CD CORR-CONSECUTIVE SENTENCES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4901

Introduced , by Rep. Dennis Tipsword

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8-4

from Ch. 38, par. 1005-8-4

Amends the Unified Code of Corrections. Provides that for sentences
imposed under the law in effect on or after February 1, 1978, exempts the
offenses of possession of child sexual abuse material and the former
offenses of possession of child pornography and possession of aggravated
child pornography from the provision that offenses that were committed as
part of a single course of conduct during which there was no substantial
change in the nature of the criminal objective that the aggregate of
consecutive sentences shall not exceed the sum of the maximum terms
authorized under the Code for the 2 most serious felonies involved.
LRB104 17020 RLC 30435 b

A BILL FOR

HB4901
LRB104 17020 RLC 30435 b
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AN ACT concerning criminal law.

2

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

4

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

6

(730 ILCS 5/5-8-4)

(from Ch. 38, par. 1005-8-4)
7

Sec. 5-8-4.
Concurrent and consecutive terms of
8
imprisonment.
9

(a) Concurrent terms; multiple or additional sentences.
10
When an Illinois court (i) imposes multiple sentences of
11
imprisonment on a defendant at the same time or (ii) imposes a
12
sentence of imprisonment on a defendant who is already subject
13
to a sentence of imprisonment imposed by an Illinois court, a
14
court of another state, or a federal court, then the sentences
15
shall run concurrently unless otherwise determined by the
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Illinois court under this Section.
17

(b) Concurrent terms; misdemeanor and felony. A defendant
18
serving a sentence for a misdemeanor who is convicted of a
19
felony and sentenced to imprisonment shall be transferred to
20
the Department of Corrections, and the misdemeanor sentence
21
shall be merged in and run concurrently with the felony
22
sentence.
23

(c) Consecutive terms; permissive. The court may impose

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LRB104 17020 RLC 30435 b
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consecutive sentences in any of the following circumstances:
2

(1) If, having regard to the nature and circumstances
3

of the offense and the history and character of the
4

defendant, it is the opinion of the court that consecutive
5

sentences are required to protect the public from further
6

criminal conduct by the defendant, the basis for which the
7

court shall set forth in the record.
8

(2) If one of the offenses for which a defendant was
9

convicted was a violation of Section 32-5.2 (aggravated
10

false personation of a peace officer) of the Criminal Code
11

of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
12

(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
13

1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
14

offense was committed in attempting or committing a
15

forcible felony.
16

(3) If a person charged with a felony commits a
17

separate felony while on pretrial release or in pretrial
18

detention in a county jail facility or county detention
19

facility, then the sentences imposed upon conviction of
20

these felonies may be served consecutively regardless of
21

the order in which the judgments of conviction are
22

entered.
23

(4) If a person commits a battery against a county
24

correctional officer or sheriff's employee while serving a
25

sentence or in pretrial detention in a county jail
26

facility, then the sentence imposed upon conviction of the

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LRB104 17020 RLC 30435 b
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battery may be served consecutively with the sentence
2

imposed upon conviction of the earlier misdemeanor or
3

felony, regardless of the order in which the judgments of
4

conviction are entered.
5

(5) If a person admitted to pretrial release following
6

conviction of a felony commits a separate felony while
7

released pretrial or if a person detained in a county jail
8

facility or county detention facility following conviction
9

of a felony commits a separate felony while in detention,
10

then any sentence following conviction of the separate
11

felony may be consecutive to that of the original sentence
12

for which the defendant was released pretrial or detained.
13

(6) If a person is found to be in possession of an item
14

of contraband, as defined in Section 31A-0.1 of the
15

Criminal Code of 2012, while serving a sentence in a
16

county jail or while in pretrial detention in a county
17

jail, the sentence imposed upon conviction for the offense
18

of possessing contraband in a penal institution may be
19

served consecutively to the sentence imposed for the
20

offense for which the person is serving a sentence in the
21

county jail or while in pretrial detention, regardless of
22

the order in which the judgments of conviction are
23

entered.
24

(7) If a person is sentenced for a violation of a
25

condition of pretrial release under Section 32-10 of the
26

Criminal Code of 1961 or the Criminal Code of 2012, any

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1

sentence imposed for that violation may be served
2

consecutive to the sentence imposed for the charge for
3

which pretrial release had been granted and with respect
4

to which the defendant has been convicted.
5

(d) Consecutive terms; mandatory. The court shall impose
6
consecutive sentences in each of the following circumstances:
7

