SB1980 EngrossedLRB100 11410 SLF 21823 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 110-10 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:
11        (1) capital offenses;
12        (2) offenses for which a sentence of life imprisonment
13    may be imposed as a consequence of conviction;
14        (3) felony offenses for which a sentence of
15    imprisonment, without conditional and revocable release,
16    shall be imposed by law as a consequence of conviction,
17    where the court after a hearing, determines that the
18    release of the defendant would pose a real and present
19    threat to the physical safety of any person or persons;
20        (4) stalking or aggravated stalking, where the court,
21    after a hearing, determines that the release of the
22    defendant would pose a real and present threat to the
23    physical safety of the alleged victim of the offense and

 

 

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1    denial of bail is necessary to prevent fulfillment of the
2    threat upon which the charge is based; or
3        (5) unlawful use of weapons in violation of item (4) of
4    subsection (a) of Section 24-1 of the Criminal Code of 1961
5    or the Criminal Code of 2012 when that offense occurred in
6    a school or in any conveyance owned, leased, or contracted
7    by a school to transport students to or from school or a
8    school-related activity, or on any public way within 1,000
9    feet of real property comprising any school, a violation of
10    Section 24-1.2, 24-1.2-5, 24-1.6, or 24-1.7 of the Criminal
11    Code of 1961 or the Criminal Code of 2012, or a violation
12    of Section 24-1.1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 if the defendant has previously been
14    convicted of a forcible felony as defined in Section 2-8 of
15    the Criminal Code of 2012, where the court, after a
16    hearing, determines that the release of the defendant would
17    pose a real and present threat to the physical safety of
18    any person and denial of bail is necessary to prevent
19    fulfillment of that threat; or
20        (6) making a terrorist threat in violation of Section
21    29D-20 of the Criminal Code of 1961 or the Criminal Code of
22    2012 or an attempt to commit the offense of making a
23    terrorist threat, where the court, after a hearing,
24    determines that the release of the defendant would pose a
25    real and present threat to the physical safety of any
26    person and denial of bail is necessary to prevent

 

 

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1    fulfillment of that threat.
2    (a-5) If bail is set for any offense under this Section
3including, but not limited to, an offense in paragraph (5) of
4subsection (a) of this Section, the State's Attorney may
5request a source of bail hearing under subsection (b-5) of
6Section 110-5 of this Article.
7    (b) A person seeking release on bail who is charged with a
8capital offense or an offense for which a sentence of life
9imprisonment may be imposed shall not be bailable until a
10hearing is held wherein such person has the burden of
11demonstrating that the proof of his guilt is not evident and
12the presumption is not great.
13    (c) Where it is alleged that bail should be denied to a
14person upon the grounds that the person presents a real and
15present threat to the physical safety of any person or persons,
16the burden of proof of such allegations shall be upon the
17State.
18    (d) When it is alleged that bail should be denied to a
19person charged with stalking or aggravated stalking upon the
20grounds set forth in Section 110-6.3 of this Code, the burden
21of proof of those allegations shall be upon the State.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
24    Sec. 110-10. Conditions of bail bond.
25    (a) If a person is released prior to conviction, either

 

 

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1upon payment of bail security or on his or her own
2recognizance, the conditions of the bail bond shall be that he
3or she will:
4        (1) Appear to answer the charge in the court having
5    jurisdiction on a day certain and thereafter as ordered by
6    the court until discharged or final order of the court;
7        (2) Submit himself or herself to the orders and process
8    of the court;
9        (3) Not depart this State without leave of the court;
10        (4) Not violate any criminal statute of any
11    jurisdiction;
12        (5) At a time and place designated by the court,
13    surrender all firearms in his or her possession to a law
14    enforcement officer designated by the court to take custody
15    of and impound the firearms and physically surrender his or
16    her Firearm Owner's Identification Card to the clerk of the
17    circuit court when the offense the person has been charged
18    with is a forcible felony, stalking, aggravated stalking,
19    domestic battery, any violation of the Illinois Controlled
20    Substances Act, the Methamphetamine Control and Community
21    Protection Act, or the Cannabis Control Act that is
22    classified as a Class 2 or greater felony, or any felony
23    violation of Article 24 of the Criminal Code of 1961 or the
24    Criminal Code of 2012 not subject to paragraph (5.5) of
25    this Section; the court may, however, forgo the imposition
26    of this condition when the circumstances of the case

