Sen. Michael E. Hastings
Filed: 5/18/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 2021 




2 AMENDMENT NO. ______. Amend Senate Bill 2021, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Code of Criminal Procedure of 1963 is 
6amended by changing Section 110-14 as follows:




7 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)



8 Sec. 110-14. Credit for Incarceration on Bailable Offense. 
9 (a) Any person incarcerated on a bailable offense who does 
10not supply
bail and against whom a fine is levied on conviction 
11of the such offense
shall be allowed a credit of $30 $5 for 
12each day so incarcerated upon application
of the defendant. 
13However,
in no case shall the amount so allowed or
credited 
14exceed the amount of the fine.
15 (b) Subsection (a) does not apply to a person incarcerated 
16for sexual assault as defined in paragraph (1) of subsection 
 
 
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1(a) of Section 5-9-1.7 of the Unified Code of Corrections.


2(Source: P.A. 93-699, eff. 1-1-05.)



3 Section 10. The Unified Code of Corrections is amended by 
4changing Section 5-8-4 as follows:



5 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)


6 Sec. 5-8-4. Concurrent and consecutive terms of 
7imprisonment. 

8 (a) Concurrent terms; multiple or additional sentences. 
9When an Illinois court (i) imposes multiple sentences of 
10imprisonment on a defendant at the same time or (ii) imposes a 
11sentence of imprisonment on a defendant who is already subject 
12to a sentence of imprisonment imposed by an Illinois court, a 
13court of another state, or a federal court, then the sentences 
14shall run concurrently unless otherwise determined by the 
15Illinois court under this Section.
16 (b) Concurrent terms; misdemeanor and felony. A defendant 
17serving a sentence for a
misdemeanor who is convicted of a 
18felony and sentenced to imprisonment shall be transferred to 
19the Department of Corrections, and the misdemeanor sentence 
20shall be merged in and run concurrently with the felony 
21sentence.
22 (c) Consecutive terms; permissive. The court may impose 
23consecutive sentences in any of the following circumstances:
24  (1) If, having regard to the nature and circumstances 
 
 
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1 of the offense and the history
and character of the 
2 defendant, it is the opinion of the court that consecutive 
3 sentences are
required to protect the public from further 
4 criminal conduct by the defendant, the basis for which the 
5 court shall set forth in the record.
6  (2) If one of the offenses for which a defendant was 
7 convicted was a violation of
Section 32-5.2 (aggravated 
8 false personation of a peace officer) of the Criminal Code 
9 of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision 
10 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 
11 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the 
12 offense was committed in attempting or committing a 
13 forcible felony.

14 (d) Consecutive terms; mandatory. The court shall impose 
15consecutive sentences in each of the following circumstances:
16  (1) One of the offenses for which the defendant was 
17 convicted was first degree
murder or a Class X or Class 1 
18 felony and the defendant inflicted severe bodily injury.
19  (2) The defendant was convicted of a violation of 
20 Section 11-1.20 or 12-13 (criminal sexual
assault), 
21 11-1.30 or 12-14 (aggravated criminal sexual assault), or 
22 11-1.40 or 12-14.1 (predatory criminal sexual assault of a 
23 child) of the Criminal Code of 1961 or the Criminal Code of 
24 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 
25 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 
26 5/12-14.1).
 
 
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1  (2.5) The defendant was convicted of a violation of 
2 paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) 
3 of Section 11-20.1 (child pornography) or of paragraph (1), 
4 (2), (3), (4), (5), or (7) of subsection (a) of Section 
5 11-20.1B or 11-20.3 (aggravated child pornography) of the 
6 Criminal Code of 1961 or the Criminal Code of 2012; or the 
7 defendant was convicted of a violation of paragraph (6) of 
8 subsection (a) of Section 11-20.1 (child pornography) or of 
9 paragraph (6) of subsection (a) of Section 11-20.1B or 
10 11-20.3 (aggravated child pornography) of the Criminal 
11 Code of 1961 or the Criminal Code of 2012, when the child 
12 depicted is under the age of 13. 
13  (3) The defendant was convicted of armed violence based 
14 upon the predicate
offense of any of the following: 
15 solicitation of murder, solicitation of murder for hire, 
16 heinous battery as described in Section 12-4.1 or 
17 subdivision (a)(2) of Section 12-3.05, aggravated battery 
18 of a senior citizen as described in Section 12-4.6 or 
19 subdivision (a)(4) of Section 12-3.05, criminal sexual 
20 assault, a violation of subsection (g) of Section 5 of the 
21 Cannabis Control Act (720 ILCS 550/5), cannabis 
22 trafficking, a violation of subsection (a) of Section 401 
23 of the Illinois Controlled Substances Act (720 ILCS 
24 570/401), controlled substance trafficking involving a 
25 Class X felony amount of controlled substance under Section 
26 401 of the Illinois Controlled Substances Act (720 ILCS 
 
