Illinois 2025-2026 Regular Session

Illinois House Bill HB4006 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5730 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. LRB104 12421 RLC 22707 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5730 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. LRB104 12421 RLC 22707 b LRB104 12421 RLC 22707 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/110-5 from Ch. 38, par. 110-5730 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	LRB104 12421 RLC 22707 b LRB104 12421 RLC 22707 b
8	8	LRB104 12421 RLC 22707 b
9	9	A BILL FOR
10	10	HB4006LRB104 12421 RLC 22707 b HB4006 LRB104 12421 RLC 22707 b
11	11	HB4006 LRB104 12421 RLC 22707 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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
39	39	725 ILCS 5/110-5 from Ch. 38, par. 110-5730 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	LRB104 12421 RLC 22707 b LRB104 12421 RLC 22707 b
44	44	LRB104 12421 RLC 22707 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 Sec. 5-8-4. Concurrent and consecutive terms of
335	335	13 imprisonment.
336	336	14 (a) Concurrent terms; multiple or additional sentences.
337	337	15 When an Illinois court (i) imposes multiple sentences of
338	338	16 imprisonment on a defendant at the same time or (ii) imposes a
339	339	17 sentence of imprisonment on a defendant who is already subject
340	340	18 to a sentence of imprisonment imposed by an Illinois court, a
341	341	19 court of another state, or a federal court, then the sentences
342	342	20 shall run concurrently unless otherwise determined by the
343	343	21 Illinois court under this Section.
344	344	22 (b) Concurrent terms; misdemeanor and felony. A defendant
345	345	23 serving a sentence for a misdemeanor who is convicted of a
346	346	24 felony and sentenced to imprisonment shall be transferred to
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357	357	1 the Department of Corrections, and the misdemeanor sentence
358	358	2 shall be merged in and run concurrently with the felony
359	359	3 sentence.
360	360	4 (c) Consecutive terms; permissive. The court may impose
361	361	5 consecutive sentences in any of the following circumstances:
362	362	6 (1) If, having regard to the nature and circumstances
363	363	7 of the offense and the history and character of the
364	364	8 defendant, it is the opinion of the court that consecutive
365	365	9 sentences are required to protect the public from further
366	366	10 criminal conduct by the defendant, the basis for which the
367	367	11 court shall set forth in the record.
368	368	12 (2) If one of the offenses for which a defendant was
369	369	13 convicted was a violation of Section 32-5.2 (aggravated
370	370	14 false personation of a peace officer) of the Criminal Code
371	371	15 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
372	372	16 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
373	373	17 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
374	374	18 offense was committed in attempting or committing a
375	375	19 forcible felony.
376	376	20 (3) (Blank). If a person charged with a felony commits
377	377	21 a separate felony while on pretrial release or in pretrial
378	378	22 detention in a county jail facility or county detention
379	379	23 facility, then the sentences imposed upon conviction of
380	380	24 these felonies may be served consecutively regardless of
381	381	25 the order in which the judgments of conviction are
382	382	26 entered.
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393	393	1 (4) (Blank). If a person commits a battery against a
394	394	2 county correctional officer or sheriff's employee while
395	395	3 serving a sentence or in pretrial detention in a county
396	396	4 jail facility, then the sentence imposed upon conviction
397	397	5 of the battery may be served consecutively with the
398	398	6 sentence imposed upon conviction of the earlier
399	399	7 misdemeanor or felony, regardless of the order in which
400	400	8 the judgments of conviction are entered.
401	401	9 (5) (Blank). If a person admitted to pretrial release
402	402	10 following conviction of a felony commits a separate felony
403	403	11 while released pretrial or if a person detained in a
404	404	12 county jail facility or county detention facility
405	405	13 following conviction of a felony commits a separate felony
406	406	14 while in detention, then any sentence following conviction
407	407	15 of the separate felony may be consecutive to that of the
408	408	16 original sentence for which the defendant was released
409	409	17 pretrial or detained.
