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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||||||||||||||||||||
5 | amended by changing Section 110-10 as follows:
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6 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
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7 | Sec. 110-10. Conditions of bail bond.
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8 | (a) If a person is released prior to conviction, either | ||||||||||||||||||||||||
9 | upon payment of
bail security or on his or her own | ||||||||||||||||||||||||
10 | recognizance, the conditions of the bail
bond shall be that he | ||||||||||||||||||||||||
11 | or she will:
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12 | (1) Appear to answer the charge in the court having | ||||||||||||||||||||||||
13 | jurisdiction on
a day certain and thereafter as ordered by | ||||||||||||||||||||||||
14 | the court until discharged or
final order of the court;
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15 | (2) Submit himself or herself to the orders and process | ||||||||||||||||||||||||
16 | of the court;
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17 | (3) Not depart this State without leave of the court;
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18 | (4) Not violate any criminal statute of any | ||||||||||||||||||||||||
19 | jurisdiction;
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20 | (5) At a time and place designated by the court, | ||||||||||||||||||||||||
21 | surrender all firearms
in his or her possession to a law | ||||||||||||||||||||||||
22 | enforcement officer designated by the court
to take custody | ||||||||||||||||||||||||
23 | of and impound the firearms
and physically
surrender his or |
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1 | her Firearm Owner's Identification Card to the clerk of the
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2 | circuit court
when the offense the person has
been charged | ||||||
3 | with is a forcible felony, stalking, aggravated stalking, | ||||||
4 | domestic
battery, any violation of the Illinois Controlled | ||||||
5 | Substances Act, the Methamphetamine Control and Community | ||||||
6 | Protection Act, or the
Cannabis Control Act that is | ||||||
7 | classified as a Class 2 or greater felony, or any
felony | ||||||
8 | violation of Article 24 of the Criminal Code of 1961; the | ||||||
9 | court
may,
however, forgo the imposition of this condition | ||||||
10 | when the
circumstances of the
case clearly do not warrant | ||||||
11 | it or when its imposition would be
impractical;
all legally | ||||||
12 | possessed firearms shall be returned to the person upon
the | ||||||
13 | charges being dismissed, or if the person is found not | ||||||
14 | guilty, unless the
finding of not guilty is by reason of | ||||||
15 | insanity; and
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16 | (6) At a time and place designated by the court, submit | ||||||
17 | to a
psychological
evaluation when the person has been | ||||||
18 | charged with a violation of item (4) of
subsection
(a) of | ||||||
19 | Section 24-1 of the Criminal Code of 1961 and that | ||||||
20 | violation occurred in
a school
or in any conveyance owned, | ||||||
21 | leased, or contracted by a school to transport
students to | ||||||
22 | or
from school or a school-related activity, or on any | ||||||
23 | public way within 1,000
feet of real
property comprising | ||||||
24 | any school.
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25 | Psychological evaluations ordered pursuant to this Section | ||||||
26 | shall be completed
promptly
and made available to the State, |
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1 | the defendant, and the court. As a further
condition of bail | ||||||
2 | under
these circumstances, the court shall order the defendant | ||||||
3 | to refrain from
entering upon the
property of the school, | ||||||
4 | including any conveyance owned, leased, or contracted
by a | ||||||
5 | school to
transport students to or from school or a | ||||||
6 | school-related activity, or on any public way within
1,000 feet | ||||||
7 | of real property comprising any school. Upon receipt of the | ||||||
8 | psychological evaluation,
either the State or the defendant may | ||||||
9 | request a change in the conditions of bail, pursuant to
Section | ||||||
10 | 110-6 of this Code. The court may change the conditions of bail | ||||||
11 | to include a
requirement that the defendant follow the | ||||||
12 | recommendations of the psychological evaluation,
including | ||||||
13 | undergoing psychiatric treatment. The conclusions of the
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14 | psychological evaluation and
any statements elicited from the | ||||||
15 | defendant during its administration are not
admissible as | ||||||
16 | evidence
of guilt during the course of any trial on the charged | ||||||
17 | offense, unless the
defendant places his or her
mental | ||||||
18 | competency in issue.
