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Public Act 095-0766 |
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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 Unified Code of Corrections is amended by | ||||
changing Section 5-8-4 as follows:
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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 | ||||
Imprisonment.
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(a) When multiple sentences of imprisonment are imposed on | ||||
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 | ||||
was a violation of Section 32-5.2 of the Criminal
Code of 1961 | ||||
and the offense was committed in attempting or
committing a | ||||
forcible felony,
the court may impose consecutive sentences. | ||||
When a term of imprisonment is imposed on a defendant by an | ||||
Illinois circuit
court and the defendant is subsequently | ||||
sentenced to a term of imprisonment
by another state or by a | ||||
district court of the United States, the Illinois
circuit court | ||||
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 | ||
or district
court of the United States. The defendant must | ||
apply to the circuit court
within 30 days after the defendant's | ||
sentence imposed by the other state
or district of the United | ||
States is finalized.
The court shall impose consecutive | ||
sentences if:
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(i) one of the offenses for which
defendant was | ||
convicted was first degree murder or a Class X or Class 1 | ||
felony
and the
defendant inflicted severe bodily injury, or
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(ii) the defendant was
convicted of a violation of | ||
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 | ||
based upon
the predicate offense of solicitation of murder, | ||
solicitation of murder for
hire, heinous battery, | ||
aggravated battery of a senior citizen, criminal sexual
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assault, a violation of subsection (g) of Section 5 of the | ||
Cannabis Control
Act, cannabis trafficking, a violation of | ||
subsection (a) of Section 401 of
the Illinois Controlled | ||
Substances Act, controlled substance trafficking
involving | ||
a Class X felony amount of controlled substance under | ||
Section 401 of
the Illinois Controlled Substances Act, a | ||
violation of the Methamphetamine Control and Community | ||
Protection Act,
calculated criminal drug conspiracy, or | ||
streetgang criminal drug
conspiracy, or
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(iv) the defendant was convicted of the offense of |
leaving the
scene of a motor vehicle accident involving | ||
death or personal
injuries under Section 11-401 and either: | ||
(A) aggravated driving under the
influence of alcohol, | ||
other drug or drugs, or intoxicating compound
or compounds, | ||
or any combination thereof under Section 11-501 of
the | ||
Illinois Vehicle Code, or (B) reckless homicide under | ||
Section 9-3 of
the Criminal Code of 1961, or both an | ||
offense described in subdivision (A) and
an offense | ||
described in subdivision (B), or | ||
(v) the defendant was convicted of a violation of | ||
Section 9-3.1 (concealment of homicidal death) or Section | ||
12-20.5 (dismembering a human body) of the Criminal Code of | ||
1961,
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in which event the
court shall enter sentences to run | ||
consecutively. Sentences shall
run concurrently unless | ||
otherwise specified by the court.
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(b) Except in cases where consecutive sentences are | ||
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 | ||
public
from further criminal conduct by the defendant, the | ||
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 | ||
sentences shall not exceed the maximum
term authorized |
under Section 5-8-1 for the 2 most serious
felonies | ||
involved. The aggregate minimum period of consecutive
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sentences shall not exceed the highest minimum term | ||
authorized
under Section 5-8-1 for the 2 most serious | ||
felonies involved.
When sentenced only for misdemeanors, a | ||
defendant shall not
be consecutively sentenced to more than | ||
the maximum for one
Class A misdemeanor.
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(2) For sentences imposed under the law
in effect on or | ||
after February 1, 1978, the aggregate
of consecutive | ||
sentences for offenses that were committed as part of a | ||
single
course of conduct during which there was no | ||
substantial change in the nature of
the criminal objective | ||
shall not exceed the sum of the
maximum terms authorized | ||
under Section 5-8-2 for the 2 most
serious felonies | ||
involved, but no such limitation shall apply for offenses
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that were not committed as part of a single course of | ||
conduct during which
there was no substantial change in the | ||
nature of the criminal objective.
When sentenced only for | ||
misdemeanors,
a defendant shall not be consecutively | ||
sentenced to more than
the maximum for one Class A | ||
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 | ||
sentences
of imprisonment, one or more of which is for a | ||
felony, will be
served, the Department of Corrections shall | ||
treat the offender
as though he had been committed for a single | ||
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 | ||
aggregate of the imposed determinate sentences for | ||
misdemeanors
subject to paragraph (c) of this Section;
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(2) the parole or mandatory supervised release term | ||
shall be
as provided in paragraph (e) of Section 5-8-1 of | ||
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 | ||
imprisonment
imposed by the court, subject to paragraph (c) | ||
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 | ||
the
commission of the offense or offenses and as a | ||
consequence
thereof at the rate specified in Section 3-6-3 | ||
of this Code.
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(f) A sentence of an offender committed to the Department | ||
of
Corrections at the time of the commission of the offense |
shall be served
consecutive to the sentence under which he is | ||
held by the Department of
Corrections. However, in case such | ||
offender shall be sentenced to
punishment by death, the | ||
sentence shall be executed at such time as the
court may fix | ||
without regard to the sentence under which such offender
may be | ||
held by the Department.
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(g) A sentence under Section 3-6-4 for escape or attempted | ||
escape
shall be served consecutive to the terms under which the | ||
offender is
held by the Department of Corrections.
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(h) If a person charged with a felony commits a separate | ||
felony while
on pre-trial release or in pretrial detention in a | ||
county jail facility
or county detention facility, the | ||
sentences imposed upon conviction of these
felonies shall be | ||
served consecutively regardless of the order in which the
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judgments of conviction are entered.
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(h-1) If a person commits a battery against a county | ||
correctional officer or sheriff's employee while serving a | ||
sentence or in pretrial detention in a county jail facility, | ||
then the sentence imposed upon conviction of the battery shall | ||
be served consecutively with the sentence imposed upon | ||
conviction of the earlier misdemeanor or felony, regardless of | ||
the order in which the
judgments of conviction are entered.
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(i) If a person admitted to bail following conviction of a | ||
felony
commits a separate felony while free on bond or if a | ||
person detained in a
county jail facility or county detention | ||
facility following conviction of a
felony commits a separate |
felony while in detention, any sentence following
conviction of | ||
the separate felony shall be consecutive to that of the
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original sentence for which the defendant was on bond or | ||
detained.
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(j) If a person is found to be in possession of an item of | ||
contraband, as defined in clause (c)(2) of Section 31A-1.1 of | ||
the Criminal Code of 1961, while serving a sentence in a penal | ||
institution or while in pre-trial detention in a county jail, | ||
the sentence imposed upon conviction for the offense of | ||
possessing contraband in a penal institution shall be served | ||
consecutively to the sentence imposed for the offense in which | ||
the person is serving sentence in the county jail or serving | ||
pretrial detention, regardless of the order in which the | ||
judgments of conviction are entered. | ||
(Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07; | ||
95-379, eff. 8-23-07.)
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