Rep. Arthur Turner

Filed: 3/16/2017

 

 


 

 


 
10000HB2775ham001LRB100 10527 SLF 23261 a

1
AMENDMENT TO HOUSE BILL 2775

2    AMENDMENT NO. ______. Amend House Bill 2775 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-4 and 110-10 as follows:
 
6    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
7    Sec. 110-4. Bailable Offenses.
8    (a) All persons shall be bailable before conviction, except
9the following offenses where the proof is evident or the
10presumption great that the defendant is guilty of the offense:
11        (1) capital offenses;
12        (2) offenses for which a sentence of life imprisonment
13    may be imposed as a consequence of conviction;
14        (3) felony offenses for which a sentence of
15    imprisonment, without conditional and revocable release,
16    shall be imposed by law as a consequence of conviction,

 

 

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1    where the court after a hearing, determines that the
2    release of the defendant would pose a real and present
3    threat to the physical safety of any person or persons;
4        (4) stalking or aggravated stalking, where the court,
5    after a hearing, determines that the release of the
6    defendant would pose a real and present threat to the
7    physical safety of the alleged victim of the offense and
8    denial of bail is necessary to prevent fulfillment of the
9    threat upon which the charge is based; or
10        (5) a violation of Section 24-1.1, 24-1.2, 24-1.2-5,
11    24-1.6, 24-1.7, or 24-1.8 of the Criminal Code of 1961 or
12    the Criminal Code of 2012 or unlawful use of weapons in
13    violation of item (4) of subsection (a) of Section 24-1 of
14    the Criminal Code of 1961 or the Criminal Code of 2012 when
15    that offense occurred in a school or in any conveyance
16    owned, leased, or contracted by a school to transport
17    students to or from school or a school-related activity, or
18    on any public way within 1,000 feet of real property
19    comprising any school, where the court, after a hearing,
20    determines that the release of the defendant would pose a
21    real and present threat to the physical safety of any
22    person and denial of bail is necessary to prevent
23    fulfillment of that threat; or
24        (6) making a terrorist threat in violation of Section
25    29D-20 of the Criminal Code of 1961 or the Criminal Code of
26    2012 or an attempt to commit the offense of making a

 

 

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1    terrorist threat, where the court, after a hearing,
2    determines that the release of the defendant would pose a
3    real and present threat to the physical safety of any
4    person and denial of bail is necessary to prevent
5    fulfillment of that threat.
6    (a-5) If bail is set for any offense under this Section
7including, but not limited to, an offense in paragraph (5) of
8subsection (a) of this Section, the State's Attorney may
9request a source of bail hearing under subsection (b-5) of
10Section 110-5 of this Article.
11    (b) A person seeking release on bail who is charged with a
12capital offense or an offense for which a sentence of life
13imprisonment may be imposed shall not be bailable until a
14hearing is held wherein such person has the burden of
15demonstrating that the proof of his guilt is not evident and
16the presumption is not great.
17    (c) Where it is alleged that bail should be denied to a
18person upon the grounds that the person presents a real and
19present threat to the physical safety of any person or persons,
20the burden of proof of such allegations shall be upon the
21State.
22    (d) When it is alleged that bail should be denied to a
23person charged with stalking or aggravated stalking upon the
24grounds set forth in Section 110-6.3 of this Code, the burden
25of proof of those allegations shall be upon the State.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

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1    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
2    Sec. 110-10. Conditions of bail bond.
3    (a) If a person is released prior to conviction, either
4upon payment of bail security or on his or her own
5recognizance, the conditions of the bail bond shall be that he
6or she will:
7        (1) Appear to answer the charge in the court having
8    jurisdiction on a day certain and thereafter as ordered by
9    the court until discharged or final order of the court;
10        (2) Submit himself or herself to the orders and process
11    of the court;
12        (3) Not depart this State without leave of the court;
13        (4) Not violate any criminal statute of any
14    jurisdiction;
15        (5) At a time and place designated by the court,
16    surrender all firearms in his or her possession to a law
17    enforcement officer designated by the court to take custody
18    of and impound the firearms and physically surrender his or
19    her Firearm Owner's Identification Card to the clerk of the
20    circuit court when the offense the person has been charged
21    with is a forcible felony, stalking, aggravated stalking,
22    domestic battery, any violation of the Illinois Controlled
23    Substances Act, the Methamphetamine Control and Community
24    Protection Act, or the Cannabis Control Act that is
25    classified as a Class 2 or greater felony, or any felony