410	410	18 (6) (Blank). If a person is found to be in possession
411	411	19 of an item of contraband, as defined in Section 31A-0.1 of
412	412	20 the 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) (Blank). If a person is sentenced for a violation
432	432	4 of a condition of pretrial release under Section 32-10 of
433	433	5 the 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 (8.1) If a person charged with a felony commits a
439	439	11 separate felony while on pretrial release or in pretrial
440	440	12 detention in a county jail facility or county detention
441	441	13 facility, then the sentences imposed upon conviction of
442	442	14 these felonies shall be served consecutively regardless of
443	443	15 the order in which the judgments of conviction are
444	444	16 entered.
445	445	17 (8.2) If a person commits a battery against a county
446	446	18 correctional officer or sheriff's employee while serving a
447	447	19 sentence or in pretrial detention in a county jail
448	448	20 facility, then the sentence imposed upon conviction of the
449	449	21 battery shall be served consecutively with the sentence
450	450	22 imposed upon conviction of the earlier misdemeanor or
451	451	23 felony, regardless of the order in which the judgments of
452	452	24 conviction are entered.
453	453	25 (9.1) If a person admitted to bail following
454	454	26 conviction of a felony commits a separate felony while
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465	465	1 free on bond or if a person detained in a county jail
466	466	2 facility or county detention facility following conviction
467	467	3 of a felony commits a separate felony while in detention,
468	468	4 then any sentence following conviction of the separate
469	469	5 felony shall be consecutive to that of the original
470	470	6 sentence for which the defendant was on bond or detained.
471	471	7 (10.1) If a person is found to be in possession of an
472	472	8 item of contraband, as defined in Section 31A-0.1 of the
473	473	9 Criminal Code of 2012, while serving a sentence in a
474	474	10 county jail or while in pre-trial detention in a county
475	475	11 jail, the sentence imposed upon conviction for the offense
476	476	12 of possessing contraband in a penal institution shall be
477	477	13 served consecutively to the sentence imposed for the
478	478	14 offense in which the person is serving sentence in the
479	479	15 county jail or serving pretrial detention, regardless of
480	480	16 the order in which the judgments of conviction are
481	481	17 entered.
482	482	18 (11.1) If a person is sentenced for a violation of
483	483	19 bail bond under Section 32-10 of the Criminal Code of 1961
484	484	20 or the Criminal Code of 2012, any sentence imposed for
485	485	21 that violation shall be served consecutive to the sentence
486	486	22 imposed for the charge for which bail had been granted and
487	487	23 with respect to which the defendant has been convicted.
488	488	24 (d) Consecutive terms; mandatory. The court shall impose
489	489	25 consecutive sentences in each of the following circumstances:
490	490	26 (1) One of the offenses for which the defendant was
491	491
492	492
493	493
494	494
495	495
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497	497
498	498
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501	501	1 convicted was first degree murder or a Class X or Class 1
502	502	2 felony and the defendant inflicted severe bodily injury.
503	503	3 (2) The defendant was convicted of a violation of
504	504	4 Section 11-1.20 or 12-13 (criminal sexual assault),
505	505	5 11-1.30 or 12-14 (aggravated criminal sexual assault), or
506	506	6 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
507	507	7 child) of the Criminal Code of 1961 or the Criminal Code of
508	508	8 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
509	509	9 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
510	510	10 5/12-14.1).
511	511	11 (2.5) The defendant was convicted of a violation of
512	512	12 paragraph (1), (2), (3), (4), (5), or (7) of subsection
513	513	13 (a) of Section 11-20.1 (child pornography) or of paragraph
514	514	14 (1), (2), (3), (4), (5), or (7) of subsection (a) of
515	515	15 Section 11-20.1B or 11-20.3 (aggravated child pornography)
516	516	16 of the Criminal Code of 1961 or the Criminal Code of 2012;
517	517	17 or the defendant was convicted of a violation of paragraph
518	518	18 (6) of subsection (a) of Section 11-20.1 (child
519	519	19 pornography) or of paragraph (6) of subsection (a) of
520	520	20 Section 11-20.1B or 11-20.3 (aggravated child pornography)
521	521	21 of the Criminal Code of 1961 or the Criminal Code of 2012,
522	522	22 when the child depicted is under the age of 13.
