Rep. Elgie R. Sims, Jr.
Filed: 5/26/2017
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1 | AMENDMENT TO SENATE BILL 1581
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2 | AMENDMENT NO. ______. Amend Senate Bill 1581 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Bail Reform | ||||||
5 | Act of 2017. | ||||||
6 | Section 3. Legislative findings. | ||||||
7 | The General Assembly recognizes that the promotion of | ||||||
8 | public safety and protection of crime victim rights are 2 of | ||||||
9 | the main focuses of our State's criminal justice system; it | ||||||
10 | further acknowledges that protecting the rights of the accused | ||||||
11 | is central to the integrity of our State's criminal justice | ||||||
12 | system. With these focuses in mind, this amendatory Act of the | ||||||
13 | 100th General Assembly establishes the Bail Reform Act of 2017 | ||||||
14 | for the citizens of this State, in recognition that the | ||||||
15 | decision-making behind pre-trial release shall not focus on a | ||||||
16 | person's wealth and ability to afford monetary bail but shall |
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1 | instead focus on a person's threat to public safety or risk of | ||||||
2 | failure to appear before a court of appropriate jurisdiction. | ||||||
3 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
4 | Section 33G-9 as follows: | ||||||
5 | (720 ILCS 5/33G-9) | ||||||
6 | (Section scheduled to be repealed on June 11, 2017) | ||||||
7 | Sec. 33G-9. Repeal. This Article is repealed on June 11, | ||||||
8 | 2022 5 years after it becomes law .
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9 | (Source: P.A. 97-686, eff. 6-11-12.) | ||||||
10 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
11 | amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by | ||||||
12 | adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows: | ||||||
13 | (725 ILCS 5/102-7.1 new) | ||||||
14 | Sec. 102-7.1. "Category A offense". | ||||||
15 | "Category A offense" means a Class 2 felony, Class X | ||||||
16 | felony, first degree murder, a violation of Section 11-204 of | ||||||
17 | the Illinois Vehicle Code, a second or subsequent violation of | ||||||
18 | Section 11-501 of the Illinois Vehicle Code, a violation of | ||||||
19 | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||||||
20 | a violation of Section 11-401 of the Illinois Vehicle Code if | ||||||
21 | the accident results in injury and the person failed to report | ||||||
22 | the accident within 30 minutes, a violation of Section 9-3, |
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1 | 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, | ||||||
2 | 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, | ||||||
3 | 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.5, 24-3, | ||||||
4 | 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or | ||||||
5 | subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code | ||||||
6 | of 2012, a violation of paragraph (5) or (6) of subsection (b) | ||||||
7 | of Section 10-9 of the Criminal Code of 2012, a violation of | ||||||
8 | subsection (b) or (c) or paragraph (1) or (2) of subsection (a) | ||||||
9 | of Section 11-1.50 of the Criminal Code of 2012, a violation of | ||||||
10 | Section 12-7 of the Criminal Code of 2012 if the defendant | ||||||
11 | inflicts bodily harm on the victim to obtain a confession, | ||||||
12 | statement, or information, a violation of Section 12-7.5 of the | ||||||
13 | Criminal Code of 2012 if the action results in bodily harm, a | ||||||
14 | violation of paragraph (3) of subsection (b) of Section 17-2 of | ||||||
15 | the Criminal Code of 2012, a violation of subdivision | ||||||
16 | (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a | ||||||
17 | violation of paragraph (6) of subsection (a) of Section 24-1 of | ||||||
18 | the Criminal Code of 2012, or a violation of Section 10 of the | ||||||
19 | Sex Offender Registration Act. | ||||||
20 | (725 ILCS 5/102-7.2 new) | ||||||
21 | Sec. 102-7.2. "Category B offense". | ||||||
22 | "Category B offense" means a business offense, petty | ||||||
23 | offense, Class C misdemeanor, Class B misdemeanor, Class A | ||||||
24 | misdemeanor, Class 3 felony, or Class 4 felony, which is not | ||||||
25 | specified in Category A.