 

 

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1    violation of Article 24 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 not subject to paragraph (5.5) of
3    this Section; the court may, however, forgo the imposition
4    of this condition when the circumstances of the case
5    clearly do not warrant it or when its imposition would be
6    impractical; if the Firearm Owner's Identification Card is
7    confiscated, the clerk of the circuit court shall mail the
8    confiscated card to the Department of Illinois State
9    Police; all legally possessed firearms shall be returned to
10    the person upon the charges being dismissed, or if the
11    person is found not guilty, unless the finding of not
12    guilty is by reason of insanity; and
13        (5.5) At a time and place designated by the court,
14    surrender all firearms in his or her possession to a law
15    enforcement officer designated by the court to take custody
16    of and impound the firearms and physically surrender his or
17    her Firearm Owner's Identification Card to the clerk of the
18    circuit court when the offense the person has been charged
19    with is a violation of paragraph (4) of subsection (a) of
20    Section 24-1 of the Criminal Code of 1961 or Criminal Code
21    of 2012, when that offense occurred in a school or in any
22    conveyance owned, leased, or contracted by a school to
23    transport students to or from school or a school-related
24    activity, or on any public way within 1,000 feet of real
25    property comprising any school, or a violation of Section
26    24-1.1, 24-1.2, 24-1.25, 24-1.6, 24-4.7, or 24-1.8 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012; if the
2    Firearm Owner's Identification Card is confiscated, the
3    clerk of the circuit court shall mail the confiscated card
4    to the Department of State Police; all legally possessed
5    firearms shall be returned to the person upon the charges
6    being dismissed, or if the person is found not guilty,
7    unless the finding of not guilty is by reason of insanity;
8    and
9        (6) At a time and place designated by the court, submit
10    to a psychological evaluation when the person has been
11    charged with a violation of item (4) of subsection (a) of
12    Section 24-1 of the Criminal Code of 1961 or the Criminal
13    Code of 2012 and that violation occurred in a school or in
14    any conveyance owned, leased, or contracted by a school to
15    transport students to or from school or a school-related
16    activity, or on any public way within 1,000 feet of real
17    property comprising any school.
18    Psychological evaluations ordered pursuant to this Section
19shall be completed promptly and made available to the State,
20the defendant, and the court. As a further condition of bail
21under these circumstances, the court shall order the defendant
22to refrain from entering upon the property of the school,
23including any conveyance owned, leased, or contracted by a
24school to transport students to or from school or a
25school-related activity, or on any public way within 1,000 feet
26of real property comprising any school. Upon receipt of the

 

 

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1psychological evaluation, either the State or the defendant may
2request a change in the conditions of bail, pursuant to Section
3110-6 of this Code. The court may change the conditions of bail
4to include a requirement that the defendant follow the
5recommendations of the psychological evaluation, including
6undergoing psychiatric treatment. The conclusions of the
7psychological evaluation and any statements elicited from the
8defendant during its administration are not admissible as
9evidence of guilt during the course of any trial on the charged
10offense, unless the defendant places his or her mental
11competency in issue.
12    (b) The court may impose other conditions, such as the
13following, if the court finds that such conditions are
14reasonably necessary to assure the defendant's appearance in
15court, protect the public from the defendant, or prevent the
16defendant's unlawful interference with the orderly
17administration of justice:
18        (1) Report to or appear in person before such person or
19    agency as the court may direct;
20        (2) Refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) Refrain from approaching or communicating with
23    particular persons or classes of persons;
24        (4) Refrain from going to certain described
25    geographical areas or premises;
26        (5) Refrain from engaging in certain activities or

 

 

