100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2775

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-4  from Ch. 38, par. 110-4
725 ILCS 5/110-6  from Ch. 38, par. 110-6

    Amends the Code of Criminal Procedure of 1963. Provides that a person who does not pose a real and present threat to the physical safety of any person, presents a flight risk in the absence of a bail bond, and is otherwise eligible for bail shall not be detained solely because of their financial or economic inability to post bond. Provides that if bail is set or if a defendant is ordered to be electronically monitored as a condition of release, and if the defendant has been unable to post the required bond or secure a location from which to be electronically monitored and remains in custody for 72 hours after the date bail or release with conditions has been set, the defendant shall be afforded a hearing where the court may alter the conditions of bail or release. Provides that the inability of the defendant to pay bail or lack of suitable housing shall be deemed sufficient new facts to support a motion for this hearing.


LRB100 10527 SLF 20743 b

 

 

A BILL FOR

 

HB2775LRB100 10527 SLF 20743 b

1    AN ACT concerning criminal law.
 
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 Sections 110-4 and 110-6 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:
11capital offenses; offenses for which a sentence of life
12imprisonment may be imposed as a consequence of conviction;
13felony offenses for which a sentence of imprisonment, without
14conditional and revocable release, shall be imposed by law as a
15consequence of conviction, where the court after a hearing,
16determines that the release of the defendant would pose a real
17and present threat to the physical safety of any person or
18persons; stalking or aggravated stalking, where the court,
19after a hearing, determines that the release of the defendant
20would pose a real and present threat to the physical safety of
21the alleged victim of the offense and denial of bail is
22necessary to prevent fulfillment of the threat upon which the
23charge is based; or unlawful use of weapons in violation of

 

 

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1item (4) of subsection (a) of Section 24-1 of the Criminal Code
2of 1961 or the Criminal Code of 2012 when that offense occurred
3in a school or in any conveyance owned, leased, or contracted
4by a school to transport students to or from school or a
5school-related activity, or on any public way within 1,000 feet
6of real property comprising any school, where the court, after
7a hearing, determines that the release of the defendant would
8pose a real and present threat to the physical safety of any
9person and denial of bail is necessary to prevent fulfillment
10of that threat; or making a terrorist threat in violation of
11Section 29D-20 of the Criminal Code of 1961 or the Criminal
12Code of 2012 or an attempt to commit the offense of making a
13terrorist threat, where the court, after a hearing, determines
14that the release of the defendant would pose a real and present
15threat to the physical safety of any person and denial of bail
16is necessary to prevent fulfillment of that threat.
17    (a-5) A person who does not pose a real and present threat
18to the physical safety of any person, presents a flight risk in
19the absence of a bail bond, and is otherwise eligible for bail
20under this Article shall not be detained solely because of
21their financial or economic inability to post bond.
22    (b) A person seeking release on bail who is charged with a
23capital offense or an offense for which a sentence of life
24imprisonment may be imposed shall not be bailable until a
25hearing is held wherein such person has the burden of
26demonstrating that the proof of his guilt is not evident and

 

 

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1the presumption is not great.
2    (c) Where it is alleged that bail should be denied to a
3person upon the grounds that the person presents a real and
4present threat to the physical safety of any person or persons,
5the burden of proof of such allegations shall be upon the
6State.
7    (d) When it is alleged that bail should be denied to a
8person charged with stalking or aggravated stalking upon the
9grounds set forth in Section 110-6.3 of this Code, the burden
10of proof of those allegations shall be upon the State.
11(Source: P.A. 97-1150, eff. 1-25-13.)
 