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1 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
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2 | Sec. 109-1. Person arrested.
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3 | (a) A person arrested with or without a warrant shall be | ||||||
4 | taken without
unnecessary delay before the nearest and most | ||||||
5 | accessible judge
in that county, except when such county is a | ||||||
6 | participant in a
regional jail authority, in which event such | ||||||
7 | person may be taken to the
nearest and most accessible judge, | ||||||
8 | irrespective of the county where such
judge presides,
and a | ||||||
9 | charge shall be filed.
Whenever a person arrested either with | ||||||
10 | or without a warrant is required
to be taken
before a judge, a | ||||||
11 | charge
may be filed against such person by way of a two-way | ||||||
12 | closed circuit
television system, except that a hearing to deny | ||||||
13 | bail to the defendant may
not be conducted by way of closed | ||||||
14 | circuit television.
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15 | (a-5) A person charged with an offense shall be allowed | ||||||
16 | counsel at the hearing at which bail is determined under | ||||||
17 | Article 110 of this Code. If the defendant desires counsel for | ||||||
18 | his or her initial appearance but is unable to obtain counsel, | ||||||
19 | the court shall appoint a public defender or licensed attorney | ||||||
20 | at law of this State to represent him or her for purposes of | ||||||
21 | that hearing. | ||||||
22 | (b) The judge shall:
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23 | (1) Inform the defendant of the charge against him and | ||||||
24 | shall provide him
with a copy of the charge;
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25 | (2) Advise the defendant of his right to counsel and if |
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1 | indigent shall
appoint a public defender or licensed | ||||||
2 | attorney at law of this State to
represent him in | ||||||
3 | accordance with the provisions of Section 113-3 of this
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4 | Code;
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5 | (3) Schedule a preliminary hearing in appropriate | ||||||
6 | cases;
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7 | (4) Admit the defendant to bail in accordance with the | ||||||
8 | provisions of
Article 110 of this Code; and
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9 | (5) Order the confiscation of the person's passport or | ||||||
10 | impose travel restrictions on a defendant arrested for | ||||||
11 | first degree murder or other violent crime as defined in | ||||||
12 | Section 3 of the Rights of Crime Victims and Witnesses Act, | ||||||
13 | if the judge determines, based on the factors in Section | ||||||
14 | 110-5 of this Code, that this will reasonably ensure the | ||||||
15 | appearance of the defendant and compliance by the defendant | ||||||
16 | with all conditions of release. | ||||||
17 | (c) The court may issue an order of protection in | ||||||
18 | accordance with
the provisions of Article 112A of this Code.
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19 | (d) At the initial appearance of a defendant in any | ||||||
20 | criminal proceeding, the court must advise the defendant in | ||||||
21 | open court that any foreign national who is arrested or | ||||||
22 | detained has the right to have notice of the arrest or | ||||||
23 | detention given to his or her country's consular | ||||||
24 | representatives and the right to communicate with those | ||||||
25 | consular representatives if the notice has not already been | ||||||
26 | provided. The court must make a written record of so advising |
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1 | the defendant. | ||||||
2 | (e) If consular notification is not provided to a defendant | ||||||
3 | before his or her first appearance in court, the court shall | ||||||
4 | grant any reasonable request for a continuance of the | ||||||
5 | proceedings to allow contact with the defendant's consulate. | ||||||
6 | Any delay caused by the granting of the request by a defendant | ||||||
7 | shall temporarily suspend for the time of the delay the period | ||||||
8 | within which a person shall be tried as prescribed by | ||||||
9 | subsections (a), (b), or (e) of Section 103-5 of this Code and | ||||||
10 | on the day of the expiration of delay the period shall continue | ||||||
11 | at the point at which it was suspended. | ||||||
12 | (Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190, | ||||||
13 | eff. 1-1-16 .)
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14 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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15 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
16 | of release.
