Illinois 2023-2024 Regular Session

Illinois House Bill HB4049 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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 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. 1005-8-4 725 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 LRB103 31722 RLC 60304 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4049 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
4	4	725 ILCS 5/110-5 from Ch. 38, par. 110-5
5	5	730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
6	6	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.
7	7	LRB103 31722 RLC 60304 b LRB103 31722 RLC 60304 b
8	8	LRB103 31722 RLC 60304 b
9	9	A BILL FOR
10	10	HB4049LRB103 31722 RLC 60304 b HB4049 LRB103 31722 RLC 60304 b
11	11	HB4049 LRB103 31722 RLC 60304 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Code of Criminal Procedure of 1963 is
16	16	5 amended by changing Section 110-5 as follows:
17	17	6 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
18	18	7 Sec. 110-5. Determining the amount of bail and conditions
19	19	8 of release.
20	20	9 (a) In determining which conditions of pretrial release,
21	21	10 if any, will reasonably ensure the appearance of a defendant
22	22	11 as required or the safety of any other person or the community
23	23	12 and the likelihood of compliance by the defendant with all the
24	24	13 conditions of pretrial release, the court shall, on the basis
25	25	14 of available information, take into account such matters as:
26	26	15 (1) the nature and circumstances of the offense
27	27	16 charged;
28	28	17 (2) the weight of the evidence against the defendant,
29	29	18 except that the court may consider the admissibility of
30	30	19 any evidence sought to be excluded;
31	31	20 (3) the history and characteristics of the defendant,
32	32	21 including:
33	33	22 (A) the defendant's character, physical and mental
34	34	23 condition, family ties, employment, financial
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4049 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED:
39	39	725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
40	40	725 ILCS 5/110-5 from Ch. 38, par. 110-5
41	41	730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
42	42	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.
43	43	LRB103 31722 RLC 60304 b LRB103 31722 RLC 60304 b
44	44	LRB103 31722 RLC 60304 b
45	45	A BILL FOR
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51	51	725 ILCS 5/110-5 from Ch. 38, par. 110-5
52	52	730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
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71	71	1 resources, length of residence in the community,
72	72	2 community ties, past relating to drug or alcohol
73	73	3 abuse, conduct, history criminal history, and record
74	74	4 concerning appearance at court proceedings; and
75	75	5 (B) whether, at the time of the current offense or
76	76	6 arrest, the defendant was on probation, parole, or on
77	77	7 other release pending trial, sentencing, appeal, or
78	78	8 completion of sentence for an offense under federal
79	79	9 law, or the law of this or any other state;
80	80	10 (4) the nature and seriousness of the real and present
81	81	11 threat to the safety of any person or persons or the
82	82	12 community, based on the specific articulable facts of the
83	83	13 case, that would be posed by the defendant's release, if
84	84	14 applicable, as required under paragraph (7.5) of Section 4
85	85	15 of the Rights of Crime Victims and Witnesses Act;
86	86	16 (5) the nature and seriousness of the risk of
87	87	17 obstructing or attempting to obstruct the criminal justice
88	88	18 process that would be posed by the defendant's release, if
89	89	19 applicable;
90	90	20 (6) when a person is charged with a violation of a
91	91	21 protective order, domestic battery, aggravated domestic
92	92	22 battery, kidnapping, aggravated kidnaping, unlawful
93	93	23 restraint, aggravated unlawful restraint, cyberstalking,
94	94	24 harassment by telephone, harassment through electronic
95	95	25 communications, or an attempt to commit first degree
96	96	26 murder committed against a spouse or a current or former
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107	107	1 partner in a cohabitation or dating relationship,
108	108	2 regardless of whether an order of protection has been
109	109	3 issued against the person, the court may consider the
110	110	4 following additional factors:
111	111	5 (A) whether the alleged incident involved
112	112	6 harassment or abuse, as defined in the Illinois
113	113	7 Domestic Violence Act of 1986;
114	114	8 (B) whether the person has a history of domestic
115	115	9 violence, as defined in the Illinois Domestic Violence
116	116	10 Act of 1986, or a history of other criminal acts;
117	117	11 (C) the mental health of the person;
118	118	12 (D) whether the person has a history of violating
119	119	13 the orders of any court or governmental entity;
120	120	14 (E) whether the person has been, or is,
121	121	15 potentially a threat to any other person;
122	122	16 (F) whether the person has access to deadly
123	123	17 weapons or a history of using deadly weapons;
124	124	18 (G) whether the person has a history of abusing
125	125	19 alcohol or any controlled substance;
126	126	20 (H) the severity of the alleged incident that is
127	127	21 the basis of the alleged offense, including, but not
128	128	22 limited to, the duration of the current incident, and
129	129	23 whether the alleged incident involved the use of a
130	130	24 weapon, physical injury, sexual assault,
131	131	25 strangulation, abuse during the alleged victim's
132	132	26 pregnancy, abuse of pets, or forcible entry to gain
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143	143	1 access to the alleged victim;
144	144	2 (I) whether a separation of the person from the
145	145	3 victim of abuse or a termination of the relationship
146	146	4 between the person and the victim of abuse has
147	147	5 recently occurred or is pending;
148	148	6 (J) whether the person has exhibited obsessive or
149	149	7 controlling behaviors toward the victim of abuse,
150	150	8 including, but not limited to, stalking, surveillance,
151	151	9 or isolation of the victim of abuse or the victim's
152	152	10 family member or members;
153	153	11 (K) whether the person has expressed suicidal or
154	154	12 homicidal ideations; and
155	155	13 (L) any other factors deemed by the court to have a
156	156	14 reasonable bearing upon the defendant's propensity or
157	157	15 reputation for violent, abusive, or assaultive
158	158	16 behavior, or lack of that behavior.
