Public Act 93-0184

SB1199 Enrolled                      LRB093 10235 RLC 10489 b

    AN ACT concerning criminal law.

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

    Section  5.   The  Code  of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:

    (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
    Sec. 110-10.  Conditions of bail bond.
    (a)  If a person is released prior to conviction,  either
upon   payment  of  bail  security  or  on  his  or  her  own
recognizance, the conditions of the bail bond shall  be  that
he or she will:
         (1)  Appear to answer the charge in the court having
    jurisdiction  on  a day certain and thereafter as ordered
    by the court until  discharged  or  final  order  of  the
    court;
         (2)  Submit  himself  or  herself  to the orders and
    process of the court;
         (3)  Not depart this  State  without  leave  of  the
    court;
         (4)  Not   violate   any  criminal  statute  of  any
    jurisdiction;
         (5)  At a time and place designated  by  the  court,
    surrender  all firearms in his or her possession to a law
    enforcement officer  designated  by  the  court  to  take
    custody  of  and  impound  the  firearms  and  physically
    surrender  his or her Firearm Owner's Identification Card
    to the clerk of the circuit court  when the  offense  the
    person  has  been  charged  with  is  a  forcible felony,
    stalking,  aggravated  stalking,  domestic  battery,  any
    violation of either the  Illinois  Controlled  Substances
    Act  or  the Cannabis Control Act that is classified as a
    Class 2 or greater felony, or  any  felony  violation  of
    Article  24  of the Criminal Code of 1961; the court may,
    however, forgo the imposition of this condition when  the
    circumstances  of  the  case clearly do not warrant it or
    when its imposition would  be  impractical;  all  legally
    possessed  firearms  shall be returned to the person upon
    that person completing a sentence for a conviction  on  a
    misdemeanor  domestic  battery,  upon  the  charges being
    dismissed, or if the person is found not  guilty,  unless
    the finding of not guilty is by reason of insanity; and
         (6)  At  a  time  and place designated by the court,
    submit to a psychological evaluation when the person  has
    been  charged  with a violation of item (4) of subsection
    (a) of Section 24-1 of the Criminal Code of 1961 and that
    violation occurred in  a  school  or  in  any  conveyance
    owned,  leased,  or  contracted  by a school to transport
    students to or from school or a school-related  activity,
    or  on  any public way within 1,000 feet of real property
    comprising any school.
    Psychological  evaluations  ordered  pursuant   to   this
Section shall be completed promptly and made available to the
State,  the defendant, and the court.  As a further condition
of bail under these circumstances, the court shall order  the
defendant  to  refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to  or  from  school  or  a
school-related  activity,  or  on any public way within 1,000
feet of real property comprising any school.  Upon receipt of
the  psychological  evaluation,  either  the  State  or   the
defendant  may  request  a  change in the conditions of bail,
pursuant to Section 110-6 of this Code.  The court may change
the conditions of bail to  include  a  requirement  that  the
defendant  follow  the  recommendations  of the psychological
evaluation, including undergoing psychiatric treatment.   The
conclusions   of   the   psychological   evaluation  and  any
statements   elicited   from   the   defendant   during   its
administration are not admissible as evidence of guilt during
the course of any trial on the charged  offense,  unless  the
defendant places his or her mental competency in issue.
    (b)  The  court  may impose other conditions, such as the
following, if  the  court  finds  that  such  conditions  are
reasonably  necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent  the
defendant's    unlawful   interference   with   the   orderly
administration of justice:
         (1)  Report to  or  appear  in  person  before  such
    person or agency as the court may direct;
         (2)  Refrain  from  possessing  a  firearm  or other
    dangerous weapon;
         (3)  Refrain from approaching or communicating  with
    particular persons or classes of persons;
         (4)  Refrain   from   going   to  certain  described
    geographical areas or premises;
         (5)  Refrain from engaging in certain activities  or
    indulging in intoxicating liquors or in certain drugs;
         (6)  Undergo   treatment   for   drug  addiction  or
    alcoholism;
         (7)  Undergo medical or psychiatric treatment;
         (8)  Work or pursue a course of study or  vocational
    training;
         (9)  Attend  or  reside  in a facility designated by
    the court;
         (10)  Support his or her dependents;
         (11)  If a minor resides with his or her parents  or
    in a foster home, attend school, attend a non-residential
    program  for  youths,  and  contribute  to his or her own
    support at home or in a foster home;
         (12)  Observe any curfew ordered by the court;
         (13)  Remain  in  the  custody  of  such  designated
    person or organization agreeing to supervise his release.
    Such third  party  custodian  shall  be  responsible  for
    notifying the court if the defendant fails to observe the
    conditions  of  release which the custodian has agreed to
    monitor, and shall be subject to contempt  of  court  for
    failure so to notify the court;
         (14)  Be  placed  under  direct  supervision  of the
    Pretrial Services Agency, Probation Department  or  Court
    Services  Department  in a pretrial bond home supervision
    capacity  with  or  without  the  use  of   an   approved
    electronic  monitoring  device  subject  to Article 8A of
    Chapter V of the Unified Code of Corrections;
         (14.1)  The court shall impose upon a defendant  who
    is  charged  with  any  alcohol,  cannabis  or controlled
    substance  violation   and   is   placed   under   direct
    supervision  of  the  Pretrial Services Agency, Probation
    Department or Court Services  Department  in  a  pretrial
    bond  home  supervision  capacity  with  the  use  of  an