 
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1 570/401), a violation of the Methamphetamine Control and 
2 Community Protection Act (720 ILCS 646/), calculated 
3 criminal drug conspiracy, or streetgang criminal drug 
4 conspiracy.
5  (4) The defendant was convicted of the offense of 
6 leaving the scene of a motor
vehicle accident involving 
7 death or personal injuries under Section 11-401 of the 
8 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) 
9 aggravated driving under the influence of alcohol, other 
10 drug or drugs, or intoxicating compound or compounds, or 
11 any combination thereof under Section 11-501 of the 
12 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless 
13 homicide under Section 9-3 of the Criminal Code of 1961 or 
14 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an 
15 offense described in item (A) and an offense described in 
16 item (B).
17  (5) The defendant was convicted of a violation of 
18 Section 9-3.1 or Section 9-3.4 (concealment of homicidal 
19 death) or Section 12-20.5 (dismembering a human body) of 
20 the Criminal Code of 1961 or the Criminal Code of 2012 (720 
21 ILCS 5/9-3.1 or 5/12-20.5).
22  (5.5) The defendant was convicted of a violation of 
23 Section 24-3.7 (use of a stolen firearm in the commission 
24 of an offense) of the Criminal Code of 1961 or the Criminal 
25 Code of 2012.
26  (6) If the defendant was in the custody of the 
 
 
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1 Department of Corrections at the
time of the commission of 
2 the offense, the sentence shall be served consecutive to 
3 the sentence under which the defendant is held by the 
4 Department of Corrections. If, however, the defendant is 
5 sentenced to punishment by death, the sentence shall be 
6 executed at such time as the court may fix without regard 
7 to the sentence under which the defendant may be held by 
8 the Department.
9  (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) 
10 for escape or attempted escape shall be served
consecutive 
11 to the terms under which the offender is held by the 
12 Department of Corrections.
13  (8) If a person charged with a felony commits a 
14 separate felony while on pretrial
release or in pretrial 
15 detention in a county jail facility or county detention 
16 facility, then the sentences imposed upon conviction of 
17 these felonies shall be served consecutively regardless of 
18 the order in which the judgments of conviction are entered. 
19 Mandatory consecutive sentencing under this paragraph (8) 
20 does not apply to a violation of a condition of electronic 
21 home monitoring under Section 5-8A-4.1 of this Code. 
22  (8.5) If a person commits a battery against a county 
23 correctional officer or sheriff's employee while serving a 
24 sentence or in pretrial detention in a county jail 
25 facility, then the sentence imposed upon conviction of the 
26 battery shall be served consecutively with the sentence 
 
 
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1 imposed upon conviction of the earlier misdemeanor or 
2 felony, regardless of the order in which the
judgments of 
3 conviction are entered. 
4  (9) If a person admitted to bail following conviction 
5 of a felony commits a
separate felony while free on bond or 
6 if a person detained in a county jail facility or county 
7 detention facility following conviction of a felony 
8 commits a separate felony while in detention, then any 
9 sentence following conviction of the separate felony shall 
10 be consecutive to that of the original sentence for which 
11 the defendant was on bond or detained.
Mandatory 
12 consecutive sentencing under this paragraph (9) does not 
13 apply to a violation of a condition of electronic home 
14 monitoring under Section 5-8A-4.1 of this Code.
15  (10) If a person is found to be in possession of an 
16 item of contraband, as defined in Section 31A-0.1 of the 
17 Criminal Code of 2012, while serving a sentence in a county 
18 jail or while in pre-trial detention in a county jail, the 
19 sentence imposed upon conviction for the offense of 
20 possessing contraband in a penal institution shall be 
21 served consecutively to the sentence imposed for the 
22 offense in which the person is serving sentence in the 
23 county jail or serving pretrial detention, regardless of 
24 the order in which the judgments of conviction are entered. 
25  (11) If a person is sentenced for a violation of bail 
26 bond under Section 32-10 of the Criminal Code of 1961 or 
 
