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91_HB1511eng
HB1511 Engrossed LRB9104882RCdv
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-6.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-6.3 as follows:
7 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
8 Sec. 110-6.3. Denial of bail in stalking, and aggravated
9 stalking, kidnapping, and aggravated kidnapping offenses.
10 (a) Upon verified petition by the State, the court shall
11 hold a hearing to determine whether bail should be denied to
12 a defendant who is charged with stalking, or aggravated
13 stalking, kidnapping, and aggravated kidnapping, when it is
14 alleged that the defendant's admission to bail poses a real
15 and present threat to the physical safety of the alleged
16 victim of the offense, and denial of release on bail or
17 personal recognizance is necessary to prevent fulfillment of
18 the threat upon which the charge is based.
19 (1) A petition may be filed without prior notice to
20 the defendant at the first appearance before a judge, or
21 within 21 calendar days, except as provided in Section
22 110-6, after arrest and release of the defendant upon
23 reasonable notice to defendant; provided that while the
24 petition is pending before the court, the defendant if
25 previously released shall not be detained.
26 (2) The hearing shall be held immediately upon the
27 defendant's appearance before the court, unless for good
28 cause shown the defendant or the State seeks a
29 continuance. A continuance on motion of the defendant
30 may not exceed 5 calendar days, and the defendant may be
31 held in custody during the continuance. A continuance on
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1 the motion of the State may not exceed 3 calendar days;
2 however, the defendant may be held in custody during the
3 continuance under this provision if the defendant has
4 been previously found to have violated an order of
5 protection or has been previously convicted of, or
6 granted court supervision for, any of the offenses set
7 forth in Sections 10-1, 12-2, 12-3.2, 12-4, 12-4.1,
8 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of
9 the Criminal Code of 1961, against the same person as the
10 alleged victim of the stalking, or aggravated stalking,
11 kidnapping, or aggravated kidnapping offense.
12 (b) The court may deny bail to the defendant when, after
13 the hearing, it is determined that:
14 (1) the proof is evident or the presumption great
15 that the defendant has committed the offense of stalking,
16 or aggravated stalking, kidnapping, or aggravated
17 kidnapping; and
18 (2) the defendant poses a real and present threat
19 to the physical safety of the alleged victim of the
20 offense; and
21 (3) the denial of release on bail or personal
22 recognizance is necessary to prevent fulfillment of the
23 threat upon which the charge is based; and
24 (4) the court finds that no condition or
25 combination of conditions set forth in subsection (b) of
26 Section 110-10 of this Code, including mental health
27 treatment at a community mental health center, hospital,
28 or facility of the Department of Human Services, can
29 reasonably assure the physical safety of the alleged
30 victim of the offense.
31 (c) Conduct of the hearings.
32 (1) The hearing on the defendant's culpability and
33 threat to the alleged victim of the offense shall be
34 conducted in accordance with the following provisions:
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1 (A) Information used by the court in its
2 findings or stated in or offered at the hearing may
3 be by way of proffer based upon reliable information
4 offered by the State or by defendant. Defendant has
5 the right to be represented by counsel, and if he is
6 indigent, to have counsel appointed for him.
7 Defendant shall have the opportunity to testify, to
8 present witnesses in his own behalf, and to
9 cross-examine witnesses if any are called by the
10 State. The defendant has the right to present
11 witnesses in his favor. When the ends of justice so
12 require, the court may exercise its discretion and
13 compel the appearance of a complaining witness. The
14 court shall state on the record reasons for granting
15 a defense request to compel the presence of a
16 complaining witness. Cross-examination of a
17 complaining witness at the pretrial detention
18 hearing for the purpose of impeaching the witness'
19 credibility is insufficient reason to compel the
20 presence of the witness. In deciding whether to
21 compel the appearance of a complaining witness, the
22 court shall be considerate of the emotional and
23 physical well-being of the witness. The pretrial
24 detention hearing is not to be used for the purposes
25 of discovery, and the post arraignment rules of
26 discovery do not apply. The State shall tender to
27 the defendant, prior to the hearing, copies of
28 defendant's criminal history, if any, if available,
29 and any written or recorded statements and the
30 substance of any oral statements made by any person,
31 if relied upon by the State. The rules concerning
32 the admissibility of evidence in criminal trials do
33 not apply to the presentation and consideration of
34 information at the hearing. At the trial concerning
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1 the offense for which the hearing was conducted
2 neither the finding of the court nor any transcript
3 or other record of the hearing shall be admissible
4 in the State's case in chief, but shall be
5 admissible for impeachment, or as provided in
6 Section 115-10.1 of this Code, or in a perjury
7 proceeding.