 

 

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1    clearly do not warrant it or when its imposition would be
2    impractical; if the Firearm Owner's Identification Card is
3    confiscated, the clerk of the circuit court shall mail the
4    confiscated card to the Department of Illinois State
5    Police; all legally possessed firearms shall be returned to
6    the person upon the charges being dismissed, or if the
7    person is found not guilty, unless the finding of not
8    guilty is by reason of insanity; and
9        (5.5) At a time and place designated by the court,
10    surrender all firearms in his or her possession to a law
11    enforcement officer designated by the court to take custody
12    of and impound the firearms and physically surrender his or
13    her Firearm Owner's Identification Card to the clerk of the
14    circuit court when the offense the person has been charged
15    with is a violation of paragraph (4) of subsection (a) of
16    Section 24-1 of the Criminal Code of 1961 or Criminal Code
17    of 2012, when that offense occurred in a school or in any
18    conveyance owned, leased, or contracted by a school to
19    transport students to or from school or a school-related
20    activity, or on any public way within 1,000 feet of real
21    property comprising any school, a violation of Section
22    24-1.2, 24-1.25, 24-1.6, or 24-4.7 of the Criminal Code of
23    1961 or the Criminal Code of 2012, or a violation of
24    Section 24-1.1 of the Criminal Code of 1961 or the Criminal
25    Code of 2012 if the defendant has previously been convicted
26    of a forcible felony as defined in Section 2-8 of the

 

 

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1    Criminal Code of 2012; if the Firearm Owner's
2    Identification Card is confiscated, the clerk of the
3    circuit court shall mail the confiscated card to the
4    Department of State Police; all legally possessed firearms
5    shall be returned to the person upon the charges being
6    dismissed, or if the person is found not guilty, unless the
7    finding of not guilty is by reason of insanity; or
8        (6) At a time and place designated by the court, submit
9    to a psychological evaluation when the person has been
10    charged with a violation of item (4) of subsection (a) of
11    Section 24-1 of the Criminal Code of 1961 or the Criminal
12    Code of 2012 and that violation occurred in a school or in
13    any conveyance owned, leased, or contracted by a school to
14    transport students to or from school or a school-related
15    activity, or on any public way within 1,000 feet of real
16    property comprising any school.
17    Psychological evaluations ordered pursuant to this Section
18shall be completed promptly and made available to the State,
19the defendant, and the court. As a further condition of bail
20under these circumstances, the court shall order the defendant
21to refrain from entering upon the property of the school,
22including any conveyance owned, leased, or contracted by a
23school to transport students to or from school or a
24school-related activity, or on any public way within 1,000 feet
25of real property comprising any school. Upon receipt of the
26psychological evaluation, either the State or the defendant may

 

 

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1request a change in the conditions of bail, pursuant to Section
2110-6 of this Code. The court may change the conditions of bail
3to include a requirement that the defendant follow the
4recommendations of the psychological evaluation, including
5undergoing psychiatric treatment. The conclusions of the
6psychological evaluation and any statements elicited from the
7defendant during its administration are not admissible as
8evidence of guilt during the course of any trial on the charged
9offense, unless the defendant places his or her mental
10competency in issue.
11    (b) The court may impose other conditions, such as the
12following, if the court finds that such conditions are
13reasonably necessary to assure the defendant's appearance in
14court, protect the public from the defendant, or prevent the
15defendant's unlawful interference with the orderly
16administration of justice:
17        (1) Report to or appear in person before such person or
18    agency as the court may direct;
19        (2) Refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) Refrain from approaching or communicating with
22    particular persons or classes of persons;
23        (4) Refrain from going to certain described
24    geographical areas or premises;
25        (5) Refrain from engaging in certain activities or
26    indulging in intoxicating liquors or in certain drugs;

 

 