159	159	17 (7) in cases of stalking or aggravated stalking under
160	160	18 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
161	161	19 court may consider the factors listed in paragraph (6) and
162	162	20 the following additional factors:
163	163	21 (A) any evidence of the defendant's prior criminal
164	164	22 history indicative of violent, abusive or assaultive
165	165	23 behavior, or lack of that behavior; the evidence may
166	166	24 include testimony or documents received in juvenile
167	167	25 proceedings, criminal, quasi-criminal, civil
168	168	26 commitment, domestic relations, or other proceedings;
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179	179	1 (B) any evidence of the defendant's psychological,
180	180	2 psychiatric, or other similar social history that
181	181	3 tends to indicate a violent, abusive, or assaultive
182	182	4 nature, or lack of any such history;
183	183	5 (C) the nature of the threat that is the basis of
184	184	6 the charge against the defendant;
185	185	7 (D) any statements made by, or attributed to, the
186	186	8 defendant, together with the circumstances surrounding
187	187	9 them;
188	188	10 (E) the age and physical condition of any person
189	189	11 allegedly assaulted by the defendant;
190	190	12 (F) whether the defendant is known to possess or
191	191	13 have access to any weapon or weapons; and
192	192	14 (G) any other factors deemed by the court to have a
193	193	15 reasonable bearing upon the defendant's propensity or
194	194	16 reputation for violent, abusive, or assaultive
195	195	17 behavior, or lack of that behavior.
196	196	18 (b) The court may use a regularly validated risk
197	197	19 assessment tool to aid its determination of appropriate
198	198	20 conditions of release as provided under Section 110-6.4. If a
199	199	21 risk assessment tool is used, the defendant's counsel shall be
200	200	22 provided with the information and scoring system of the risk
201	201	23 assessment tool used to arrive at the determination. The
202	202	24 defendant retains the right to challenge the validity of a
203	203	25 risk assessment tool used by the court and to present evidence
204	204	26 relevant to the defendant's challenge.
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215	215	1 (c) The court shall impose any conditions that are
216	216	2 mandatory under subsection (a) of Section 110-10. The court
217	217	3 may impose any conditions that are permissible under
218	218	4 subsection (b) of Section 110-10. The conditions of release
219	219	5 imposed shall be the least restrictive conditions or
220	220	6 combination of conditions necessary to reasonably ensure the
221	221	7 appearance of the defendant as required or the safety of any
222	222	8 other person or persons or the community.
223	223	9 (d) When a person is charged with a violation of a
224	224	10 protective order, the court may order the defendant placed
225	225	11 under electronic surveillance as a condition of pretrial
226	226	12 release, as provided in Section 5-8A-7 of the Unified Code of
227	227	13 Corrections, based on the information collected under
228	228	14 paragraph (6) of subsection (a) of this Section, the results
229	229	15 of any assessment conducted, or other circumstances of the
230	230	16 violation.
231	231	17 (e) If a person remains in pretrial detention 48 hours
232	232	18 after having been ordered released with pretrial conditions,
233	233	19 the court shall hold a hearing to determine the reason for
234	234	20 continued detention. If the reason for continued detention is
235	235	21 due to the unavailability or the defendant's ineligibility for
236	236	22 one or more pretrial conditions previously ordered by the
237	237	23 court or directed by a pretrial services agency, the court
238	238	24 shall reopen the conditions of release hearing to determine
239	239	25 what available pretrial conditions exist that will reasonably
240	240	26 ensure the appearance of a defendant as required, the safety
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251	251	1 of any other person, and the likelihood of compliance by the
252	252	2 defendant with all the conditions of pretrial release. The
253	253	3 inability of the defendant to pay for a condition of release or
254	254	4 any other ineligibility for a condition of pretrial release
255	255	5 shall not be used as a justification for the pretrial
256	256	6 detention of that defendant.
257	257	7 (f) Prior to the defendant's first appearance, and with
258	258	8 sufficient time for meaningful attorney-client contact to
259	259	9 gather information in order to advocate effectively for the
260	260	10 defendant's pretrial release, the court shall appoint the
261	261	11 public defender or a licensed attorney at law of this State to
262	262	12 represent the defendant for purposes of that hearing, unless
263	263	13 the defendant has obtained licensed counsel. Defense counsel
264	264	14 shall have access to the same documentary information relied
265	265	15 upon by the prosecution and presented to the court.
266	266	16 (f-5) At each subsequent appearance of the defendant
267	267	17 before the court, the judge must find that the current
268	268	18 conditions imposed are necessary to reasonably ensure the
269	269	19 appearance of the defendant as required, the safety of any
270	270	20 other person, and the compliance of the defendant with all the
271	271	21 conditions of pretrial release. The court is not required to
272	272	22 be presented with new information or a change in circumstance
273	273	23 to remove pretrial conditions.
274	274	24 (g) Electronic monitoring, GPS monitoring, or home
275	275	25 confinement can only be imposed as a condition of pretrial
276	276	26 release if a no less restrictive condition of release or
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287	287	1 combination of less restrictive condition of release would
288	288	2 reasonably ensure the appearance of the defendant for later
289	289	3 hearings or protect an identifiable person or persons from
290	290	4 imminent threat of serious physical harm.
291	291	5 (h) If the court imposes electronic monitoring, GPS
292	292	6 monitoring, or home confinement, the court shall set forth in
293	293	7 the record the basis for its finding. A defendant shall be
294	294	8 given custodial credit for each day he or she was subjected to
295	295	9 home confinement, at the same rate described in subsection (b)
296	296	10 of Section 5-4.5-100 of the Unified Code of Corrections. The
297	297	11 court may give custodial credit to a defendant for each day the
298	298	12 defendant was subjected to GPS monitoring without home
299	299	13 confinement or electronic monitoring without home confinement.
