 in case such offender shall be sentenced to punishment by
34 death, the sentence shall be executed at such time as the
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1 court may fix without regard to the sentence under which such
2 offender may be held by the Department.
3 (g) A sentence under Section 3-6-4 for escape or
4 attempted escape shall be served consecutive to the terms
5 under which the offender is held by the Department of
6 Corrections.
7 (h) If a person charged with a felony commits a separate
8 felony while on pre-trial release or in pretrial detention in
9 a county jail facility or county detention facility, the
10 sentences imposed upon conviction of these felonies shall be
11 served consecutively regardless of the order in which the
12 judgments of conviction are entered.
13 (i) If a person admitted to bail following conviction of
14 a felony commits a separate felony while free on bond or if a
15 person detained in a county jail facility or county detention
16 facility following conviction of a felony commits a separate
17 felony while in detention, any sentence following conviction
18 of the separate felony shall be consecutive to that of the
19 original sentence for which the defendant was on bond or
20 detained.
21 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.