    approved  monitoring  device, as a condition of such bail
    bond, a fee  that  represents  costs  incidental  to  the
    electronic   monitoring   for   each  day  of  such  bail
    supervision  ordered   by   the   court,   unless   after
    determining  the  inability  of  the defendant to pay the
    fee, the court assesses a lesser fee or  no  fee  as  the
    case  may be.  The fee shall be collected by the clerk of
    the circuit court.  The clerk of the circuit court  shall
    pay  all  monies  collected  from  this fee to the county
    treasurer for deposit in  the  substance  abuse  services
    fund under Section 5-1086.1 of the Counties Code;
         (14.2)  The  court shall impose upon all defendants,
    including those defendants subject  to  paragraph  (14.1)
    above,  placed  under  direct supervision of the Pretrial
    Services Agency, Probation Department or  Court  Services
    Department  in  a pretrial bond home supervision capacity
    with the use of  an  approved  monitoring  device,  as  a
    condition  of such bail bond, a fee which shall represent
    costs incidental to such electronic monitoring  for  each
    day of such bail supervision ordered by the court, unless
    after  determining  the inability of the defendant to pay
    the fee, the court assesses a lesser fee or no fee as the
    case may be.  The fee shall be collected by the clerk  of
    the  circuit court.  The clerk of the circuit court shall
    pay all monies collected from  this  fee  to  the  county
    treasurer  who  shall  use the monies collected to defray
    the costs of corrections.   The  county  treasurer  shall
    deposit the fee collected in the county working cash fund
    under Section 6-27001 or Section  6-29002 of the Counties
    Code, as the case may be;
         (14.3)  The  Chief Judge of the Judicial Circuit may
    establish  reasonable  fees  to  be  paid  by  a   person
    receiving  pretrial services while under supervision of a
    pretrial services agency, probation department, or  court
    services  department.  Reasonable fees may be charged for
    pretrial services including, but not limited to, pretrial
    supervision, diversion programs,  electronic  monitoring,
    victim  impact  services,  drug  and alcohol testing, and
    victim mediation services.  The person receiving pretrial
    services may be ordered to pay all  costs  incidental  to
    pretrial  services  in accordance with his or her ability
    to pay those costs;
         (14.4)  For persons charged with  violating  Section
    11-501   of  the  Illinois  Vehicle  Code,  refrain  from
    operating a motor vehicle not equipped with  an  ignition
    interlock  device,  as  defined in Section 1-129.1 of the
    Illinois Vehicle Code, pursuant to the rules  promulgated
    by  the  Secretary  of  State  for  the  installation  of
    ignition  interlock  devices.   Under  this condition the
    court may allow a defendant who is not  self-employed  to
    operate  a vehicle owned by the defendant's employer that
    is not equipped with an ignition interlock device in  the
    course and scope of the defendant's employment;
         (15)  Comply  with  the  terms  and conditions of an
    order  of  protection  issued  by  the  court  under  the
    Illinois Domestic Violence Act of 1986  or  an  order  of
    protection  issued  by the court of another state, tribe,
    or United States territory;
         (16)  Under  Section   110-6.5   comply   with   the
    conditions of the drug testing program; and
         (17)  Such  other reasonable conditions as the court
    may impose.
    (c)  When a person  is  charged  with  an  offense  under
Section   12-13,  12-14,  12-14.1,  12-15  or  12-16  of  the
"Criminal Code of 1961", involving a victim who  is  a  minor
under  18  years of age living in the same household with the
defendant at the time of the offense,  in  granting  bail  or
releasing  the  defendant  on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the  victim  which  may  include,  but  are  not  limited  to
conditions that he will:
         1.  Vacate the Household.
         2.  Make  payment  of  temporary  support   to   his
    dependents.
         3.  Refrain  from  contact or communication with the
    child victim, except as ordered by the court.
    (d)  When a person is charged with a criminal offense and
the victim is a family or  household  member  as  defined  in
Article  112A, conditions shall be imposed at the time of the
defendant's release on bond  that  restrict  the  defendant's
access to the victim. Unless provided otherwise by the court,
the   restrictions   shall   include  requirements  that  the
defendant do the following:
         (1)  refrain from contact or communication with  the
    victim  for  a  minimum  period of 72 hours following the
    defendant's release; and
         (2)  refrain  from  entering  or  remaining  at  the
    victim's residence for  a  minimum  period  of  72  hours
    following the defendant's release.
    (e)  Local   law   enforcement   agencies  shall  develop
standardized bond forms for use in cases involving family  or
household  members  as  defined  in  Article  112A, including
specific conditions of bond as provided  in  subsection  (d).
Failure  of  any law enforcement department to develop or use
those forms shall in  no  way  limit  the  applicability  and
enforcement of subsections (d) and (f).
    (f)  If   the   defendant   is  admitted  to  bail  after
conviction the conditions of the bail bond shall be  that  he
will,  in addition to the conditions set forth in subsections
(a) and (b) hereof:
         (1)  Duly prosecute his appeal;
         (2)  Appear at such time and place as the court  may
    direct;
         (3)  Not  depart  this  State  without  leave of the
    court;
         (4)  Comply with such other reasonable conditions as
    the court may impose; and
         (5)  If  the  judgment  is  affirmed  or  the  cause
    reversed  and  remanded  for  a  new   trial,   forthwith
    surrender  to  the  officer  from  whose  custody  he was
    bailed.
    (g)  Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at  a  time  and  place
designated  by  the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
(Source: P.A.  91-11,  eff.  6-4-99;  91-312,  eff.   1-1-00;
91-696,  eff.  4-13-00;  91-903,  eff.  1-1-01;  92-329, eff.
8-9-01; 92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)