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17 | (a) In determining the amount of monetary bail or | ||||||
18 | conditions of release, if
any,
which will reasonably assure the | ||||||
19 | appearance of a defendant as required or
the safety of any | ||||||
20 | other person or the community and the likelihood of
compliance | ||||||
21 | by the
defendant with all the conditions of bail, the court | ||||||
22 | shall, on the
basis of available information, take into account | ||||||
23 | such matters as the
nature and circumstances of the offense | ||||||
24 | charged, whether the evidence
shows that as part of the offense | ||||||
25 | there was a use of violence or threatened
use of violence, |
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1 | whether the offense involved corruption of public
officials or | ||||||
2 | employees, whether there was physical harm or threats of | ||||||
3 | physical
harm to any
public official, public employee, judge, | ||||||
4 | prosecutor, juror or witness,
senior citizen, child, or person | ||||||
5 | with a disability, whether evidence shows that
during the | ||||||
6 | offense or during the arrest the defendant possessed or used a
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7 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
8 | explosive
bomb device or any military or paramilitary armament,
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9 | whether the evidence
shows that the offense committed was | ||||||
10 | related to or in furtherance of the
criminal activities of an | ||||||
11 | organized gang or was motivated by the defendant's
membership | ||||||
12 | in or allegiance to an organized gang,
the condition of the
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13 | victim, any written statement submitted by the victim or | ||||||
14 | proffer or
representation by the State regarding the
impact | ||||||
15 | which the alleged criminal conduct has had on the victim and | ||||||
16 | the
victim's concern, if any, with further contact with the | ||||||
17 | defendant if
released on bail, whether the offense was based on | ||||||
18 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
19 | likelihood of the filing of a greater charge, the likelihood of
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20 | conviction, the sentence applicable upon conviction, the | ||||||
21 | weight of the evidence
against such defendant, whether there | ||||||
22 | exists motivation or ability to
flee, whether there is any | ||||||
23 | verification as to prior residence, education,
or family ties | ||||||
24 | in the local jurisdiction, in another county,
state or foreign | ||||||
25 | country, the defendant's employment, financial resources,
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26 | character and mental condition, past conduct, prior use of |
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1 | alias names or
dates of birth, and length of residence in the | ||||||
2 | community,
the consent of the defendant to periodic drug | ||||||
3 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
4 | national defendant is lawfully admitted in the United
States of | ||||||
5 | America, whether the government of the foreign national
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6 | maintains an extradition treaty with the United States by which | ||||||
7 | the foreign
government will extradite to the United States its | ||||||
8 | national for a trial for
a crime allegedly committed in the | ||||||
9 | United States, whether the defendant is
currently subject to | ||||||
10 | deportation or exclusion under the immigration laws of
the | ||||||
11 | United States, whether the defendant, although a United States | ||||||
12 | citizen,
is considered under the law of any foreign state a | ||||||
13 | national of that state
for the purposes of extradition or | ||||||
14 | non-extradition to the United States,
the amount of unrecovered | ||||||
15 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
16 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
17 | from the totality of the court's consideration,
the loss of | ||||||
18 | funds posted or sought to be posted for bail will not deter the
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19 | defendant from flight, whether the evidence shows that the | ||||||
20 | defendant is
engaged in significant
possession, manufacture, | ||||||
21 | or delivery of a controlled substance or cannabis,
either | ||||||
22 | individually or in consort with others,
whether at the time of | ||||||
23 | the offense
charged he or she was on bond or pre-trial release | ||||||
24 | pending trial, probation,
periodic imprisonment or conditional | ||||||
25 | discharge pursuant to this Code or the
comparable Code of any | ||||||
26 | other state or federal jurisdiction, whether the
defendant is |
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1 | on bond or
pre-trial release pending the imposition or | ||||||
2 | execution of sentence or appeal of
sentence for any offense | ||||||
3 | under the laws of Illinois or any other state or
federal | ||||||
4 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
5 | release, mandatory
supervised release, or
work release from the | ||||||
6 | Illinois Department of Corrections or Illinois Department of | ||||||
7 | Juvenile Justice or any penal
