Bill Text: IL HB4049 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2023-05-02 - Added Co-Sponsor Rep. Martin McLaughlin [HB4049 Detail]

Download: Illinois-2023-HB4049-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4049 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5 from Ch. 38, par. 110-5
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.
LRB103 31722 RLC 60304 b
A BILL FOR
HB4049 LRB103 31722 RLC 60304 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 Code of Criminal Procedure of 1963 is
amended by changing Section 110-5 as follows:
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining which conditions of pretrial release,
if any, will reasonably ensure the appearance of a defendant
as required or the safety of any other person or the community
and the likelihood of compliance by the defendant with all the
conditions of pretrial release, the court shall, on the basis
of available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the defendant,
except that the court may consider the admissibility of
any evidence sought to be excluded;
(3) the history and characteristics of the defendant,
including:
(A) the defendant's character, physical and mental
condition, family ties, employment, financial

HB4049 - 2 - LRB103 31722 RLC 60304 b
resources, length of residence in the community,
community ties, past relating to drug or alcohol
abuse, conduct, history criminal history, and record
concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the defendant was on probation, parole, or on
other release pending trial, sentencing, appeal, or
completion of sentence for an offense under federal
law, or the law of this or any other state;
(4) the nature and seriousness of the real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, that would be posed by the defendant's release, if
applicable, as required under paragraph (7.5) of Section 4
of the Rights of Crime Victims and Witnesses Act;
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the defendant's release, if
applicable;
(6) when a person is charged with a violation of a
protective order, domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful
restraint, aggravated unlawful restraint, cyberstalking,
harassment by telephone, harassment through electronic
communications, or an attempt to commit first degree
murder committed against a spouse or a current or former

HB4049 - 3 - LRB103 31722 RLC 60304 b
partner in a cohabitation or dating relationship,
regardless of whether an order of protection has been
issued against the person, the court may consider the
following additional factors:
(A) whether the alleged incident involved
harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(B) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act of 1986, or a history of other criminal acts;
(C) the mental health of the person;
(D) whether the person has a history of violating
the orders of any court or governmental entity;
(E) whether the person has been, or is,
potentially a threat to any other person;
(F) whether the person has access to deadly
weapons or a history of using deadly weapons;
(G) whether the person has a history of abusing
alcohol or any controlled substance;
(H) the severity of the alleged incident that is
the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a
weapon, physical injury, sexual assault,
strangulation, abuse during the alleged victim's
pregnancy, abuse of pets, or forcible entry to gain

HB4049 - 4 - LRB103 31722 RLC 60304 b
access to the alleged victim;
(I) whether a separation of the person from the
victim of abuse or a termination of the relationship
between the person and the victim of abuse has
recently occurred or is pending;
(J) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance,
or isolation of the victim of abuse or the victim's
family member or members;
(K) whether the person has expressed suicidal or
homicidal ideations; and
(L) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(7) in cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the factors listed in paragraph (6) and
the following additional factors:
(A) any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior; the evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings;

HB4049 - 5 - LRB103 31722 RLC 60304 b
(B) any evidence of the defendant's psychological,
psychiatric, or other similar social history that
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history;
(C) the nature of the threat that is the basis of
the charge against the defendant;
(D) any statements made by, or attributed to, the
defendant, together with the circumstances surrounding
them;
(E) the age and physical condition of any person
allegedly assaulted by the defendant;
(F) whether the defendant is known to possess or
have access to any weapon or weapons; and
(G) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(b) The court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided under Section 110-6.4. If a
risk assessment tool is used, the defendant's counsel shall be
provided with the information and scoring system of the risk
assessment tool used to arrive at the determination. The
defendant retains the right to challenge the validity of a
risk assessment tool used by the court and to present evidence
relevant to the defendant's challenge.

HB4049 - 6 - LRB103 31722 RLC 60304 b
(c) The court shall impose any conditions that are
mandatory under subsection (a) of Section 110-10. The court
may impose any conditions that are permissible under
subsection (b) of Section 110-10. The conditions of release
imposed shall be the least restrictive conditions or
combination of conditions necessary to reasonably ensure the
appearance of the defendant as required or the safety of any
other person or persons or the community.
(d) When a person is charged with a violation of a
protective order, the court may order the defendant placed
under electronic surveillance as a condition of pretrial
release, as provided in Section 5-8A-7 of the Unified Code of
Corrections, based on the information collected under
paragraph (6) of subsection (a) of this Section, the results
of any assessment conducted, or other circumstances of the
violation.
(e) If a person remains in pretrial detention 48 hours
after having been ordered released with pretrial conditions,
the court shall hold a hearing to determine the reason for
continued detention. If the reason for continued detention is
due to the unavailability or the defendant's ineligibility for
one or more pretrial conditions previously ordered by the
court or directed by a pretrial services agency, the court
shall reopen the conditions of release hearing to determine
what available pretrial conditions exist that will reasonably
ensure the appearance of a defendant as required, the safety