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19 | (b) The court may impose other conditions, such as the | ||||||
20 | following, if the
court finds that such conditions are | ||||||
21 | reasonably necessary to assure the
defendant's appearance in | ||||||
22 | court, protect the public from the defendant, or
prevent the | ||||||
23 | defendant's unlawful interference with the orderly | ||||||
24 | administration
of justice:
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25 | (1) Report to or appear in person before such person or | ||||||
26 | agency as the
court may direct;
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1 | (2) Refrain from possessing a firearm or other | ||||||
2 | dangerous weapon;
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3 | (3) Refrain from approaching or communicating with | ||||||
4 | particular persons or
classes of persons;
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5 | (4) Refrain from going to certain described | ||||||
6 | geographical areas or
premises;
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7 | (5) Refrain from engaging in certain activities or | ||||||
8 | indulging in
intoxicating liquors or in certain drugs;
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9 | (6) Undergo treatment for drug addiction or | ||||||
10 | alcoholism;
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11 | (7) Undergo medical or psychiatric treatment;
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12 | (8) Work or pursue a course of study or vocational | ||||||
13 | training;
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14 | (9) Attend or reside in a facility designated by the | ||||||
15 | court;
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16 | (10) Support his or her dependents;
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17 | (11) If a minor resides with his or her parents or in a | ||||||
18 | foster home,
attend school, attend a non-residential | ||||||
19 | program for youths, and contribute
to his or her own | ||||||
20 | support at home or in a foster home;
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21 | (12) Observe any curfew ordered by the court;
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22 | (13) Remain in the custody of such designated person or | ||||||
23 | organization
agreeing to supervise his release. Such third | ||||||
24 | party custodian shall be
responsible for notifying the | ||||||
25 | court if the defendant fails to observe the
conditions of | ||||||
26 | release which the custodian has agreed to monitor, and |
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1 | shall
be subject to contempt of court for failure so to | ||||||
2 | notify the court;
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3 | (14) Be placed under direct supervision of the Pretrial | ||||||
4 | Services
Agency, Probation Department or Court Services | ||||||
5 | Department in a pretrial
bond home supervision capacity | ||||||
6 | with or without the use of an approved
electronic | ||||||
7 | monitoring device subject to Article 8A of Chapter V of the
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8 | Unified Code of Corrections;
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9 | (14.1) The court shall impose upon a defendant who is | ||||||
10 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
11 | controlled substance violation and is placed under
direct | ||||||
12 | supervision of the Pretrial Services Agency, Probation | ||||||
13 | Department or
Court Services Department in a pretrial bond | ||||||
14 | home supervision capacity with
the use of an approved | ||||||
15 | monitoring device, as a condition of such bail bond,
a fee | ||||||
16 | that represents costs incidental to the electronic | ||||||
17 | monitoring for each
day of such bail supervision ordered by | ||||||
18 | the
court, unless after determining the inability of the | ||||||
19 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
20 | or no fee as the case may be. The fee
shall be collected by | ||||||
21 | the clerk of the circuit court. The clerk of the
circuit | ||||||
22 | court shall pay all monies collected from this fee to the | ||||||
23 | county
treasurer for deposit in the substance abuse | ||||||
24 | services fund under Section
5-1086.1 of the Counties Code;
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25 | (14.2) The court shall impose upon all defendants, | ||||||
26 | including those
defendants subject to paragraph (14.1) |
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1 | above, placed under direct supervision
of the Pretrial | ||||||
2 | Services Agency, Probation Department or Court Services
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3 | Department in a pretrial bond home supervision capacity | ||||||
4 | with the use of an
approved monitoring device, as a | ||||||
5 | condition of such bail bond, a fee
which shall represent | ||||||
6 | costs incidental to such
electronic monitoring for each day | ||||||
7 | of such bail supervision ordered by the
court, unless after | ||||||
8 | determining the inability of the defendant to pay the fee,
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9 | the court assesses a lesser fee or no fee as the case may | ||||||
10 | be. The fee shall be
collected by the clerk of the circuit | ||||||
11 | court. The clerk of the circuit court
shall pay all monies | ||||||
12 | collected from this fee to the county treasurer who shall
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13 | use the monies collected to defray the costs of | ||||||
14 | corrections. The county
treasurer shall deposit the fee | ||||||
15 | collected in the county working cash fund under
Section | ||||||
16 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
17 | case may
be;
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18 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
19 | establish reasonable
fees to be paid by a person receiving | ||||||
20 | pretrial services while under supervision
of a pretrial | ||||||
21 | services agency, probation department, or court services
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22 | department. Reasonable fees may be charged for pretrial | ||||||
23 | services
including, but not limited to, pretrial | ||||||