12    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
13    Sec. 110-6. (a) Upon verified application by the State or
14the defendant or on its own motion the court before which the
15proceeding is pending may increase or reduce the amount of bail
16or may alter the conditions of the bail bond or grant bail
17where it has been previously revoked or denied. If bail has
18been previously revoked under pursuant to subsection (f) of
19this Section or if bail has been denied to the defendant under
20pursuant to subsection (e) of Section 110-6.1 or subsection (e)
21of Section 110-6.3, the defendant shall be required to present
22a verified application setting forth in detail any new facts
23not known or obtainable at the time of the previous revocation
24or denial of bail proceedings. If the court grants bail where
25it has been previously revoked or denied, the court shall state

 

 

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1on the record of the proceedings the findings of facts and
2conclusion of law upon which such order is based.
3    (a-5) If bail is set under Section 110-5 of this Article or
4if a defendant is ordered to be electronically monitored as a
5condition of release, and if the defendant has been unable to
6post the required bond or secure a location from which to be
7electronically monitored and remains in custody for 72 hours
8after the date bail or release with conditions has been set,
9the defendant shall be afforded a hearing under subsection (a)
10of this Section. The inability of the defendant to pay bail or
11lack of suitable housing shall be deemed sufficient new facts
12to support a motion for the alteration of bail under subsection
13(a) of this Section.
14    (b) Violation of the conditions of Section 110-10 of this
15Code or any special conditions of bail as ordered by the court
16shall constitute grounds for the court to increase the amount
17of bail, or otherwise alter the conditions of bail, or, where
18the alleged offense committed on bail is a forcible felony in
19Illinois or a Class 2 or greater offense under the Illinois
20Controlled Substances Act, the Cannabis Control Act, or the
21Methamphetamine Control and Community Protection Act, revoke
22bail pursuant to the appropriate provisions of subsection (e)
23of this Section.
24    (c) Reasonable notice of such application by the defendant
25shall be given to the State.
26    (d) Reasonable notice of such application by the State

 

 

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1shall be given to the defendant, except as provided in
2subsection (e).
3    (e) Upon verified application by the State stating facts or
4circumstances constituting a violation or a threatened
5violation of any of the conditions of the bail bond the court
6may issue a warrant commanding any peace officer to bring the
7defendant without unnecessary delay before the court for a
8hearing on the matters set forth in the application. If the
9actual court before which the proceeding is pending is absent
10or otherwise unavailable another court may issue a warrant
11pursuant to this Section. When the defendant is charged with a
12felony offense and while free on bail is charged with a
13subsequent felony offense and is the subject of a proceeding
14set forth in Section 109-1 or 109-3 of this Code, upon the
15filing of a verified petition by the State alleging a violation
16of Section 110-10 (a) (4) of this Code, the court shall without
17prior notice to the defendant, grant leave to file such
18application and shall order the transfer of the defendant and
19the application without unnecessary delay to the court before
20which the previous felony matter is pending for a hearing as
21provided in subsection (b) or this subsection of this Section.
22The defendant shall be held without bond pending transfer to
23and a hearing before such court. At the conclusion of the
24hearing based on a violation of the conditions of Section
25110-10 of this Code or any special conditions of bail as
26ordered by the court the court may enter an order increasing

 

 

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1the amount of bail or alter the conditions of bail as deemed
2appropriate.
3    (f) Where the alleged violation consists of the violation
4of one or more felony statutes of any jurisdiction which would
5be a forcible felony in Illinois or a Class 2 or greater
6offense under the Illinois Controlled Substances Act, the
7Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act and the defendant is on bail for the
9alleged commission of a felony, or where the defendant is on
10bail for a felony domestic battery (enhanced pursuant to
11subsection (b) of Section 12-3.2 of the Criminal Code of 1961
12or the Criminal Code of 2012), aggravated domestic battery,
13aggravated battery, unlawful restraint, aggravated unlawful
14restraint or domestic battery in violation of item (1) of
15subsection (a) of Section 12-3.2 of the Criminal Code of 1961
16or the Criminal Code of 2012 against a family or household
17member as defined in Section 112A-3 of this Code and the
18violation is an offense of domestic battery against the same
19victim the court shall, on the motion of the State or its own
20motion, revoke bail in accordance with the following
21provisions:
22        (1) The court shall hold the defendant without bail
23    pending the hearing on the alleged breach; however, if the
24    defendant is not admitted to bail the hearing shall be
25    commenced within 10 days from the date the defendant is
26    taken into custody or the defendant may not be held any

 

 