HB4049 - 7 - LRB103 31722 RLC 60304 b
of any other person, and the likelihood of compliance by the
defendant with all the conditions of pretrial release. The
inability of the defendant to pay for a condition of release or
any other ineligibility for a condition of pretrial release
shall not be used as a justification for the pretrial
detention of that defendant.
(f) Prior to the defendant's first appearance, and with
sufficient time for meaningful attorney-client contact to
gather information in order to advocate effectively for the
defendant's pretrial release, the court shall appoint the
public defender or a licensed attorney at law of this State to
represent the defendant for purposes of that hearing, unless
the defendant has obtained licensed counsel. Defense counsel
shall have access to the same documentary information relied
upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant
before the court, the judge must find that the current
conditions imposed are necessary to reasonably ensure the
appearance of the defendant as required, the safety of any
other person, and the compliance of the defendant with all the
conditions of pretrial release. The court is not required to
be presented with new information or a change in circumstance
to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a condition of pretrial
release if a no less restrictive condition of release or

HB4049 - 8 - LRB103 31722 RLC 60304 b
combination of less restrictive condition of release would
reasonably ensure the appearance of the defendant for later
hearings or protect an identifiable person or persons from
imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement, the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
home confinement, at the same rate described in subsection (b)
of Section 5-4.5-100 of the Unified Code of Corrections. The
court may give custodial credit to a defendant for each day the
defendant was subjected to GPS monitoring without home
confinement or electronic monitoring without home confinement.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical
harm. If the court finds that there are less restrictive
conditions of release, the court shall order that the
condition be removed. This subsection takes effect January 1,
2022.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)

HB4049 - 9 - LRB103 31722 RLC 60304 b
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(k) The State and defendants may appeal court orders
imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
1-1-23.)
Section 10. 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)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a

HB4049 - 10 - LRB103 31722 RLC 60304 b
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.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court 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.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are

HB4049 - 11 - LRB103 31722 RLC 60304 b
entered.
(4) 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 may 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.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial 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,
then any sentence following conviction of the separate
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of

HB4049 - 12 - LRB103 31722 RLC 60304 b
the order in which the judgments of conviction are
entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of

HB4049 - 13 - LRB103 31722 RLC 60304 b
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.

HB4049 - 14 - LRB103 31722 RLC 60304 b
(4) 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 of the
Illinois Vehicle Code (625 ILCS 5/11-401) 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 (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections.

HB4049 - 15 - LRB103 31722 RLC 60304 b
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive

HB4049 - 16 - LRB103 31722 RLC 60304 b
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V 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 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V 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 Article 4.5 of Chapter V 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.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or

HB4049 - 17 - LRB103 31722 RLC 60304 b
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(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 subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) 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 subsection
(f) of this Section.
(4) The defendant 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
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code

HB4049 - 18 - LRB103 31722 RLC 60304 b
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
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.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive

HB4049 - 19 - LRB103 31722 RLC 60304 b
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.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) (Blank). If a person charged with a felony commits
a separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(4) (Blank). 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 may 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.

HB4049 - 20 - LRB103 31722 RLC 60304 b
(5) (Blank). If a person admitted to pretrial release
following conviction of a felony commits a separate felony
while released pretrial 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, then any sentence following conviction
of the separate felony may be consecutive to that of the
original sentence for which the defendant was released
pretrial or detained.
(6) (Blank). If a person is found to be in possession
of an item of contraband, as defined in Section 31A-0.1 of
the Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(7) (Blank). If a person is sentenced for a violation
of a condition of pretrial release under Section 32-10 of
the Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect

HB4049 - 21 - LRB103 31722 RLC 60304 b
to which the defendant has been convicted.
(8.1) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(8.2) 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.
(9.1) 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,
then 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.
(10.1) If a person is found to be in possession of an
item of contraband, as defined in Section 31A-0.1 of the

HB4049 - 22 - LRB103 31722 RLC 60304 b
Criminal Code of 2012, while serving a sentence in a
county jail 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.
(11.1) If a person is sentenced for a violation of
bail bond under Section 32-10 of the Criminal Code of 1961
or the Criminal Code of 2012, any sentence imposed for
that violation shall be served consecutive to the sentence
imposed for the charge for which bail had been granted and
with respect to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

HB4049 - 23 - LRB103 31722 RLC 60304 b
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a

HB4049 - 24 - LRB103 31722 RLC 60304 b
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle crash involving death
or personal injuries under Section 11-401 of the Illinois
Vehicle Code (625 ILCS 5/11-401) 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 (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal

HB4049 - 25 - LRB103 31722 RLC 60304 b
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the

HB4049 - 26 - LRB103 31722 RLC 60304 b
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(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 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V 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 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V 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 Article 4.5 of Chapter V 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

HB4049 - 27 - LRB103 31722 RLC 60304 b
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.
(g) Consecutive terms; manner served. 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 defendant as though he or she
had been committed for a single term subject to each of the
following:
(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 subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) 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 subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of

HB4049 - 28 - LRB103 31722 RLC 60304 b
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
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
102-1104, eff. 12-6-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.