300	300	14 (i) If electronic monitoring, GPS monitoring, or home
301	301	15 confinement is imposed, the court shall determine every 60
302	302	16 days if no less restrictive condition of release or
303	303	17 combination of less restrictive conditions of release would
304	304	18 reasonably ensure the appearance, or continued appearance, of
305	305	19 the defendant for later hearings or protect an identifiable
306	306	20 person or persons from imminent threat of serious physical
307	307	21 harm. If the court finds that there are less restrictive
308	308	22 conditions of release, the court shall order that the
309	309	23 condition be removed. This subsection takes effect January 1,
310	310	24 2022.
311	311	25 (j) Crime Victims shall be given notice by the State's
312	312	26 Attorney's office of this hearing as required in paragraph (1)
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323	323	1 of subsection (b) of Section 4.5 of the Rights of Crime Victims
324	324	2 and Witnesses Act and shall be informed of their opportunity
325	325	3 at this hearing to obtain a protective order.
326	326	4 (k) The State and defendants may appeal court orders
327	327	5 imposing conditions of pretrial release.
328	328	6 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
329	329	7 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
330	330	8 1-1-23.)
331	331	9 Section 10. The Unified Code of Corrections is amended by
332	332	10 changing Section 5-8-4 as follows:
333	333	11 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
334	334	12 (Text of Section before amendment by P.A. 102-982)
335	335	13 Sec. 5-8-4. Concurrent and consecutive terms of
336	336	14 imprisonment.
337	337	15 (a) Concurrent terms; multiple or additional sentences.
338	338	16 When an Illinois court (i) imposes multiple sentences of
339	339	17 imprisonment on a defendant at the same time or (ii) imposes a
340	340	18 sentence of imprisonment on a defendant who is already subject
341	341	19 to a sentence of imprisonment imposed by an Illinois court, a
342	342	20 court of another state, or a federal court, then the sentences
343	343	21 shall run concurrently unless otherwise determined by the
344	344	22 Illinois court under this Section.
345	345	23 (b) Concurrent terms; misdemeanor and felony. A defendant
346	346	24 serving a sentence for a misdemeanor who is convicted of a
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357	357	1 felony and sentenced to imprisonment shall be transferred to
358	358	2 the Department of Corrections, and the misdemeanor sentence
359	359	3 shall be merged in and run concurrently with the felony
360	360	4 sentence.
361	361	5 (c) Consecutive terms; permissive. The court may impose
362	362	6 consecutive sentences in any of the following circumstances:
363	363	7 (1) If, having regard to the nature and circumstances
364	364	8 of the offense and the history and character of the
365	365	9 defendant, it is the opinion of the court that consecutive
366	366	10 sentences are required to protect the public from further
367	367	11 criminal conduct by the defendant, the basis for which the
368	368	12 court shall set forth in the record.
369	369	13 (2) If one of the offenses for which a defendant was
370	370	14 convicted was a violation of Section 32-5.2 (aggravated
371	371	15 false personation of a peace officer) of the Criminal Code
372	372	16 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
373	373	17 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
374	374	18 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
375	375	19 offense was committed in attempting or committing a
376	376	20 forcible felony.
377	377	21 (3) If a person charged with a felony commits a
378	378	22 separate felony while on pretrial release or in pretrial
379	379	23 detention in a county jail facility or county detention
380	380	24 facility, then the sentences imposed upon conviction of
381	381	25 these felonies may be served consecutively regardless of
382	382	26 the order in which the judgments of conviction are
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393	393	1 entered.
394	394	2 (4) If a person commits a battery against a county
395	395	3 correctional officer or sheriff's employee while serving a
396	396	4 sentence or in pretrial detention in a county jail
397	397	5 facility, then the sentence imposed upon conviction of the
398	398	6 battery may be served consecutively with the sentence
399	399	7 imposed upon conviction of the earlier misdemeanor or
400	400	8 felony, regardless of the order in which the judgments of
401	401	9 conviction are entered.
402	402	10 (5) If a person admitted to pretrial release following
403	403	11 conviction of a felony commits a separate felony while
404	404	12 released pretrial or if a person detained in a county jail
405	405	13 facility or county detention facility following conviction
406	406	14 of a felony commits a separate felony while in detention,
407	407	15 then any sentence following conviction of the separate
408	408	16 felony may be consecutive to that of the original sentence
409	409	17 for which the defendant was released pretrial or detained.
410	410	18 (6) If a person is found to be in possession of an item
411	411	19 of contraband, as defined in Section 31A-0.1 of the
412	412	20 Criminal Code of 2012, while serving a sentence in a
413	413	21 county jail or while in pretrial detention in a county
414	414	22 jail, the sentence imposed upon conviction for the offense
415	415	23 of possessing contraband in a penal institution may be
416	416	24 served consecutively to the sentence imposed for the
417	417	25 offense for which the person is serving a sentence in the
418	418	26 county jail or while in pretrial detention, regardless of
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429	429	1 the order in which the judgments of conviction are
430	430	2 entered.
431	431	3 (7) If a person is sentenced for a violation of a
432	432	4 condition of pretrial release under Section 32-10 of the
433	433	5 Criminal Code of 1961 or the Criminal Code of 2012, any
434	434	6 sentence imposed for that violation may be served
435	435	7 consecutive to the sentence imposed for the charge for
436	436	8 which pretrial release had been granted and with respect
437	437	9 to which the defendant has been convicted.
438	438	10 (d) Consecutive terms; mandatory. The court shall impose
439	439	11 consecutive sentences in each of the following circumstances:
440	440	12 (1) One of the offenses for which the defendant was
441	441	13 convicted was first degree murder or a Class X or Class 1
442	442	14 felony and the defendant inflicted severe bodily injury.
443	443	15 (2) The defendant was convicted of a violation of
444	444	16 Section 11-1.20 or 12-13 (criminal sexual assault),
445	445	17 11-1.30 or 12-14 (aggravated criminal sexual assault), or
446	446	18 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
447	447	19 child) of the Criminal Code of 1961 or the Criminal Code of
448	448	20 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
449	449	21 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
450	450	22 5/12-14.1).