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1    indulging in intoxicating liquors or in certain drugs;
2        (6) Undergo treatment for drug addiction or
3    alcoholism;
4        (7) Undergo medical or psychiatric treatment;
5        (8) Work or pursue a course of study or vocational
6    training;
7        (9) Attend or reside in a facility designated by the
8    court;
9        (10) Support his or her dependents;
10        (11) If a minor resides with his or her parents or in a
11    foster home, attend school, attend a non-residential
12    program for youths, and contribute to his or her own
13    support at home or in a foster home;
14        (12) Observe any curfew ordered by the court;
15        (13) Remain in the custody of such designated person or
16    organization agreeing to supervise his release. Such third
17    party custodian shall be responsible for notifying the
18    court if the defendant fails to observe the conditions of
19    release which the custodian has agreed to monitor, and
20    shall be subject to contempt of court for failure so to
21    notify the court;
22        (14) Be placed under direct supervision of the Pretrial
23    Services Agency, Probation Department or Court Services
24    Department in a pretrial bond home supervision capacity
25    with or without the use of an approved electronic
26    monitoring device subject to Article 8A of Chapter V of the

 

 

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1    Unified Code of Corrections;
2        (14.1) The court shall impose upon a defendant who is
3    charged with any alcohol, cannabis, methamphetamine, or
4    controlled substance violation and is placed under direct
5    supervision of the Pretrial Services Agency, Probation
6    Department or Court Services Department in a pretrial bond
7    home supervision capacity with the use of an approved
8    monitoring device, as a condition of such bail bond, a fee
9    that represents costs incidental to the electronic
10    monitoring for each day of such bail supervision ordered by
11    the court, unless after determining the inability of the
12    defendant to pay the fee, the court assesses a lesser fee
13    or no fee as the case may be. The fee shall be collected by
14    the clerk of the circuit court, except as provided in an
15    administrative order of the Chief Judge of the circuit
16    court. The clerk of the circuit court shall pay all monies
17    collected from this fee to the county treasurer for deposit
18    in the substance abuse services fund under Section 5-1086.1
19    of the Counties Code, except as provided in an
20    administrative order of the Chief Judge of the circuit
21    court.
22        The Chief Judge of the circuit court of the county may
23    by administrative order establish a program for electronic
24    monitoring of offenders with regard to drug-related and
25    alcohol-related offenses, in which a vendor supplies and
26    monitors the operation of the electronic monitoring

 

 

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1    device, and collects the fees on behalf of the county. The
2    program shall include provisions for indigent offenders
3    and the collection of unpaid fees. The program shall not
4    unduly burden the offender and shall be subject to review
5    by the Chief Judge.
6        The Chief Judge of the circuit court may suspend any
7    additional charges or fees for late payment, interest, or
8    damage to any device;
9        (14.2) The court shall impose upon all defendants,
10    including those defendants subject to paragraph (14.1)
11    above, placed under direct supervision of the Pretrial
12    Services Agency, Probation Department or Court Services
13    Department in a pretrial bond home supervision capacity
14    with the use of an approved monitoring device, as a
15    condition of such bail bond, a fee which shall represent
16    costs incidental to such electronic monitoring for each day
17    of such bail supervision ordered by the court, unless after
18    determining the inability of the defendant to pay the fee,
19    the court assesses a lesser fee or no fee as the case may
20    be. The fee shall be collected by the clerk of the circuit
21    court, except as provided in an administrative order of the
22    Chief Judge of the circuit court. The clerk of the circuit
23    court shall pay all monies collected from this fee to the
24    county treasurer who shall use the monies collected to
25    defray the costs of corrections. The county treasurer shall
26    deposit the fee collected in the county working cash fund

 

 