institution or corrections | ||||||
8 | department of any state or federal
jurisdiction, the | ||||||
9 | defendant's record of convictions, whether the defendant has | ||||||
10 | been
convicted of a misdemeanor or ordinance offense in | ||||||
11 | Illinois or similar
offense in other state or federal | ||||||
12 | jurisdiction within the 10 years
preceding the current charge | ||||||
13 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
14 | convicted of an offense in another state or federal
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15 | jurisdiction that would
be a felony if committed in Illinois | ||||||
16 | within the 20 years preceding the
current charge or has been | ||||||
17 | convicted of such felony and released from the
penitentiary | ||||||
18 | within 20 years preceding the current charge if a
penitentiary | ||||||
19 | sentence was imposed in Illinois or other state or federal
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20 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
21 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
22 | failure to appear by
the defendant at
court proceedings, | ||||||
23 | whether there was flight to avoid arrest or
prosecution, | ||||||
24 | whether the defendant escaped or
attempted to escape to avoid | ||||||
25 | arrest, whether the defendant refused to
identify himself or | ||||||
26 | herself, or whether there was a refusal by the defendant to be
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1 | fingerprinted as required by law. Information used by the court | ||||||
2 | in its
findings or stated in or
offered in connection with this | ||||||
3 | Section may be by way of proffer based upon
reliable | ||||||
4 | information offered by the State or defendant.
All evidence | ||||||
5 | shall be admissible if it is relevant and
reliable regardless | ||||||
6 | of whether it would be admissible under the rules of
evidence | ||||||
7 | applicable at criminal trials.
If the State presents evidence | ||||||
8 | that the offense committed by the defendant
was related to or | ||||||
9 | in furtherance of the criminal activities of an organized
gang | ||||||
10 | or was motivated by the defendant's membership in or allegiance | ||||||
11 | to an
organized gang, and if the court determines that the | ||||||
12 | evidence may be
substantiated, the court shall prohibit the | ||||||
13 | defendant from associating with
other members of the organized | ||||||
14 | gang as a condition of bail or release.
For the purposes of | ||||||
15 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
16 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
17 | Prevention Act.
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18 | (a-5) There shall be a presumption that any conditions of | ||||||
19 | release imposed shall be non-monetary in nature and the court | ||||||
20 | shall impose the least restrictive conditions or combination of | ||||||
21 | conditions necessary to reasonably assure the appearance of the | ||||||
22 | defendant for further court proceedings and protect the | ||||||
23 | integrity of
the judicial proceedings from a specific threat to | ||||||
24 | a witness or
participant. Conditions of release may include, | ||||||
25 | but not be limited to, electronic home monitoring, curfews, | ||||||
26 | drug counseling, stay-away orders, and in-person reporting. |
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1 | The court shall consider the defendant's socio-economic | ||||||
2 | circumstance when setting conditions of release or imposing | ||||||
3 | monetary bail. | ||||||
4 | (b) The amount of bail shall be:
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5 | (1) Sufficient to assure compliance with the | ||||||
6 | conditions set forth in the
bail bond, which shall include | ||||||
7 | the defendant's current address with a written
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8 | admonishment to the defendant that he or she must comply | ||||||
9 | with the provisions of
Section 110-12 regarding any change | ||||||
10 | in his or her address. The defendant's
address shall at all | ||||||
11 | times remain a matter of public record with the clerk
of | ||||||
12 | the court.
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13 | (2) Not oppressive.
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14 | (3) Considerate of the financial ability of the | ||||||
15 | accused.
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16 | (4) When a person is charged with a drug related | ||||||
17 | offense involving
possession or delivery of cannabis or | ||||||
18 | possession or delivery of a
controlled substance as defined | ||||||
19 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
20 | Substances Act, or the Methamphetamine Control and | ||||||
21 | Community Protection Act, the full street value
of the | ||||||
22 | drugs seized shall be considered. "Street value" shall be
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23 | determined by the court on the basis of a proffer by the | ||||||
24 | State based upon
reliable information of a law enforcement | ||||||
25 | official contained in a written
report as to the amount | ||||||
26 | seized and such proffer may be used by the court as
to the |
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1 | current street value of the smallest unit of the drug | ||||||
2 | seized.