451	451	23 (2.5) The defendant was convicted of a violation of
452	452	24 paragraph (1), (2), (3), (4), (5), or (7) of subsection
453	453	25 (a) of Section 11-20.1 (child pornography) or of paragraph
454	454	26 (1), (2), (3), (4), (5), or (7) of subsection (a) of
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465	465	1 Section 11-20.1B or 11-20.3 (aggravated child pornography)
466	466	2 of the Criminal Code of 1961 or the Criminal Code of 2012;
467	467	3 or the defendant was convicted of a violation of paragraph
468	468	4 (6) of subsection (a) of Section 11-20.1 (child
469	469	5 pornography) or of paragraph (6) of subsection (a) of
470	470	6 Section 11-20.1B or 11-20.3 (aggravated child pornography)
471	471	7 of the Criminal Code of 1961 or the Criminal Code of 2012,
472	472	8 when the child depicted is under the age of 13.
473	473	9 (3) The defendant was convicted of armed violence
474	474	10 based upon the predicate offense of any of the following:
475	475	11 solicitation of murder, solicitation of murder for hire,
476	476	12 heinous battery as described in Section 12-4.1 or
477	477	13 subdivision (a)(2) of Section 12-3.05, aggravated battery
478	478	14 of a senior citizen as described in Section 12-4.6 or
479	479	15 subdivision (a)(4) of Section 12-3.05, criminal sexual
480	480	16 assault, a violation of subsection (g) of Section 5 of the
481	481	17 Cannabis Control Act (720 ILCS 550/5), cannabis
482	482	18 trafficking, a violation of subsection (a) of Section 401
483	483	19 of the Illinois Controlled Substances Act (720 ILCS
484	484	20 570/401), controlled substance trafficking involving a
485	485	21 Class X felony amount of controlled substance under
486	486	22 Section 401 of the Illinois Controlled Substances Act (720
487	487	23 ILCS 570/401), a violation of the Methamphetamine Control
488	488	24 and Community Protection Act (720 ILCS 646/), calculated
489	489	25 criminal drug conspiracy, or streetgang criminal drug
490	490	26 conspiracy.
491	491
492	492
493	493
494	494
495	495
496	496	HB4049 - 13 - LRB103 31722 RLC 60304 b
497	497
498	498
499	499	HB4049- 14 -LRB103 31722 RLC 60304 b HB4049 - 14 - LRB103 31722 RLC 60304 b
500	500	HB4049 - 14 - LRB103 31722 RLC 60304 b
501	501	1 (4) The defendant was convicted of the offense of
502	502	2 leaving the scene of a motor vehicle accident involving
503	503	3 death or personal injuries under Section 11-401 of the
504	504	4 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
505	505	5 aggravated driving under the influence of alcohol, other
506	506	6 drug or drugs, or intoxicating compound or compounds, or
507	507	7 any combination thereof under Section 11-501 of the
508	508	8 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
509	509	9 homicide under Section 9-3 of the Criminal Code of 1961 or
510	510	10 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
511	511	11 offense described in item (A) and an offense described in
512	512	12 item (B).
513	513	13 (5) The defendant was convicted of a violation of
514	514	14 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
515	515	15 death) or Section 12-20.5 (dismembering a human body) of
516	516	16 the Criminal Code of 1961 or the Criminal Code of 2012 (720
517	517	17 ILCS 5/9-3.1 or 5/12-20.5).
518	518	18 (5.5) The defendant was convicted of a violation of
519	519	19 Section 24-3.7 (use of a stolen firearm in the commission
520	520	20 of an offense) of the Criminal Code of 1961 or the Criminal
521	521	21 Code of 2012.
522	522	22 (6) If the defendant was in the custody of the
523	523	23 Department of Corrections at the time of the commission of
524	524	24 the offense, the sentence shall be served consecutive to
525	525	25 the sentence under which the defendant is held by the
526	526	26 Department of Corrections.
527	527
528	528
529	529
530	530
531	531
532	532	HB4049 - 14 - LRB103 31722 RLC 60304 b
533	533
534	534
535	535	HB4049- 15 -LRB103 31722 RLC 60304 b HB4049 - 15 - LRB103 31722 RLC 60304 b
536	536	HB4049 - 15 - LRB103 31722 RLC 60304 b
537	537	1 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
538	538	2 for escape or attempted escape shall be served consecutive
539	539	3 to the terms under which the offender is held by the
540	540	4 Department of Corrections.
541	541	5 (8) (Blank).
542	542	6 (8.5) (Blank).
543	543	7 (9) (Blank).
544	544	8 (10) (Blank).
545	545	9 (11) (Blank).
546	546	10 (e) Consecutive terms; subsequent non-Illinois term. If an
547	547	11 Illinois court has imposed a sentence of imprisonment on a
548	548	12 defendant and the defendant is subsequently sentenced to a
549	549	13 term of imprisonment by a court of another state or a federal
550	550	14 court, then the Illinois sentence shall run consecutively to
551	551	15 the sentence imposed by the court of the other state or the
552	552	16 federal court. That same Illinois court, however, may order
553	553	17 that the Illinois sentence run concurrently with the sentence
554	554	18 imposed by the court of the other state or the federal court,
555	555	19 but only if the defendant applies to that same Illinois court
556	556	20 within 30 days after the sentence imposed by the court of the
557	557	21 other state or the federal court is finalized.
558	558	22 (f) Consecutive terms; aggregate maximums and minimums.