523	523	23 (2.6) The defendant was convicted of:
524	524	24 (A) a violation of paragraph (2) of subsection (b)
525	525	25 of Section 11-20.4 of the Criminal Code of 2012; or
526	526	26 (B) a violation of paragraph (1) of Section
527	527
528	528
529	529
530	530
531	531
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533	533
534	534
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536	536	HB4006 - 15 - LRB104 12421 RLC 22707 b
537	537	1 11-20.4 of the Criminal Code of 2012 when the
538	538	2 purported child depicted is under the age of 13.
539	539	3 (3) The defendant was convicted of armed violence
540	540	4 based upon the predicate offense of any of the following:
541	541	5 solicitation of murder, solicitation of murder for hire,
542	542	6 heinous battery as described in Section 12-4.1 or
543	543	7 subdivision (a)(2) of Section 12-3.05, aggravated battery
544	544	8 of a senior citizen as described in Section 12-4.6 or
545	545	9 subdivision (a)(4) of Section 12-3.05, criminal sexual
546	546	10 assault, a violation of subsection (g) of Section 5 of the
547	547	11 Cannabis Control Act (720 ILCS 550/5), cannabis
548	548	12 trafficking, a violation of subsection (a) of Section 401
549	549	13 of the Illinois Controlled Substances Act (720 ILCS
550	550	14 570/401), controlled substance trafficking involving a
551	551	15 Class X felony amount of controlled substance under
552	552	16 Section 401 of the Illinois Controlled Substances Act (720
553	553	17 ILCS 570/401), a violation of the Methamphetamine Control
554	554	18 and Community Protection Act (720 ILCS 646/), calculated
555	555	19 criminal drug conspiracy, or streetgang criminal drug
556	556	20 conspiracy.
557	557	21 (4) The defendant was convicted of the offense of
558	558	22 leaving the scene of a motor vehicle crash involving death
559	559	23 or personal injuries under Section 11-401 of the Illinois
560	560	24 Vehicle Code (625 ILCS 5/11-401) and either: (A)
561	561	25 aggravated driving under the influence of alcohol, other
562	562	26 drug or drugs, or intoxicating compound or compounds, or
563	563
564	564
565	565
566	566
567	567
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569	569
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573	573	1 any combination thereof under Section 11-501 of the
574	574	2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
575	575	3 homicide under Section 9-3 of the Criminal Code of 1961 or
576	576	4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
577	577	5 offense described in item (A) and an offense described in
578	578	6 item (B).
579	579	7 (5) The defendant was convicted of a violation of
580	580	8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
581	581	9 death) or Section 12-20.5 (dismembering a human body) of
582	582	10 the Criminal Code of 1961 or the Criminal Code of 2012 (720
583	583	11 ILCS 5/9-3.1 or 5/12-20.5).
584	584	12 (5.5) The defendant was convicted of a violation of
585	585	13 Section 24-3.7 (use of a stolen firearm in the commission
586	586	14 of an offense) of the Criminal Code of 1961 or the Criminal
587	587	15 Code of 2012.
588	588	16 (6) If the defendant was in the custody of the
589	589	17 Department of Corrections at the time of the commission of
590	590	18 the offense, the sentence shall be served consecutive to
591	591	19 the sentence under which the defendant is held by the
592	592	20 Department of Corrections.
593	593	21 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
594	594	22 for escape or attempted escape shall be served consecutive
595	595	23 to the terms under which the offender is held by the
596	596	24 Department of Corrections.
597	597	25 (8) (Blank).
598	598	26 (8.5) (Blank).
599	599
600	600
601	601
602	602
603	603
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609	609	1 (9) (Blank).
610	610	2 (10) (Blank).
611	611	3 (11) (Blank).