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3 | (b-5) Upon the filing of a written request demonstrating | ||||||
4 | reasonable cause, the State's Attorney may request a source of | ||||||
5 | bail hearing either before or after the posting of any funds.
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6 | If the hearing is granted, before the posting of any bail, the | ||||||
7 | accused must file a written notice requesting that the court | ||||||
8 | conduct a source of bail hearing. The notice must be | ||||||
9 | accompanied by justifying affidavits stating the legitimate | ||||||
10 | and lawful source of funds for bail. At the hearing, the court | ||||||
11 | shall inquire into any matters stated in any justifying | ||||||
12 | affidavits, and may also inquire into matters appropriate to | ||||||
13 | the determination which shall include, but are not limited to, | ||||||
14 | the following: | ||||||
15 | (1) the background, character, reputation, and | ||||||
16 | relationship to the accused of any surety; and | ||||||
17 | (2) the source of any money or property deposited by | ||||||
18 | any surety, and whether any such money or property | ||||||
19 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
20 | (3) the source of any money posted as cash bail, and | ||||||
21 | whether any such money constitutes the fruits of criminal | ||||||
22 | or unlawful conduct; and | ||||||
23 | (4) the background, character, reputation, and | ||||||
24 | relationship to the accused of the person posting cash | ||||||
25 | bail. | ||||||
26 | Upon setting the hearing, the court shall examine, under |
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1 | oath, any persons who may possess material information. | ||||||
2 | The State's Attorney has a right to attend the hearing, to | ||||||
3 | call witnesses and to examine any witness in the proceeding. | ||||||
4 | The court shall, upon request of the State's Attorney, continue | ||||||
5 | the proceedings for a reasonable period to allow the State's | ||||||
6 | Attorney to investigate the matter raised in any testimony or | ||||||
7 | affidavit.
If the hearing is granted after the accused has | ||||||
8 | posted bail, the court shall conduct a hearing consistent with | ||||||
9 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
10 | court must issue an order either approving of disapproving the | ||||||
11 | bail.
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12 | (c) When a person is charged with an offense punishable by | ||||||
13 | fine only the
amount of the bail shall not exceed double the | ||||||
14 | amount of the maximum penalty.
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15 | (d) When a person has been convicted of an offense and only | ||||||
16 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
17 | double the amount of
the fine.
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18 | (e) The State may appeal any order granting bail or setting
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19 | a given amount for bail. | ||||||
20 | (f) When a person is charged with a violation of an order | ||||||
21 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
23 | charged with domestic battery, aggravated domestic battery, | ||||||
24 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
25 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
26 | cyberstalking, harassment by telephone, harassment through |
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1 | electronic communications, or an attempt to commit first degree | ||||||
2 | murder committed against an intimate partner regardless | ||||||
3 | whether an order of protection has been issued against the | ||||||
4 | person, | ||||||
5 | (1) whether the alleged incident involved harassment | ||||||
6 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
7 | of 1986; | ||||||
8 | (2) whether the person has a history of domestic | ||||||
9 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
10 | or a history of other criminal acts; | ||||||
11 | (3) based on the mental health of the person; | ||||||
12 | (4) whether the person has a history of violating the | ||||||
13 | orders of any court or governmental entity; | ||||||
14 | (5) whether the person has been, or is, potentially a | ||||||
15 | threat to any other person; | ||||||
16 | (6) whether the person has access to deadly weapons or | ||||||
17 | a history of using deadly weapons; | ||||||
18 | (7) whether the person has a history of abusing alcohol | ||||||
19 | or any controlled substance; | ||||||
20 | (8) based on the severity of the alleged incident that | ||||||
21 | is the basis of the alleged offense, including, but not | ||||||