559	559	23 The aggregate maximum and aggregate minimum of consecutive
560	560	24 sentences shall be determined as follows:
561	561	25 (1) For sentences imposed under law in effect prior to
562	562	26 February 1, 1978, the aggregate maximum of consecutive
563	563
564	564
565	565
566	566
567	567
568	568	HB4049 - 15 - LRB103 31722 RLC 60304 b
569	569
570	570
571	571	HB4049- 16 -LRB103 31722 RLC 60304 b HB4049 - 16 - LRB103 31722 RLC 60304 b
572	572	HB4049 - 16 - LRB103 31722 RLC 60304 b
573	573	1 sentences shall not exceed the maximum term authorized
574	574	2 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
575	575	3 Chapter V for the 2 most serious felonies involved. The
576	576	4 aggregate minimum period of consecutive sentences shall
577	577	5 not exceed the highest minimum term authorized under
578	578	6 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
579	579	7 V for the 2 most serious felonies involved. When sentenced
580	580	8 only for misdemeanors, a defendant shall not be
581	581	9 consecutively sentenced to more than the maximum for one
582	582	10 Class A misdemeanor.
583	583	11 (2) For sentences imposed under the law in effect on
584	584	12 or after February 1, 1978, the aggregate of consecutive
585	585	13 sentences for offenses that were committed as part of a
586	586	14 single course of conduct during which there was no
587	587	15 substantial change in the nature of the criminal objective
588	588	16 shall not exceed the sum of the maximum terms authorized
589	589	17 under Article 4.5 of Chapter V for the 2 most serious
590	590	18 felonies involved, but no such limitation shall apply for
591	591	19 offenses that were not committed as part of a single
592	592	20 course of conduct during which there was no substantial
593	593	21 change in the nature of the criminal objective. When
594	594	22 sentenced only for misdemeanors, a defendant shall not be
595	595	23 consecutively sentenced to more than the maximum for one
596	596	24 Class A misdemeanor.
597	597	25 (g) Consecutive terms; manner served. In determining the
598	598	26 manner in which consecutive sentences of imprisonment, one or
599	599
600	600
601	601
602	602
603	603
604	604	HB4049 - 16 - LRB103 31722 RLC 60304 b
605	605
606	606
607	607	HB4049- 17 -LRB103 31722 RLC 60304 b HB4049 - 17 - LRB103 31722 RLC 60304 b
608	608	HB4049 - 17 - LRB103 31722 RLC 60304 b
609	609	1 more of which is for a felony, will be served, the Department
610	610	2 of Corrections shall treat the defendant as though he or she
611	611	3 had been committed for a single term subject to each of the
612	612	4 following:
613	613	5 (1) The maximum period of a term of imprisonment shall
614	614	6 consist of the aggregate of the maximums of the imposed
615	615	7 indeterminate terms, if any, plus the aggregate of the
616	616	8 imposed determinate sentences for felonies, plus the
617	617	9 aggregate of the imposed determinate sentences for
618	618	10 misdemeanors, subject to subsection (f) of this Section.
619	619	11 (2) The parole or mandatory supervised release term
620	620	12 shall be as provided in paragraph (e) of Section 5-4.5-50
621	621	13 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
622	622	14 involved.
623	623	15 (3) The minimum period of imprisonment shall be the
624	624	16 aggregate of the minimum and determinate periods of
625	625	17 imprisonment imposed by the court, subject to subsection
626	626	18 (f) of this Section.
627	627	19 (4) The defendant shall be awarded credit against the
628	628	20 aggregate maximum term and the aggregate minimum term of
629	629	21 imprisonment for all time served in an institution since
630	630	22 the commission of the offense or offenses and as a
631	631	23 consequence thereof at the rate specified in Section 3-6-3
632	632	24 (730 ILCS 5/3-6-3).
633	633	25 (h) Notwithstanding any other provisions of this Section,
634	634	26 all sentences imposed by an Illinois court under this Code
635	635
636	636
637	637
638	638
639	639
640	640	HB4049 - 17 - LRB103 31722 RLC 60304 b
641	641
642	642
643	643	HB4049- 18 -LRB103 31722 RLC 60304 b HB4049 - 18 - LRB103 31722 RLC 60304 b
644	644	HB4049 - 18 - LRB103 31722 RLC 60304 b
645	645	1 shall run concurrent to any and all sentences imposed under
646	646	2 the Juvenile Court Act of 1987.
647	647	3 (Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
648	648	4 (Text of Section after amendment by P.A. 102-982)
649	649	5 Sec. 5-8-4. Concurrent and consecutive terms of
650	650	6 imprisonment.
651	651	7 (a) Concurrent terms; multiple or additional sentences.
652	652	8 When an Illinois court (i) imposes multiple sentences of
653	653	9 imprisonment on a defendant at the same time or (ii) imposes a
654	654	10 sentence of imprisonment on a defendant who is already subject
655	655	11 to a sentence of imprisonment imposed by an Illinois court, a
656	656	12 court of another state, or a federal court, then the sentences
657	657	13 shall run concurrently unless otherwise determined by the
658	658	14 Illinois court under this Section.
659	659	15 (b) Concurrent terms; misdemeanor and felony. A defendant
660	660	16 serving a sentence for a misdemeanor who is convicted of a
661	661	17 felony and sentenced to imprisonment shall be transferred to
662	662	18 the Department of Corrections, and the misdemeanor sentence
663	663	19 shall be merged in and run concurrently with the felony
664	664	20 sentence.
665	665	21 (c) Consecutive terms; permissive. The court may impose
666	666	22 consecutive sentences in any of the following circumstances:
667	667	23 (1) If, having regard to the nature and circumstances
668	668	24 of the offense and the history and character of the
669	669	25 defendant, it is the opinion of the court that consecutive
670	670
671	671
672	672
673	673
674	674
675	675	HB4049 - 18 - LRB103 31722 RLC 60304 b
676	676
677	677
678	678	HB4049- 19 -LRB103 31722 RLC 60304 b HB4049 - 19 - LRB103 31722 RLC 60304 b
679	679	HB4049 - 19 - LRB103 31722 RLC 60304 b
680	680	1 sentences are required to protect the public from further
681	681	2 criminal conduct by the defendant, the basis for which the
682	682	3 court shall set forth in the record.