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1        (6) Undergo treatment for drug addiction or
2    alcoholism;
3        (7) Undergo medical or psychiatric treatment;
4        (8) Work or pursue a course of study or vocational
5    training;
6        (9) Attend or reside in a facility designated by the
7    court;
8        (10) Support his or her dependents;
9        (11) If a minor resides with his or her parents or in a
10    foster home, attend school, attend a non-residential
11    program for youths, and contribute to his or her own
12    support at home or in a foster home;
13        (12) Observe any curfew ordered by the court;
14        (13) Remain in the custody of such designated person or
15    organization agreeing to supervise his release. Such third
16    party custodian shall be responsible for notifying the
17    court if the defendant fails to observe the conditions of
18    release which the custodian has agreed to monitor, and
19    shall be subject to contempt of court for failure so to
20    notify the court;
21        (14) Be placed under direct supervision of the Pretrial
22    Services Agency, Probation Department or Court Services
23    Department in a pretrial bond home supervision capacity
24    with or without the use of an approved electronic
25    monitoring device subject to Article 8A of Chapter V of the
26    Unified Code of Corrections;

 

 

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1        (14.1) The court shall impose upon a defendant who is
2    charged with any alcohol, cannabis, methamphetamine, or
3    controlled substance violation and is placed under direct
4    supervision of the Pretrial Services Agency, Probation
5    Department or Court Services Department in a pretrial bond
6    home supervision capacity with the use of an approved
7    monitoring device, as a condition of such bail bond, a fee
8    that represents costs incidental to the electronic
9    monitoring for each day of such bail supervision ordered by
10    the court, unless after determining the inability of the
11    defendant to pay the fee, the court assesses a lesser fee
12    or no fee as the case may be. The fee shall be collected by
13    the clerk of the circuit court, except as provided in an
14    administrative order of the Chief Judge of the circuit
15    court. The clerk of the circuit court shall pay all monies
16    collected from this fee to the county treasurer for deposit
17    in the substance abuse services fund under Section 5-1086.1
18    of the Counties Code, except as provided in an
19    administrative order of the Chief Judge of the circuit
20    court.
21        The Chief Judge of the circuit court of the county may
22    by administrative order establish a program for electronic
23    monitoring of offenders with regard to drug-related and
24    alcohol-related offenses, in which a vendor supplies and
25    monitors the operation of the electronic monitoring
26    device, and collects the fees on behalf of the county. The

 

 

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1    program shall include provisions for indigent offenders
2    and the collection of unpaid fees. The program shall not
3    unduly burden the offender and shall be subject to review
4    by the Chief Judge.
5        The Chief Judge of the circuit court may suspend any
6    additional charges or fees for late payment, interest, or
7    damage to any device;
8        (14.2) The court shall impose upon all defendants,
9    including those defendants subject to paragraph (14.1)
10    above, placed under direct supervision of the Pretrial
11    Services Agency, Probation Department or Court Services
12    Department in a pretrial bond home supervision capacity
13    with the use of an approved monitoring device, as a
14    condition of such bail bond, a fee which shall represent
15    costs incidental to such electronic monitoring for each day
16    of such bail supervision ordered by the court, unless after
17    determining the inability of the defendant to pay the fee,
18    the court assesses a lesser fee or no fee as the case may
19    be. The fee shall be collected by the clerk of the circuit
20    court, except as provided in an administrative order of the
21    Chief Judge of the circuit court. The clerk of the circuit
22    court shall pay all monies collected from this fee to the
23    county treasurer who shall use the monies collected to
24    defray the costs of corrections. The county treasurer shall
25    deposit the fee collected in the county working cash fund
26    under Section 6-27001 or Section 6-29002 of the Counties

 

 

