Sen. Michael E. Hastings
Filed: 5/19/2017
 
 


 




10000SB2021sam005LRB100 11420 SLF 26670 a



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 
 
 
10000SB2021sam005- 2 -LRB100 11420 SLF 26670 a


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 
 
 
10000SB2021sam005- 3 -LRB100 11420 SLF 26670 a


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).
 
 
10000SB2021sam005- 4 -LRB100 11420 SLF 26670 a


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 
 
 
10000SB2021sam005- 5 -LRB100 11420 SLF 26670 a


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 
 
 
10000SB2021sam005- 6 -LRB100 11420 SLF 26670 a


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, except 
22 upon the third or subsequent conviction, in which mandatory 
23 consecutive sentencing shall be imposed. 
24  (8.5) If a person commits a battery against a county 
25 correctional officer or sheriff's employee while serving a 
26 sentence or in pretrial detention in a county jail 
 
 
10000SB2021sam005- 7 -LRB100 11420 SLF 26670 a


1 facility, then the sentence imposed upon conviction of the 
2 battery shall be served consecutively with the sentence 
3 imposed upon conviction of the earlier misdemeanor or 
4 felony, regardless of the order in which the
judgments of 
5 conviction are entered. 
6  (9) If a person admitted to bail following conviction 
7 of a felony commits a
separate felony while free on bond or 
8 if a person detained in a county jail facility or county 
9 detention facility following conviction of a felony 
10 commits a separate felony while in detention, then any 
11 sentence following conviction of the separate felony shall 
12 be consecutive to that of the original sentence for which 
13 the defendant was on bond or detained.
Mandatory 
14 consecutive sentencing under this paragraph (9) does not 
15 apply to a violation of a condition of electronic home 
16 monitoring under Section 5-8A-4.1 of this Code, except upon 
17 the third or subsequent conviction, in which mandatory 
18 consecutive sentencing shall be imposed.
19  (10) If a person is found to be in possession of an 
20 item of contraband, as defined in Section 31A-0.1 of the 
21 Criminal Code of 2012, while serving a sentence in a county 
22 jail or while in pre-trial detention in a county jail, the 
23 sentence imposed upon conviction for the offense of 
24 possessing contraband in a penal institution shall be 
25 served consecutively to the sentence imposed for the 
26 offense in which the person is serving sentence in the 
 
 
10000SB2021sam005- 8 -LRB100 11420 SLF 26670 a


1 county jail or serving pretrial detention, regardless of 
2 the order in which the judgments of conviction are entered. 
3  (11) If a person is sentenced for a violation of bail 
4 bond under Section 32-10 of the Criminal Code of 1961 or 
5 the Criminal Code of 2012, any sentence imposed for that 
6 violation shall be served
consecutive to the sentence 
7 imposed for the charge for which bail had been
granted and 
8 with respect to which the defendant has been convicted. 
9 (e) Consecutive terms; subsequent non-Illinois term. If an 
10Illinois court has imposed a
sentence of imprisonment on a 
11defendant and the defendant is subsequently sentenced to a term 
12of imprisonment by a court of another state or a federal court, 
13then the Illinois sentence shall run consecutively to the 
14sentence imposed by the court of the other state or the federal 
15court. That same Illinois court, however, may order that the 
16Illinois sentence run concurrently with the sentence imposed by 
17the court of the other state or the federal court, but only if 
18the defendant applies to that same Illinois court within 30 
19days after the sentence imposed by the court of the other state 
20or the federal court is finalized.
21 (f) Consecutive terms; aggregate maximums and minimums. 
22The aggregate maximum
and aggregate minimum of consecutive 
23sentences shall be determined as follows:
24  (1) For sentences imposed under law in effect prior to 
25 February 1, 1978, the
aggregate maximum of consecutive 
26 sentences shall not exceed the maximum term authorized 
 
 
10000SB2021sam005- 9 -LRB100 11420 SLF 26670 a


1 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of 
2 Chapter V for the 2 most serious felonies involved. The 
3 aggregate minimum period of consecutive sentences shall 
4 not exceed the highest minimum term authorized under 
5 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter 
6 V for the 2 most serious felonies involved. When sentenced 
7 only for misdemeanors, a defendant shall not be 
8 consecutively sentenced to more than the maximum for one 
9 Class A misdemeanor.
10  (2) For sentences imposed under the law in effect on or 
11 after February 1, 1978,
the aggregate of consecutive 
12 sentences for offenses that were committed as part of a 
13 single
course of conduct during which there was no 
14 substantial change in the nature of the criminal objective 
15 shall not exceed the sum of the maximum terms authorized 
16 under Article 4.5 of Chapter V for the 2 most serious 
17 felonies involved, but no such limitation shall apply for 
18 offenses that were not committed as part of a single course 
19 of conduct during which there was no substantial change in 
20 the nature of the criminal objective. When sentenced only 
21 for misdemeanors, a defendant shall not be consecutively 
22 sentenced to more than the maximum for one Class A 
23 misdemeanor.

24 (g) Consecutive terms; manner served. In determining the 
25manner in which consecutive sentences of imprisonment, one or 
26more of which is for a felony, will be served, the Department 
 
 
10000SB2021sam005- 10 -LRB100 11420 SLF 26670 a


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


24(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; 
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. 
261-1-14.)".