683	683	4 (2) If one of the offenses for which a defendant was
684	684	5 convicted was a violation of Section 32-5.2 (aggravated
685	685	6 false personation of a peace officer) of the Criminal Code
686	686	7 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
687	687	8 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
688	688	9 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
689	689	10 offense was committed in attempting or committing a
690	690	11 forcible felony.
691	691	12 (3) (Blank). If a person charged with a felony commits
692	692	13 a separate felony while on pretrial release or in pretrial
693	693	14 detention in a county jail facility or county detention
694	694	15 facility, then the sentences imposed upon conviction of
695	695	16 these felonies may be served consecutively regardless of
696	696	17 the order in which the judgments of conviction are
697	697	18 entered.
698	698	19 (4) (Blank). If a person commits a battery against a
699	699	20 county correctional officer or sheriff's employee while
700	700	21 serving a sentence or in pretrial detention in a county
701	701	22 jail facility, then the sentence imposed upon conviction
702	702	23 of the battery may be served consecutively with the
703	703	24 sentence imposed upon conviction of the earlier
704	704	25 misdemeanor or felony, regardless of the order in which
705	705	26 the judgments of conviction are entered.
706	706
707	707
708	708
709	709
710	710
711	711	HB4049 - 19 - LRB103 31722 RLC 60304 b
712	712
713	713
714	714	HB4049- 20 -LRB103 31722 RLC 60304 b HB4049 - 20 - LRB103 31722 RLC 60304 b
715	715	HB4049 - 20 - LRB103 31722 RLC 60304 b
716	716	1 (5) (Blank). If a person admitted to pretrial release
717	717	2 following conviction of a felony commits a separate felony
718	718	3 while released pretrial or if a person detained in a
719	719	4 county jail facility or county detention facility
720	720	5 following conviction of a felony commits a separate felony
721	721	6 while in detention, then any sentence following conviction
722	722	7 of the separate felony may be consecutive to that of the
723	723	8 original sentence for which the defendant was released
724	724	9 pretrial or detained.
725	725	10 (6) (Blank). If a person is found to be in possession
726	726	11 of an item of contraband, as defined in Section 31A-0.1 of
727	727	12 the Criminal Code of 2012, while serving a sentence in a
728	728	13 county jail or while in pretrial detention in a county
729	729	14 jail, the sentence imposed upon conviction for the offense
730	730	15 of possessing contraband in a penal institution may be
731	731	16 served consecutively to the sentence imposed for the
732	732	17 offense for which the person is serving a sentence in the
733	733	18 county jail or while in pretrial detention, regardless of
734	734	19 the order in which the judgments of conviction are
735	735	20 entered.
736	736	21 (7) (Blank). If a person is sentenced for a violation
737	737	22 of a condition of pretrial release under Section 32-10 of
738	738	23 the Criminal Code of 1961 or the Criminal Code of 2012, any
739	739	24 sentence imposed for that violation may be served
740	740	25 consecutive to the sentence imposed for the charge for
741	741	26 which pretrial release had been granted and with respect
742	742
743	743
744	744
745	745
746	746
747	747	HB4049 - 20 - LRB103 31722 RLC 60304 b
748	748
749	749
750	750	HB4049- 21 -LRB103 31722 RLC 60304 b HB4049 - 21 - LRB103 31722 RLC 60304 b
751	751	HB4049 - 21 - LRB103 31722 RLC 60304 b
752	752	1 to which the defendant has been convicted.
753	753	2 (8.1) If a person charged with a felony commits a
754	754	3 separate felony while on pretrial release or in pretrial
755	755	4 detention in a county jail facility or county detention
756	756	5 facility, then the sentences imposed upon conviction of
757	757	6 these felonies shall be served consecutively regardless of
758	758	7 the order in which the judgments of conviction are
759	759	8 entered.
760	760	9 (8.2) If a person commits a battery against a county
761	761	10 correctional officer or sheriff's employee while serving a
762	762	11 sentence or in pretrial detention in a county jail
763	763	12 facility, then the sentence imposed upon conviction of the
764	764	13 battery shall be served consecutively with the sentence
765	765	14 imposed upon conviction of the earlier misdemeanor or
766	766	15 felony, regardless of the order in which the judgments of
767	767	16 conviction are entered.
768	768	17 (9.1) If a person admitted to bail following
769	769	18 conviction of a felony commits a separate felony while
770	770	19 free on bond or if a person detained in a county jail
771	771	20 facility or county detention facility following conviction
772	772	21 of a felony commits a separate felony while in detention,
773	773	22 then any sentence following conviction of the separate
774	774	23 felony shall be consecutive to that of the original
775	775	24 sentence for which the defendant was on bond or detained.
776	776	25 (10.1) If a person is found to be in possession of an
777	777	26 item of contraband, as defined in Section 31A-0.1 of the
778	778
779	779
780	780
781	781
782	782
783	783	HB4049 - 21 - LRB103 31722 RLC 60304 b
784	784
785	785
786	786	HB4049- 22 -LRB103 31722 RLC 60304 b HB4049 - 22 - LRB103 31722 RLC 60304 b
787	787	HB4049 - 22 - LRB103 31722 RLC 60304 b
788	788	1 Criminal Code of 2012, while serving a sentence in a
789	789	2 county jail or while in pre-trial detention in a county
790	790	3 jail, the sentence imposed upon conviction for the offense
791	791	4 of possessing contraband in a penal institution shall be
792	792	5 served consecutively to the sentence imposed for the
793	793	6 offense in which the person is serving sentence in the
794	794	7 county jail or serving pretrial detention, regardless of
795	795	8 the order in which the judgments of conviction are
796	796	9 entered.