 
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1 the Criminal Code of 2012, any sentence imposed for that 
2 violation shall be served
consecutive to the sentence 
3 imposed for the charge for which bail had been
granted and 
4 with respect to which the defendant has been convicted. 
5 (e) Consecutive terms; subsequent non-Illinois term. If an 
6Illinois court has imposed a
sentence of imprisonment on a 
7defendant and the defendant is subsequently sentenced to a term 
8of imprisonment by a court of another state or a federal court, 
9then the Illinois sentence shall run consecutively to the 
10sentence imposed by the court of the other state or the federal 
11court. That same Illinois court, however, may order that the 
12Illinois sentence run concurrently with the sentence imposed by 
13the court of the other state or the federal court, but only if 
14the defendant applies to that same Illinois court within 30 
15days after the sentence imposed by the court of the other state 
16or the federal court is finalized.
17 (f) Consecutive terms; aggregate maximums and minimums. 
18The aggregate maximum
and aggregate minimum of consecutive 
19sentences shall be determined as follows:
20  (1) For sentences imposed under law in effect prior to 
21 February 1, 1978, the
aggregate maximum of consecutive 
22 sentences shall not exceed the maximum term authorized 
23 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of 
24 Chapter V for the 2 most serious felonies involved. The 
25 aggregate minimum period of consecutive sentences shall 
26 not exceed the highest minimum term authorized under 
 
 
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1 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter 
2 V for the 2 most serious felonies involved. When sentenced 
3 only for misdemeanors, a defendant shall not be 
4 consecutively sentenced to more than the maximum for one 
5 Class A misdemeanor.
6  (2) For sentences imposed under the law in effect on or 
7 after February 1, 1978,
the aggregate of consecutive 
8 sentences for offenses that were committed as part of a 
9 single
course of conduct during which there was no 
10 substantial change in the nature of the criminal objective 
11 shall not exceed the sum of the maximum terms authorized 
12 under Article 4.5 of Chapter V for the 2 most serious 
13 felonies involved, but no such limitation shall apply for 
14 offenses that were not committed as part of a single course 
15 of conduct during which there was no substantial change in 
16 the nature of the criminal objective. When sentenced only 
17 for misdemeanors, a defendant shall not be consecutively 
18 sentenced to more than the maximum for one Class A 
19 misdemeanor.

20 (g) Consecutive terms; manner served. In determining the 
21manner in which consecutive sentences of imprisonment, one or 
22more of which is for a felony, will be served, the Department 
23of Corrections shall treat the defendant as though he or she 
24had been committed for a single term subject to each of the 
25following:
26  (1) The maximum period of a term of imprisonment shall 
 
 
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1 consist of the aggregate
of the maximums of the imposed 
2 indeterminate terms, if any, plus the aggregate of the 
3 imposed determinate sentences for felonies, plus the 
4 aggregate of the imposed determinate sentences for 
5 misdemeanors, subject to subsection (f) of this Section.
6  (2) The parole or mandatory supervised release term 
7 shall be as provided in
paragraph (e) of Section 5-4.5-50 
8 (730 ILCS 5/5-4.5-50) for the most serious of the offenses 
9 involved.
10  (3) The minimum period of imprisonment shall be the 
11 aggregate of the minimum
and determinate periods of 
12 imprisonment imposed by the court, subject to subsection 
13 (f) of this Section.
14  (4) The defendant shall be awarded credit against the 
15 aggregate maximum term
and the aggregate minimum term of 
16 imprisonment for all time served in an institution since 
17 the commission of the offense or offenses and as a 
18 consequence thereof at the rate specified in
Section 3-6-3 
19 (730 ILCS 5/3-6-3).


20(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; 
2197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. 
221-1-14.)".