(1) One of the offenses for which the defendant was
8

convicted was first degree murder or a Class X or Class 1
9

felony and the defendant inflicted severe bodily injury.
10

(2) The defendant was convicted of a violation of
11

Section 11-1.20 or 12-13 (criminal sexual assault),
12

11-1.30 or 12-14 (aggravated criminal sexual assault), or
13

11-1.40 or 12-14.1 (predatory criminal sexual assault of a
14

child) of the Criminal Code of 1961 or the Criminal Code of
15

2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
16

5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
17

5/12-14.1).
18

(2.5) The defendant was convicted of a violation of
19

paragraph (1), (2), (3), (4), (5), or (7) of subsection
20

(a) of Section 11-20.1 (child sexual abuse material or
21

child pornography) or of paragraph (1), (2), (3), (4),
22

(5), or (7) of subsection (a) of Section 11-20.1B or
23

11-20.3 (aggravated child pornography) of the Criminal
24

Code of 1961 or the Criminal Code of 2012; or the defendant
25

was convicted of a violation of paragraph (6) of
26

subsection (a) of Section 11-20.1 (child sexual abuse

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material or child pornography) or of paragraph (6) of
2

subsection (a) of Section 11-20.1B or 11-20.3 (aggravated
3

child pornography) of the Criminal Code of 1961 or the
4

Criminal Code of 2012, when the child depicted is under
5

the age of 13.
6

(2.6) The defendant was convicted of:
7

(A) a violation of paragraph (2) of subsection (b)
8

of Section 11-20.4 of the Criminal Code of 2012; or
9

(B) a violation of paragraph (1) of Section
10

11-20.4 of the Criminal Code of 2012 when the
11

purported child depicted is indistinguishable from an
12

actual child under the age of 13.
13

(3) The defendant was convicted of armed violence
14

based upon the predicate offense of any of the following:
15

solicitation of murder, solicitation of murder for hire,
16

heinous battery as described in Section 12-4.1 or
17

subdivision (a)(2) of Section 12-3.05, aggravated battery
18

of a senior citizen as described in Section 12-4.6 or
19

subdivision (a)(4) of Section 12-3.05, criminal sexual
20

assault, a violation of subsection (g) of Section 5 of the
21

Cannabis Control Act (720 ILCS 550/5), cannabis
22

trafficking, a violation of subsection (a) of Section 401
23

of the Illinois Controlled Substances Act (720 ILCS
24

570/401), controlled substance trafficking involving a
25

Class X felony amount of controlled substance under
26

Section 401 of the Illinois Controlled Substances Act (720

HB4901
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LRB104 17020 RLC 30435 b
1