797	797	10 (11.1) If a person is sentenced for a violation of
798	798	11 bail bond under Section 32-10 of the Criminal Code of 1961
799	799	12 or the Criminal Code of 2012, any sentence imposed for
800	800	13 that violation shall be served consecutive to the sentence
801	801	14 imposed for the charge for which bail had been granted and
802	802	15 with respect to which the defendant has been convicted.
803	803	16 (d) Consecutive terms; mandatory. The court shall impose
804	804	17 consecutive sentences in each of the following circumstances:
805	805	18 (1) One of the offenses for which the defendant was
806	806	19 convicted was first degree murder or a Class X or Class 1
807	807	20 felony and the defendant inflicted severe bodily injury.
808	808	21 (2) The defendant was convicted of a violation of
809	809	22 Section 11-1.20 or 12-13 (criminal sexual assault),
810	810	23 11-1.30 or 12-14 (aggravated criminal sexual assault), or
811	811	24 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
812	812	25 child) of the Criminal Code of 1961 or the Criminal Code of
813	813	26 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
814	814
815	815
816	816
817	817
818	818
819	819	HB4049 - 22 - LRB103 31722 RLC 60304 b
820	820
821	821
822	822	HB4049- 23 -LRB103 31722 RLC 60304 b HB4049 - 23 - LRB103 31722 RLC 60304 b
823	823	HB4049 - 23 - LRB103 31722 RLC 60304 b
824	824	1 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
825	825	2 5/12-14.1).
826	826	3 (2.5) The defendant was convicted of a violation of
827	827	4 paragraph (1), (2), (3), (4), (5), or (7) of subsection
828	828	5 (a) of Section 11-20.1 (child pornography) or of paragraph
829	829	6 (1), (2), (3), (4), (5), or (7) of subsection (a) of
830	830	7 Section 11-20.1B or 11-20.3 (aggravated child pornography)
831	831	8 of the Criminal Code of 1961 or the Criminal Code of 2012;
832	832	9 or the defendant was convicted of a violation of paragraph
833	833	10 (6) of subsection (a) of Section 11-20.1 (child
834	834	11 pornography) or of paragraph (6) of subsection (a) of
835	835	12 Section 11-20.1B or 11-20.3 (aggravated child pornography)
836	836	13 of the Criminal Code of 1961 or the Criminal Code of 2012,
837	837	14 when the child depicted is under the age of 13.
838	838	15 (3) The defendant was convicted of armed violence
839	839	16 based upon the predicate offense of any of the following:
840	840	17 solicitation of murder, solicitation of murder for hire,
841	841	18 heinous battery as described in Section 12-4.1 or
842	842	19 subdivision (a)(2) of Section 12-3.05, aggravated battery
843	843	20 of a senior citizen as described in Section 12-4.6 or
844	844	21 subdivision (a)(4) of Section 12-3.05, criminal sexual
845	845	22 assault, a violation of subsection (g) of Section 5 of the
846	846	23 Cannabis Control Act (720 ILCS 550/5), cannabis
847	847	24 trafficking, a violation of subsection (a) of Section 401
848	848	25 of the Illinois Controlled Substances Act (720 ILCS
849	849	26 570/401), controlled substance trafficking involving a
850	850
851	851
852	852
853	853
854	854
855	855	HB4049 - 23 - LRB103 31722 RLC 60304 b
856	856
857	857
858	858	HB4049- 24 -LRB103 31722 RLC 60304 b HB4049 - 24 - LRB103 31722 RLC 60304 b
859	859	HB4049 - 24 - LRB103 31722 RLC 60304 b
860	860	1 Class X felony amount of controlled substance under
861	861	2 Section 401 of the Illinois Controlled Substances Act (720
862	862	3 ILCS 570/401), a violation of the Methamphetamine Control
863	863	4 and Community Protection Act (720 ILCS 646/), calculated
864	864	5 criminal drug conspiracy, or streetgang criminal drug
865	865	6 conspiracy.
866	866	7 (4) The defendant was convicted of the offense of
867	867	8 leaving the scene of a motor vehicle crash involving death
868	868	9 or personal injuries under Section 11-401 of the Illinois
869	869	10 Vehicle Code (625 ILCS 5/11-401) and either: (A)
870	870	11 aggravated driving under the influence of alcohol, other
871	871	12 drug or drugs, or intoxicating compound or compounds, or
872	872	13 any combination thereof under Section 11-501 of the
873	873	14 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
874	874	15 homicide under Section 9-3 of the Criminal Code of 1961 or
875	875	16 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
876	876	17 offense described in item (A) and an offense described in
877	877	18 item (B).
878	878	19 (5) The defendant was convicted of a violation of
879	879	20 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
880	880	21 death) or Section 12-20.5 (dismembering a human body) of
881	881	22 the Criminal Code of 1961 or the Criminal Code of 2012 (720
882	882	23 ILCS 5/9-3.1 or 5/12-20.5).
883	883	24 (5.5) The defendant was convicted of a violation of
884	884	25 Section 24-3.7 (use of a stolen firearm in the commission
885	885	26 of an offense) of the Criminal Code of 1961 or the Criminal
886	886
887	887
888	888
889	889
890	890
891	891	HB4049 - 24 - LRB103 31722 RLC 60304 b
892	892
893	893
894	894	HB4049- 25 -LRB103 31722 RLC 60304 b HB4049 - 25 - LRB103 31722 RLC 60304 b
895	895	HB4049 - 25 - LRB103 31722 RLC 60304 b
896	896	1 Code of 2012.
897	897	2 (6) If the defendant was in the custody of the
898	898	3 Department of Corrections at the time of the commission of
899	899	4 the offense, the sentence shall be served consecutive to
900	900	5 the sentence under which the defendant is held by the
901	901	6 Department of Corrections.