24 | supervision, diversion programs,
electronic monitoring, | ||||||
25 | victim impact services, drug and alcohol testing, DNA | ||||||
26 | testing, GPS electronic monitoring, assessments and |
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1 | evaluations related to domestic violence and other | ||||||
2 | victims, and
victim mediation services. The person | ||||||
3 | receiving pretrial services may be
ordered to pay all costs | ||||||
4 | incidental to pretrial services in accordance with his
or | ||||||
5 | her ability to pay those costs;
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6 | (14.4) For persons charged with violating Section | ||||||
7 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
8 | a motor vehicle not equipped with an
ignition interlock | ||||||
9 | device, as defined in Section 1-129.1 of the Illinois
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10 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
11 | Secretary of State for the
installation of ignition
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12 | interlock devices. Under this condition the court may allow | ||||||
13 | a defendant who is
not
self-employed to operate a vehicle | ||||||
14 | owned by the defendant's employer that is
not equipped with | ||||||
15 | an ignition interlock device in the course and scope of the
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16 | defendant's employment;
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17 | (15) Comply with the terms and conditions of an order | ||||||
18 | of protection
issued by the court under the Illinois | ||||||
19 | Domestic Violence Act of 1986 or an
order of protection | ||||||
20 | issued by the court of another state, tribe, or United
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21 | States territory;
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22 | (16) Under Section 110-6.5 comply with the conditions | ||||||
23 | of the drug testing
program; and
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24 | (17) Such other reasonable conditions as the court may | ||||||
25 | impose.
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26 | (c) When a person is charged with an offense under Section |
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1 | 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the "Criminal Code of | ||||||
2 | 1961", involving a victim who is a
minor under 18 years of age | ||||||
3 | living in the same household with the defendant
at the time of | ||||||
4 | the offense, in granting bail or releasing the defendant on
his | ||||||
5 | own recognizance, the judge shall impose conditions to restrict | ||||||
6 | the
defendant's access to the victim which may include, but are | ||||||
7 | not limited to
conditions that he will:
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8 | 1. Vacate the Household.
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9 | 2. Make payment of temporary support to his dependents.
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10 | 3. Refrain from contact or communication with the child | ||||||
11 | victim, except
as ordered by the court.
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12 | (d) When a person is charged with a criminal offense and | ||||||
13 | the victim is
a family or household member as defined in | ||||||
14 | Article 112A, conditions shall
be imposed at the time of the | ||||||
15 | defendant's release on bond that restrict the
defendant's | ||||||
16 | access to the victim.
Unless provided otherwise by the court, | ||||||
17 | the
restrictions shall include
requirements that the defendant | ||||||
18 | do the following:
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19 | (1) refrain from contact or communication with the | ||||||
20 | victim for a
minimum period of 72 hours following the | ||||||
21 | defendant's release; and
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22 | (2) refrain from entering or remaining at the victim's | ||||||
23 | residence for a
minimum period of 72 hours following the | ||||||
24 | defendant's release.
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25 | (e) Local law enforcement agencies shall develop | ||||||
26 | standardized bond forms
for use in cases involving family or |
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1 | household members as defined in
Article 112A, including | ||||||
2 | specific conditions of bond as provided in
subsection (d). | ||||||
3 | Failure of any law enforcement department to develop or use
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4 | those forms shall in no way limit the applicability and | ||||||
5 | enforcement of
subsections (d) and (f).
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6 | (f) If the defendant is admitted to bail after conviction | ||||||
7 | the
conditions of the bail bond shall be that he will, in | ||||||
8 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
9 | hereof:
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10 | (1) Duly prosecute his appeal;
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11 | (2) Appear at such time and place as the court may | ||||||
12 | direct;
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13 | (3) Not depart this State without leave of the court;
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14 | (4) Comply with such other reasonable conditions as the | ||||||
15 | court may
impose; and
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16 | (5) If the judgment is affirmed or the cause reversed | ||||||
17 | and remanded
for a new trial, forthwith surrender to the | ||||||
18 | officer from whose custody
he was bailed.
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19 | (g) Upon a finding of guilty for any felony offense, the | ||||||
20 | defendant shall
physically surrender, at a time and place | ||||||
21 | designated by the court,
any and all firearms in his or her | ||||||
22 | possession and his or her Firearm Owner's
Identification Card | ||||||
23 | as a condition of remaining on bond pending sentencing.
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24 | (Source: P.A. 94-556, eff. 9-11-05; 94-590, eff. 1-1-06; | ||||||
25 | 95-331, eff. 8-21-07.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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