Bill Text: IL SB1441 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Provides that mandatory consecutive sentencing does not apply to a violation of a condition of electronic home monitoring under the Electronic Monitoring and Home Detention Law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1441 Detail]

Download: Illinois-2017-SB1441-Engrossed.html

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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) 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

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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.
(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,

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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

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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 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

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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. If, however, the defendant is
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 the defendant may be held by
the Department.
(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) 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.
Mandatory consecutive sentencing under this paragraph (8)
does not apply to a violation of a condition of electronic
home monitoring under Section 5-8A-4.1 of this Code, except
upon the third or subsequent conviction, in which mandatory
consecutive sentencing shall be imposed.
(8.5) If a person commits a battery against a county

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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) 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. Mandatory
consecutive sentencing under this paragraph (9) does not
apply to a violation of a condition of electronic home
monitoring under Section 5-8A-4.1 of this Code, except upon
the third or subsequent conviction, in which mandatory
consecutive sentencing shall be imposed.
(10) 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 pre-trial detention in a county jail, the
sentence imposed upon conviction for the offense of
possessing contraband in a penal institution shall be

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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) 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.
(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

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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 (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

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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
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).
(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;

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97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.
1-1-14.)