902	902	7 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
903	903	8 for escape or attempted escape shall be served consecutive
904	904	9 to the terms under which the offender is held by the
905	905	10 Department of Corrections.
906	906	11 (8) (Blank).
907	907	12 (8.5) (Blank).
908	908	13 (9) (Blank).
909	909	14 (10) (Blank).
910	910	15 (11) (Blank).
911	911	16 (e) Consecutive terms; subsequent non-Illinois term. If an
912	912	17 Illinois court has imposed a sentence of imprisonment on a
913	913	18 defendant and the defendant is subsequently sentenced to a
914	914	19 term of imprisonment by a court of another state or a federal
915	915	20 court, then the Illinois sentence shall run consecutively to
916	916	21 the sentence imposed by the court of the other state or the
917	917	22 federal court. That same Illinois court, however, may order
918	918	23 that the Illinois sentence run concurrently with the sentence
919	919	24 imposed by the court of the other state or the federal court,
920	920	25 but only if the defendant applies to that same Illinois court
921	921	26 within 30 days after the sentence imposed by the court of the
922	922
923	923
924	924
925	925
926	926
927	927	HB4049 - 25 - LRB103 31722 RLC 60304 b
928	928
929	929
930	930	HB4049- 26 -LRB103 31722 RLC 60304 b HB4049 - 26 - LRB103 31722 RLC 60304 b
931	931	HB4049 - 26 - LRB103 31722 RLC 60304 b
932	932	1 other state or the federal court is finalized.
933	933	2 (f) Consecutive terms; aggregate maximums and minimums.
934	934	3 The aggregate maximum and aggregate minimum of consecutive
935	935	4 sentences shall be determined as follows:
936	936	5 (1) For sentences imposed under law in effect prior to
937	937	6 February 1, 1978, the aggregate maximum of consecutive
938	938	7 sentences shall not exceed the maximum term authorized
939	939	8 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
940	940	9 Chapter V for the 2 most serious felonies involved. The
941	941	10 aggregate minimum period of consecutive sentences shall
942	942	11 not exceed the highest minimum term authorized under
943	943	12 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
944	944	13 V for the 2 most serious felonies involved. When sentenced
945	945	14 only for misdemeanors, a defendant shall not be
946	946	15 consecutively sentenced to more than the maximum for one
947	947	16 Class A misdemeanor.
948	948	17 (2) For sentences imposed under the law in effect on
949	949	18 or after February 1, 1978, the aggregate of consecutive
950	950	19 sentences for offenses that were committed as part of a
951	951	20 single course of conduct during which there was no
952	952	21 substantial change in the nature of the criminal objective
953	953	22 shall not exceed the sum of the maximum terms authorized
954	954	23 under Article 4.5 of Chapter V for the 2 most serious
955	955	24 felonies involved, but no such limitation shall apply for
956	956	25 offenses that were not committed as part of a single
957	957	26 course of conduct during which there was no substantial
958	958
959	959
960	960
961	961
962	962
963	963	HB4049 - 26 - LRB103 31722 RLC 60304 b
964	964
965	965
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967	967	HB4049 - 27 - LRB103 31722 RLC 60304 b
968	968	1 change in the nature of the criminal objective. When
969	969	2 sentenced only for misdemeanors, a defendant shall not be
970	970	3 consecutively sentenced to more than the maximum for one
971	971	4 Class A misdemeanor.
972	972	5 (g) Consecutive terms; manner served. In determining the
973	973	6 manner in which consecutive sentences of imprisonment, one or
974	974	7 more of which is for a felony, will be served, the Department
975	975	8 of Corrections shall treat the defendant as though he or she
976	976	9 had been committed for a single term subject to each of the
977	977	10 following:
978	978	11 (1) The maximum period of a term of imprisonment shall
979	979	12 consist of the aggregate of the maximums of the imposed
980	980	13 indeterminate terms, if any, plus the aggregate of the
981	981	14 imposed determinate sentences for felonies, plus the
982	982	15 aggregate of the imposed determinate sentences for
983	983	16 misdemeanors, subject to subsection (f) of this Section.
984	984	17 (2) The parole or mandatory supervised release term
985	985	18 shall be as provided in paragraph (e) of Section 5-4.5-50
986	986	19 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
987	987	20 involved.
988	988	21 (3) The minimum period of imprisonment shall be the
989	989	22 aggregate of the minimum and determinate periods of
990	990	23 imprisonment imposed by the court, subject to subsection
991	991	24 (f) of this Section.
992	992	25 (4) The defendant shall be awarded credit against the
993	993	26 aggregate maximum term and the aggregate minimum term of
994	994
995	995
996	996
997	997
998	998
999	999	HB4049 - 27 - LRB103 31722 RLC 60304 b
1000	1000
1001	1001
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1003	1003	HB4049 - 28 - LRB103 31722 RLC 60304 b
1004	1004	1 imprisonment for all time served in an institution since
1005	1005	2 the commission of the offense or offenses and as a
1006	1006	3 consequence thereof at the rate specified in Section 3-6-3
1007	1007	4 (730 ILCS 5/3-6-3).
1008	1008	5 (h) Notwithstanding any other provisions of this Section,
1009	1009	6 all sentences imposed by an Illinois court under this Code
1010	1010	7 shall run concurrent to any and all sentences imposed under
1011	1011	8 the Juvenile Court Act of 1987.
1012	1012	9 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
1013	1013	10 102-1104, eff. 12-6-22.)
1014	1014	11 Section 95. No acceleration or delay. Where this Act makes
1015	1015	12 changes in a statute that is represented in this Act by text
1016	1016	13 that is not yet or no longer in effect (for example, a Section
1017	1017	14 represented by multiple versions), the use of that text does
1018	1018	15 not accelerate or delay the taking effect of (i) the changes
1019	1019	16 made by this Act or (ii) provisions derived from any other
1020	1020	17 Public Act.
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025
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