8 (B) A motion by the defendant to suppress
9 evidence or to suppress a confession shall not be
10 entertained. Evidence that proof may have been
11 obtained as the result of an unlawful search and
12 seizure or through improper interrogation is not
13 relevant to this state of the prosecution.
14 (2) The facts relied upon by the court to support a
15 finding that:
16 (A) the defendant poses a real and present
17 threat to the physical safety of the alleged victim
18 of the offense; and
19 (B) the denial of release on bail or personal
20 recognizance is necessary to prevent fulfillment of
21 the threat upon which the charge is based;
22 shall be supported by clear and convincing evidence
23 presented by the State.
24 (d) Factors to be considered in making a determination
25 of the threat to the alleged victim of the offense. The court
26 may, in determining whether the defendant poses, at the time
27 of the hearing, a real and present threat to the physical
28 safety of the alleged victim of the offense, consider but
29 shall not be limited to evidence or testimony concerning:
30 (1) The nature and circumstances of the offense
31 charged;
32 (2) The history and characteristics of the
33 defendant including:
34 (A) Any evidence of the defendant's prior
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1 criminal history indicative of violent, abusive or
2 assaultive behavior, or lack of that behavior. The
3 evidence may include testimony or documents received
4 in juvenile proceedings, criminal, quasi-criminal,
5 civil commitment, domestic relations or other
6 proceedings;
7 (B) Any evidence of the defendant's
8 psychological, psychiatric or other similar social
9 history that tends to indicate a violent, abusive,
10 or assaultive nature, or lack of any such history.
11 (3) The nature of the threat which is the basis of
12 the charge against the defendant;
13 (4) Any statements made by, or attributed to the
14 defendant, together with the circumstances surrounding
15 them;
16 (5) The age and physical condition of any person
17 assaulted by the defendant;
18 (6) Whether the defendant is known to possess or
19 have access to any weapon or weapons;
20 (7) Whether, at the time of the current offense or
21 any other offense or arrest, the defendant was on
22 probation, parole, mandatory supervised release or other
23 release from custody pending trial, sentencing, appeal or
24 completion of sentence for an offense under federal or
25 state law;
26 (8) Any other factors, including those listed in
27 Section 110-5 of this Code, deemed by the court to have a
28 reasonable bearing upon the defendant's propensity or
29 reputation for violent, abusive or assaultive behavior,
30 or lack of that behavior.
31 (e) The court shall, in any order denying bail to a
32 person charged with stalking, or aggravated stalking,
33 kidnapping, or aggravated kidnapping:
34 (1) briefly summarize the evidence of the
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1 defendant's culpability and its reasons for concluding
2 that the defendant should be held without bail;
3 (2) direct that the defendant be committed to the
4 custody of the sheriff for confinement in the county jail
5 pending trial;
6 (3) direct that the defendant be given a reasonable
7 opportunity for private consultation with counsel, and
8 for communication with others of his choice by
9 visitation, mail and telephone; and
10 (4) direct that the sheriff deliver the defendant
11 as required for appearances in connection with court
12 proceedings.
13 (f) If the court enters an order for the detention of
14 the defendant under subsection (e) of this Section, the
15 defendant shall be brought to trial on the offense for which
16 he is detained within 90 days after the date on which the
17 order for detention was entered. If the defendant is not
18 brought to trial within the 90 day period required by this
19 subsection (f), he shall not be held longer without bail. In
20 computing the 90 day period, the court shall omit any period
21 of delay resulting from a continuance granted at the request
22 of the defendant. The court shall immediately notify the
23 alleged victim of the offense that the defendant has been
24 admitted to bail under this subsection.
25 (g) Any person shall be entitled to appeal any order
26 entered under this Section denying bail to the defendant.
27 (h) The State may appeal any order entered under this
28 Section denying any motion for denial of bail.
29 (i) Nothing in this Section shall be construed as
30 modifying or limiting in any way the defendant's presumption
31 of innocence in further criminal proceedings.
32 (Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97;
33 90-14, eff. 7-1-97.)
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