ILCS 570/401), a violation of the Methamphetamine Control
2

and Community Protection Act (720 ILCS 646/), calculated
3

criminal drug conspiracy, or streetgang criminal drug
4

conspiracy.
5

(4) The defendant was convicted of the offense of
6

leaving the scene of a motor vehicle crash involving death
7

or personal injuries under Section 11-401 of the Illinois
8

Vehicle Code (625 ILCS 5/11-401) and either: (A)
9

aggravated driving under the influence of alcohol, other
10

drug or drugs, or intoxicating compound or compounds, or
11

any combination thereof under Section 11-501 of the
12

Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
13

homicide under Section 9-3 of the Criminal Code of 1961 or
14

the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
15

offense described in item (A) and an offense described in
16

item (B).
17

(5) The defendant was convicted of a violation of
18

Section 9-3.1 or Section 9-3.4 (concealment of homicidal
19

death) or Section 12-20.5 (dismembering a human body) of
20

the Criminal Code of 1961 or the Criminal Code of 2012 (720
21

ILCS 5/9-3.1 or 5/12-20.5).
22

(5.5) The defendant was convicted of a violation of
23

Section 24-3.7 (use of a stolen firearm in the commission
24

of an offense) of the Criminal Code of 1961 or the Criminal
25

Code of 2012.
26

(6) If the defendant was in the custody of the

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LRB104 17020 RLC 30435 b
1

Department of Corrections at the time of the commission of
2

the offense, the sentence shall be served consecutive to
3

the sentence under which the defendant is held by the
4

Department of Corrections.
5

(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
6

for escape or attempted escape shall be served consecutive
7

to the terms under which the offender is held by the
8

Department of Corrections.
9

(8) (Blank).
10

(8.5) (Blank).
11

(9) (Blank).
12

(10) (Blank).
13

(11) (Blank).
14

(e) Consecutive terms; subsequent non-Illinois term. If an
15
Illinois court has imposed a sentence of imprisonment on a
16
defendant and the defendant is subsequently sentenced to a
17
term of imprisonment by a court of another state or a federal
18
court, then the Illinois sentence shall run consecutively to
19
the sentence imposed by the court of the other state or the
20
federal court. That same Illinois court, however, may order
21
that the Illinois sentence run concurrently with the sentence
22
imposed by the court of the other state or the federal court,
23
but only if the defendant applies to that same Illinois court
24
within 30 days after the sentence imposed by the court of the
25
other state or the federal court is finalized.
26

(f) Consecutive terms; aggregate maximums and minimums.

HB4901
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LRB104 17020 RLC 30435 b
1
The aggregate maximum and aggregate minimum of consecutive
2
sentences shall be determined as follows:
3

(1) For sentences imposed under law in effect prior to
4

February 1, 1978, the aggregate maximum of consecutive
5

sentences shall not exceed the maximum term authorized
6

under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
7

Chapter V for the 2 most serious felonies involved. The
8

aggregate minimum period of consecutive sentences shall
9

not exceed the highest minimum term authorized under
10

Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
11

V for the 2 most serious felonies involved. When sentenced
12

only for misdemeanors, a defendant shall not be
13

consecutively sentenced to more than the maximum for one
14

Class A misdemeanor.
15

(2) For sentences imposed under the law in effect on
16

or after February 1, 1978
and except for offenses under
17

paragraph (6) of subsection (a) of Section 11-20.1 (child
18

sexual abuse material or child pornography) or of
19

paragraph (6) of subsection (a) of Section 11-20.1B or
20

11-20.3 (aggravated child pornography) of the Criminal
21

Code of 1961 or the Criminal Code of 2012
, the aggregate of
22

consecutive sentences for offenses that were committed as
23

part of a single course of conduct during which there was
24

no substantial change in the nature of the criminal
25

objective shall not exceed the sum of the maximum terms
26

authorized under Article 4.5 of Chapter V for the 2 most

HB4901
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LRB104 17020 RLC 30435 b
1

serious felonies involved, but no such limitation shall
2

apply for offenses that were not committed as part of a
3

single course of conduct during which there was no
4

substantial change in the nature of the criminal
5

objective. When sentenced only for misdemeanors, a
6

defendant shall not be consecutively sentenced to more
7

than the maximum for one Class A misdemeanor.
8

(g) Consecutive terms; manner served. In determining the
9
manner in which consecutive sentences of imprisonment, one or
10
more of which is for a felony, will be served, the Department
11
of Corrections shall treat the defendant as though he or she
12
had been committed for a single term subject to each of the
13
following:
14

(1) The maximum period of a term of imprisonment shall
15

consist of the aggregate of the maximums of the imposed
16

indeterminate terms, if any, plus the aggregate of the
17

imposed determinate sentences for felonies, plus the
18

aggregate of the imposed determinate sentences for
19

misdemeanors, subject to subsection (f) of this Section.
20

(2) The parole or mandatory supervised release term
21

shall be as provided in paragraph (e) of Section 5-4.5-50
22

(730 ILCS 5/5-4.5-50) for the most serious of the offenses
23

involved.
24

(3) The minimum period of imprisonment shall be the
25

aggregate of the minimum and determinate periods of
26

imprisonment imposed by the court, subject to subsection

HB4901
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LRB104 17020 RLC 30435 b
1

(f) of this Section.
2

(4) The defendant shall be awarded credit against the
3

aggregate maximum term and the aggregate minimum term of
4

imprisonment for all time served in an institution since
5

the commission of the offense or offenses and as a
6

consequence thereof at the rate specified in Section 3-6-3
7

(730 ILCS 5/3-6-3).
8

(h) Notwithstanding any other provisions of this Section,
9
all sentences imposed by an Illinois court under this Code
10
shall run concurrent to any and all sentences imposed under
11
the Juvenile Court Act of 1987.
12
(Source: P.A. 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25;
13
104-245, eff. 1-1-26; revised 10-27-25.)

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