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Public Act 093-0817
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| SB2809 Enrolled |
LRB093 20986 RLC 46985 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-5 as follows:
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(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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Sec. 110-5. Determining the amount of bail and conditions |
of release.
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(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
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firearm, machine gun, explosive or metal piercing ammunition or |
explosive
bomb device or any military or paramilitary armament,
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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
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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 |
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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
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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,
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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
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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
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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 |
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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
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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
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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
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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 |
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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.
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(b) The amount of bail shall be:
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(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
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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.
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(2) Not oppressive.
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(3) Considerate of the financial ability of the |
accused.
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(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.
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(b-5) Upon the filing of a written request demonstrating |
reasonable cause, the State's Attorney may request a source of |
bail hearing either before or after the posting of any funds.
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If the hearing is granted, before the posting of any bail, the |
accused must file a written notice requesting that the court |
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conduct a source of bail hearing. The notice must be |
accompanied by justifying affidavits stating the legitimate |
and lawful source of funds for bail. At the hearing, the court |
shall inquire into any matters stated in any justifying |
affidavits, and may also inquire into matters appropriate to |
the determination which shall include, but are not limited to, |
the following: |
(1) the background, character, reputation, and |
relationship to the accused of any surety; and |
(2) the source of any money or property deposited by |
any surety, and whether any such money or property |
constitutes the fruits of criminal or unlawful conduct; and |
(3) the source of any money posted as cash bail, and |
whether any such money constitutes the fruits of criminal |
or unlawful conduct; and |
(4) the background, character, reputation, and |
relationship to the accused of the person posting cash |
bail. |
Upon setting the hearing, the court shall examine, under |
oath, any persons who may possess material information. |
The State's Attorney has a right to attend the hearing, to |
call witnesses and to examine any witness in the proceeding. |
The court shall, upon request of the State's Attorney, continue |
the proceedings for a reasonable period to allow the State's |
Attorney to investigate the matter raised in any testimony or |
affidavit.
If the hearing is granted after the accused has |
posted bail, the court shall conduct a hearing consistent with |
this subsection (b-5). At the conclusion of the hearing, the |
court must issue an order either approving of disapproving the |
bail.
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(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.
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(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.
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