612	612	4 (e) Consecutive terms; subsequent non-Illinois term. If an
613	613	5 Illinois court has imposed a sentence of imprisonment on a
614	614	6 defendant and the defendant is subsequently sentenced to a
615	615	7 term of imprisonment by a court of another state or a federal
616	616	8 court, then the Illinois sentence shall run consecutively to
617	617	9 the sentence imposed by the court of the other state or the
618	618	10 federal court. That same Illinois court, however, may order
619	619	11 that the Illinois sentence run concurrently with the sentence
620	620	12 imposed by the court of the other state or the federal court,
621	621	13 but only if the defendant applies to that same Illinois court
622	622	14 within 30 days after the sentence imposed by the court of the
623	623	15 other state or the federal court is finalized.
624	624	16 (f) Consecutive terms; aggregate maximums and minimums.
625	625	17 The aggregate maximum and aggregate minimum of consecutive
626	626	18 sentences shall be determined as follows:
627	627	19 (1) For sentences imposed under law in effect prior to
628	628	20 February 1, 1978, the aggregate maximum of consecutive
629	629	21 sentences shall not exceed the maximum term authorized
630	630	22 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
631	631	23 Chapter V for the 2 most serious felonies involved. The
632	632	24 aggregate minimum period of consecutive sentences shall
633	633	25 not exceed the highest minimum term authorized under
634	634	26 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
635	635
636	636
637	637
638	638
639	639
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645	645	1 V for the 2 most serious felonies involved. When sentenced
646	646	2 only for misdemeanors, a defendant shall not be
647	647	3 consecutively sentenced to more than the maximum for one
648	648	4 Class A misdemeanor.
649	649	5 (2) For sentences imposed under the law in effect on
650	650	6 or after February 1, 1978, the aggregate of consecutive
651	651	7 sentences for offenses that were committed as part of a
652	652	8 single course of conduct during which there was no
653	653	9 substantial change in the nature of the criminal objective
654	654	10 shall not exceed the sum of the maximum terms authorized
655	655	11 under Article 4.5 of Chapter V for the 2 most serious
656	656	12 felonies involved, but no such limitation shall apply for
657	657	13 offenses that were not committed as part of a single
658	658	14 course of conduct during which there was no substantial
659	659	15 change in the nature of the criminal objective. When
660	660	16 sentenced only for misdemeanors, a defendant shall not be
661	661	17 consecutively sentenced to more than the maximum for one
662	662	18 Class A misdemeanor.
663	663	19 (g) Consecutive terms; manner served. In determining the
664	664	20 manner in which consecutive sentences of imprisonment, one or
665	665	21 more of which is for a felony, will be served, the Department
666	666	22 of Corrections shall treat the defendant as though he or she
667	667	23 had been committed for a single term subject to each of the
668	668	24 following:
669	669	25 (1) The maximum period of a term of imprisonment shall
670	670	26 consist of the aggregate of the maximums of the imposed
671	671
672	672
673	673
674	674
675	675
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677	677
678	678
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681	681	1 indeterminate terms, if any, plus the aggregate of the
682	682	2 imposed determinate sentences for felonies, plus the
683	683	3 aggregate of the imposed determinate sentences for
684	684	4 misdemeanors, subject to subsection (f) of this Section.
685	685	5 (2) The parole or mandatory supervised release term
686	686	6 shall be as provided in paragraph (e) of Section 5-4.5-50
687	687	7 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
688	688	8 involved.
689	689	9 (3) The minimum period of imprisonment shall be the
690	690	10 aggregate of the minimum and determinate periods of
691	691	11 imprisonment imposed by the court, subject to subsection
692	692	12 (f) of this Section.
693	693	13 (4) The defendant shall be awarded credit against the
694	694	14 aggregate maximum term and the aggregate minimum term of
695	695	15 imprisonment for all time served in an institution since
696	696	16 the commission of the offense or offenses and as a
697	697	17 consequence thereof at the rate specified in Section 3-6-3
698	698	18 (730 ILCS 5/3-6-3).
699	699	19 (h) Notwithstanding any other provisions of this Section,
700	700	20 all sentences imposed by an Illinois court under this Code
701	701	21 shall run concurrent to any and all sentences imposed under
702	702	22 the Juvenile Court Act of 1987.
703	703	23 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
704	704	24 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)
705	705
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