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1    Code, as the case may be, except as provided in an
2    administrative order of the Chief Judge of the circuit
3    court.
4        The Chief Judge of the circuit court of the county may
5    by administrative order establish a program for electronic
6    monitoring of offenders with regard to drug-related and
7    alcohol-related offenses, in which a vendor supplies and
8    monitors the operation of the electronic monitoring
9    device, and collects the fees on behalf of the county. The
10    program shall include provisions for indigent offenders
11    and the collection of unpaid fees. The program shall not
12    unduly burden the offender and shall be subject to review
13    by the Chief Judge.
14        The Chief Judge of the circuit court may suspend any
15    additional charges or fees for late payment, interest, or
16    damage to any device;
17        (14.3) The Chief Judge of the Judicial Circuit may
18    establish reasonable fees to be paid by a person receiving
19    pretrial services while under supervision of a pretrial
20    services agency, probation department, or court services
21    department. Reasonable fees may be charged for pretrial
22    services including, but not limited to, pretrial
23    supervision, diversion programs, electronic monitoring,
24    victim impact services, drug and alcohol testing, DNA
25    testing, GPS electronic monitoring, assessments and
26    evaluations related to domestic violence and other

 

 

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1    victims, and victim mediation services. The person
2    receiving pretrial services may be ordered to pay all costs
3    incidental to pretrial services in accordance with his or
4    her ability to pay those costs;
5        (14.4) For persons charged with violating Section
6    11-501 of the Illinois Vehicle Code, refrain from operating
7    a motor vehicle not equipped with an ignition interlock
8    device, as defined in Section 1-129.1 of the Illinois
9    Vehicle Code, pursuant to the rules promulgated by the
10    Secretary of State for the installation of ignition
11    interlock devices. Under this condition the court may allow
12    a defendant who is not self-employed to operate a vehicle
13    owned by the defendant's employer that is not equipped with
14    an ignition interlock device in the course and scope of the
15    defendant's employment;
16        (15) Comply with the terms and conditions of an order
17    of protection issued by the court under the Illinois
18    Domestic Violence Act of 1986 or an order of protection
19    issued by the court of another state, tribe, or United
20    States territory;
21        (16) Under Section 110-6.5 comply with the conditions
22    of the drug testing program; and
23        (17) Such other reasonable conditions as the court may
24    impose.
25    (c) When a person is charged with an offense under Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

 

 

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112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
2Criminal Code of 2012, involving a victim who is a minor under
318 years of age living in the same household with the defendant
4at the time of the offense, in granting bail or releasing the
5defendant on his own recognizance, the judge shall impose
6conditions to restrict the defendant's access to the victim
7which may include, but are not limited to conditions that he
8will:
9        1. Vacate the household.
10        2. Make payment of temporary support to his dependents.
11        3. Refrain from contact or communication with the child
12    victim, except as ordered by the court.
13    (d) When a person is charged with a criminal offense and
14the victim is a family or household member as defined in
15Article 112A, conditions shall be imposed at the time of the
16defendant's release on bond that restrict the defendant's
17access to the victim. Unless provided otherwise by the court,
18the restrictions shall include requirements that the defendant
19do the following:
20        (1) refrain from contact or communication with the
21    victim for a minimum period of 72 hours following the
22    defendant's release; and
23        (2) refrain from entering or remaining at the victim's
24    residence for a minimum period of 72 hours following the
25    defendant's release.
26    (e) Local law enforcement agencies shall develop

 

 

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1standardized bond forms for use in cases involving family or
2household members as defined in Article 112A, including
3specific conditions of bond as provided in subsection (d).
4Failure of any law enforcement department to develop or use
5those forms shall in no way limit the applicability and
6enforcement of subsections (d) and (f).
7    (f) If the defendant is admitted to bail after conviction
8the conditions of the bail bond shall be that he will, in
9addition to the conditions set forth in subsections (a) and (b)
10hereof:
11        (1) Duly prosecute his appeal;
12        (2) Appear at such time and place as the court may
13    direct;
14        (3) Not depart this State without leave of the court;
15        (4) Comply with such other reasonable conditions as the
16    court may impose; and
17        (5) If the judgment is affirmed or the cause reversed
18    and remanded for a new trial, forthwith surrender to the
19    officer from whose custody he was bailed.
20    (g) Upon a finding of guilty for any felony offense, the
21defendant shall physically surrender, at a time and place
22designated by the court, any and all firearms in his or her
23possession and his or her Firearm Owner's Identification Card
24as a condition of remaining on bond pending sentencing.
25(Source: P.A. 99-797, eff. 8-12-16.)