Public Act 095-0766
 
HB5082 Enrolled LRB095 18531 RLC 44617 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-8-4 as follows:
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and Consecutive Terms of
Imprisonment.
    (a) When multiple sentences of imprisonment are imposed on
a defendant at the same time, or when a term of imprisonment is
imposed on a defendant who is already subject to sentence in
this State or in another state, or for a sentence imposed by
any district court of the United States, the sentences shall
run concurrently or consecutively as determined by the court.
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
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:
        (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
        (ii) the defendant was convicted of a violation of
    Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
    1961, or
        (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
    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
        (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,
in which event the court shall enter sentences to run
consecutively. Sentences shall run concurrently unless
otherwise specified by the court.
    (b) Except in cases where consecutive sentences are
mandated, the court shall impose concurrent sentences unless,
having regard to the nature and circumstances of the offense
and the history and character of the defendant, it is of the
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.
    (c) (1) For sentences imposed under law in effect prior to
    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
    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.
        (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
    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.
    (d) An offender serving a sentence for a misdemeanor who is
convicted of a felony and sentenced to imprisonment shall be
transferred to the Department of Corrections, and the
misdemeanor sentence shall be merged in and run concurrently
with the felony sentence.
    (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:
        (1) the maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies plus the
    aggregate of the imposed determinate sentences for
    misdemeanors subject to paragraph (c) of this Section;
        (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;
        (3) the minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to paragraph (c)
    of this Section; and
        (4) the offender shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    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.
    (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.
    (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.
    (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
judgments of conviction are entered.
    (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.
    (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
original sentence for which the defendant was on bond or
detained.
    (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.)

Effective Date: 1/1/2009