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1    under Section 6-27001 or Section 6-29002 of the Counties
2    Code, as the case may be, except as provided in an
3    administrative order of the Chief Judge of the circuit
4    court.
5        The Chief Judge of the circuit court of the county may
6    by administrative order establish a program for electronic
7    monitoring of offenders with regard to drug-related and
8    alcohol-related offenses, in which a vendor supplies and
9    monitors the operation of the electronic monitoring
10    device, and collects the fees on behalf of the county. The
11    program shall include provisions for indigent offenders
12    and the collection of unpaid fees. The program shall not
13    unduly burden the offender and shall be subject to review
14    by the Chief Judge.
15        The Chief Judge of the circuit court may suspend any
16    additional charges or fees for late payment, interest, or
17    damage to any device;
18        (14.3) The Chief Judge of the Judicial Circuit may
19    establish reasonable fees to be paid by a person receiving
20    pretrial services while under supervision of a pretrial
21    services agency, probation department, or court services
22    department. Reasonable fees may be charged for pretrial
23    services including, but not limited to, pretrial
24    supervision, diversion programs, electronic monitoring,
25    victim impact services, drug and alcohol testing, DNA
26    testing, GPS electronic monitoring, assessments and

 

 

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1    evaluations related to domestic violence and other
2    victims, and victim mediation services. The person
3    receiving pretrial services may be ordered to pay all costs
4    incidental to pretrial services in accordance with his or
5    her ability to pay those costs;
6        (14.4) For persons charged with violating Section
7    11-501 of the Illinois Vehicle Code, refrain from operating
8    a motor vehicle not equipped with an ignition interlock
9    device, as defined in Section 1-129.1 of the Illinois
10    Vehicle Code, pursuant to the rules promulgated by the
11    Secretary of State for the installation of ignition
12    interlock devices. Under this condition the court may allow
13    a defendant who is not self-employed to operate a vehicle
14    owned by the defendant's employer that is not equipped with
15    an ignition interlock device in the course and scope of the
16    defendant's employment;
17        (15) Comply with the terms and conditions of an order
18    of protection issued by the court under the Illinois
19    Domestic Violence Act of 1986 or an order of protection
20    issued by the court of another state, tribe, or United
21    States territory;
22        (16) Under Section 110-6.5 comply with the conditions
23    of the drug testing program; and
24        (17) Such other reasonable conditions as the court may
25    impose.
26    (c) When a person is charged with an offense under Section

 

 

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111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, involving a victim who is a minor under
418 years of age living in the same household with the defendant
5at the time of the offense, in granting bail or releasing the
6defendant on his own recognizance, the judge shall impose
7conditions to restrict the defendant's access to the victim
8which may include, but are not limited to conditions that he
9will:
10        1. Vacate the household.
11        2. Make payment of temporary support to his dependents.
12        3. Refrain from contact or communication with the child
13    victim, except as ordered by the court.
14    (d) When a person is charged with a criminal offense and
15the victim is a family or household member as defined in
16Article 112A, conditions shall be imposed at the time of the
17defendant's release on bond that restrict the defendant's
18access to the victim. Unless provided otherwise by the court,
19the restrictions shall include requirements that the defendant
20do the following:
21        (1) refrain from contact or communication with the
22    victim for a minimum period of 72 hours following the
23    defendant's release; and
24        (2) refrain from entering or remaining at the victim's
25    residence for a minimum period of 72 hours following the
26    defendant's release.

 

 

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1    (e) Local law enforcement agencies shall develop
2standardized bond forms for use in cases involving family or
3household members as defined in Article 112A, including
4specific conditions of bond as provided in subsection (d).
5Failure of any law enforcement department to develop or use
6those forms shall in no way limit the applicability and
7enforcement of subsections (d) and (f).
8    (f) If the defendant is admitted to bail after conviction
9the conditions of the bail bond shall be that he will, in
10addition to the conditions set forth in subsections (a) and (b)
11hereof:
12        (1) Duly prosecute his appeal;
13        (2) Appear at such time and place as the court may
14    direct;
15        (3) Not depart this State without leave of the court;
16        (4) Comply with such other reasonable conditions as the
17    court may impose; and
18        (5) If the judgment is affirmed or the cause reversed
19    and remanded for a new trial, forthwith surrender to the
20    officer from whose custody he was bailed.
21    (g) Upon a finding of guilty for any felony offense, the
22defendant shall physically surrender, at a time and place
23designated by the court, any and all firearms in his or her
24possession and his or her Firearm Owner's Identification Card
25as a condition of remaining on bond pending sentencing.
26(Source: P.A. 99-797, eff. 8-12-16.)".