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1 AN ACT concerning courts.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



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




6 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)



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


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



18 Section 10. The Unified Code of Corrections is amended by 
19changing Section 5-8-4 as follows:



20 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)


21 Sec. 5-8-4. Concurrent and consecutive terms of 
 
 
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1imprisonment. 

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

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

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