Public Act 93-0254
HB0506 Enrolled LRB093 06422 RLC 06545 b
AN ACT in relation to 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 110-5 as follows:
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure
the appearance of a defendant as required or the safety of
any other person or the community and the likelihood of
compliance by the defendant with all the conditions of bail,
the court shall, on the basis of available information, take
into account such matters as the nature and circumstances of
the offense charged, whether the evidence shows that as part
of the offense there was a use of violence or threatened use
of violence, whether the offense involved corruption of
public officials or employees, whether there was physical
harm or threats of physical harm to any public official,
public employee, judge, prosecutor, juror or witness, senior
citizen, child or handicapped person, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with
further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence
against such defendant, whether there exists motivation or
ability to flee, whether there is any verification as to
prior residence, education, or family ties in the local
jurisdiction, in another county, state or foreign country,
the defendant's employment, financial resources, character
and mental condition, past conduct, prior use of alias names
or dates of birth, and length of residence in the community,
the consent of the defendant to periodic drug testing in
accordance with Section 110-6.5, whether a foreign national
defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by
which the foreign government will extradite to the United
States its national for a trial for a crime allegedly
committed in the United States, whether the defendant is
currently subject to deportation or exclusion under the
immigration laws of the United States, whether the defendant,
although a United States citizen, is considered under the law
of any foreign state a national of that state for the
purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result
of the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from
flight, whether the evidence shows that the defendant is
engaged in significant possession, manufacture, or delivery
of a controlled substance or cannabis, either individually or
in consort with others, whether at the time of the offense
charged he was on bond or pre-trial release pending trial,
probation, periodic imprisonment or conditional discharge
pursuant to this Code or the comparable Code of any other
state or federal jurisdiction, whether the defendant is on
bond or pre-trial release pending the imposition or execution
of sentence or appeal of sentence for any offense under the
laws of Illinois or any other state or federal jurisdiction,
whether the defendant is under parole or mandatory supervised
release or work release from the Illinois Department of
Corrections or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a
penitentiary sentence was imposed in Illinois or other state
or federal jurisdiction, the defendant's records of juvenile
adjudication of delinquency in any jurisdiction, any record
of appearance or failure to appear by the defendant at court
proceedings, whether there was flight to avoid arrest or
prosecution, whether the defendant escaped or attempted to
escape to avoid arrest, whether the defendant refused to
identify himself, or whether there was a refusal by the
defendant to be fingerprinted as required by law.
Information used by the court in its findings or stated in or
offered in connection with this Section may be by way of
proffer based upon reliable information offered by the State
or defendant. All evidence shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at criminal
trials. If the State presents evidence that the offense
committed by the defendant was related to or in furtherance
of the criminal activities of an organized gang or was
motivated by the defendant's membership in or allegiance to
an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the
organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall
include the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any
change in his or her address. The defendant's address
shall at all times remain a matter of public record with
the clerk of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, as amended, or the
Illinois Controlled Substances Act, as amended, the full
street value of the drugs seized shall be considered.
"Street value" shall be determined by the court on the
basis of a proffer by the State based upon reliable
information of a law enforcement official contained in a
written report as to the amount seized and such proffer
may be used by the court as to the current street value
of the smallest unit of the drug seized.
(c) When a person is charged with an offense punishable
by fine only the amount of the bail shall not exceed double
the amount of the maximum penalty.
(d) When a person has been convicted of an offense and
only a fine has been imposed the amount of the bail shall not
exceed double the amount of the fine.
(e) The State may appeal any order granting bail or
setting a given amount for bail.
(Source: P.A. 88-677, eff. 12-15-94; 88-679, eff. 7-1-95;
89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)