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1    longer without bail, unless delay is occasioned by the
2    defendant. Where defendant occasions the delay, the
3    running of the 10 day period is temporarily suspended and
4    resumes at the termination of the period of delay. Where
5    defendant occasions the delay with 5 or fewer days
6    remaining in the 10 day period, the court may grant a
7    period of up to 5 additional days to the State for good
8    cause shown. The State, however, shall retain the right to
9    proceed to hearing on the alleged violation at any time,
10    upon reasonable notice to the defendant and the court.
11        (2) At a hearing on the alleged violation the State has
12    the burden of going forward and proving the violation by
13    clear and convincing evidence. The evidence shall be
14    presented in open court with the opportunity to testify, to
15    present witnesses in his behalf, and to cross-examine
16    witnesses if any are called by the State, and
17    representation by counsel and if the defendant is indigent
18    to have counsel appointed for him. The rules of evidence
19    applicable in criminal trials in this State shall not
20    govern the admissibility of evidence at such hearing.
21    Information used by the court in its findings or stated in
22    or offered in connection with hearings for increase or
23    revocation of bail may be by way of proffer based upon
24    reliable information offered by the State or defendant. All
25    evidence shall be admissible if it is relevant and reliable
26    regardless of whether it would be admissible under the

 

 

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1    rules of evidence applicable at criminal trials. A motion
2    by the defendant to suppress evidence or to suppress a
3    confession shall not be entertained at such a hearing.
4    Evidence that proof may have been obtained as a result of
5    an unlawful search and seizure or through improper
6    interrogation is not relevant to this hearing.
7        (3) Upon a finding by the court that the State has
8    established by clear and convincing evidence that the
9    defendant has committed a forcible felony or a Class 2 or
10    greater offense under the Illinois Controlled Substances
11    Act, the Cannabis Control Act, or the Methamphetamine
12    Control and Community Protection Act while admitted to
13    bail, or where the defendant is on bail for a felony
14    domestic battery (enhanced pursuant to subsection (b) of
15    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
16    Code of 2012), aggravated domestic battery, aggravated
17    battery, unlawful restraint, aggravated unlawful restraint
18    or domestic battery in violation of item (1) of subsection
19    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
20    Criminal Code of 2012 against a family or household member
21    as defined in Section 112A-3 of this Code and the violation
22    is an offense of domestic battery, against the same victim,
23    the court shall revoke the bail of the defendant and hold
24    the defendant for trial without bail. Neither the finding
25    of the court nor any transcript or other record of the
26    hearing shall be admissible in the State's case in chief,

 

 

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1    but shall be admissible for impeachment, or as provided in
2    Section 115-10.1 of this Code or in a perjury proceeding.
3        (4) If the bail of any defendant is revoked pursuant to
4    paragraph (f) (3) of this Section, the defendant may demand
5    and shall be entitled to be brought to trial on the offense
6    with respect to which he was formerly released on bail
7    within 90 days after the date on which his bail was
8    revoked. If the defendant is not brought to trial within
9    the 90 day period required by the preceding sentence, he
10    shall not be held longer without bail. In computing the 90
11    day period, the court shall omit any period of delay
12    resulting from a continuance granted at the request of the
13    defendant.
14        (5) If the defendant either is arrested on a warrant
15    issued pursuant to this Code or is arrested for an
16    unrelated offense and it is subsequently discovered that
17    the defendant is a subject of another warrant or warrants
18    issued pursuant to this Code, the defendant shall be
19    transferred promptly to the court which issued such
20    warrant. If, however, the defendant appears initially
21    before a court other than the court which issued such
22    warrant, the non-issuing court shall not alter the amount
23    of bail heretofore set on such warrant unless the court
24    sets forth on the record of proceedings the conclusions of
25    law and facts which are the basis for such altering of
26    another court's bond. The non-issuing court shall not alter

 

 

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1    another courts bail set on a warrant unless the interests
2    of justice and public safety are served by such action.
3    (g) The State may appeal any order where the court has
4increased or reduced the amount of bail or altered the
5conditions of the bail bond or granted bail where it has
6previously been revoked.
7(Source: P.A. 97-1150, eff. 1-25-13.)