22 | limited to, the duration of the current incident, and | ||||||
23 | whether the alleged incident involved the use of a weapon, | ||||||
24 | physical injury, sexual assault, strangulation, abuse | ||||||
25 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
26 | forcible entry to gain access to the alleged victim; |
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1 | (9) whether a separation of the person from the alleged | ||||||
2 | victim or a termination of the relationship between the | ||||||
3 | person and the alleged victim has recently occurred or is | ||||||
4 | pending; | ||||||
5 | (10) whether the person has exhibited obsessive or | ||||||
6 | controlling behaviors toward the alleged victim, | ||||||
7 | including, but not limited to, stalking, surveillance, or | ||||||
8 | isolation of the alleged victim or victim's family member | ||||||
9 | or members; | ||||||
10 | (11) whether the person has expressed suicidal or | ||||||
11 | homicidal ideations; | ||||||
12 | (12) based on any information contained in the | ||||||
13 | complaint and any police reports, affidavits, or other | ||||||
14 | documents accompanying the complaint, | ||||||
15 | the court may, in its discretion, order the respondent to | ||||||
16 | undergo a risk assessment evaluation using a recognized, | ||||||
17 | evidence-based instrument conducted by an Illinois Department | ||||||
18 | of Human Services approved partner abuse intervention program | ||||||
19 | provider, pretrial service, probation, or parole agency. These | ||||||
20 | agencies shall have access to summaries of the defendant's | ||||||
21 | criminal history, which shall not include victim interviews or | ||||||
22 | information, for the risk evaluation. Based on the information | ||||||
23 | collected from the 12 points to be considered at a bail hearing | ||||||
24 | under this subsection (f), the results of any risk evaluation | ||||||
25 | conducted and the other circumstances of the violation, the | ||||||
26 | court may order that the person, as a condition of bail, be |
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1 | placed under electronic surveillance as provided in Section | ||||||
2 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
3 | determination whether or not to order the respondent to undergo | ||||||
4 | a risk assessment evaluation or to be placed under electronic | ||||||
5 | surveillance and risk assessment, the court shall document in | ||||||
6 | the record the court's reasons for making those determinations. | ||||||
7 | The cost of the electronic surveillance and risk assessment | ||||||
8 | shall be paid by, or on behalf, of the defendant. As used in | ||||||
9 | this subsection (f), "intimate partner" means a spouse or a | ||||||
10 | current or former partner in a cohabitation or dating | ||||||
11 | relationship.
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12 | (Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15; | ||||||
13 | 99-143, eff. 7-27-15.)
| ||||||
14 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
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15 | Sec. 110-6. Modification of bail or conditions. | ||||||
16 | (a) Upon verified application by
the State or the defendant | ||||||
17 | or on its own motion the court before which the
proceeding is
| ||||||
18 | pending may increase or reduce the amount of bail or may alter | ||||||
19 | the
conditions of the bail bond or grant bail where it has been | ||||||
20 | previously
revoked or denied.
If bail has been previously | ||||||
21 | revoked pursuant to subsection (f) of this
Section or if bail | ||||||
22 | has been denied to the defendant pursuant to subsection
(e) of | ||||||
23 | Section 110-6.1 or subsection (e) of Section 110-6.3, the | ||||||
24 | defendant
shall
be required to present a
verified application | ||||||
25 | setting forth in detail any new facts not known or
obtainable |
| |||||||
| |||||||
1 | at the time of the previous revocation or denial of bail
| ||||||
2 | proceedings. If the court grants bail where it has been | ||||||
3 | previously revoked
or denied, the court shall state on the | ||||||
4 | record of the proceedings the
findings of facts and conclusion | ||||||
5 | of law upon which such order is based.
| ||||||
6 | (a-5) In addition to any other available motion or | ||||||
7 | procedure under this Code, a person in custody for a Category B | ||||||
8 | offense due to an inability to post monetary bail shall be | ||||||
9 | brought before the court at the next available court date or 7 | ||||||
10 | calendar days from the date bail was set, whichever is earlier, | ||||||
11 | for a rehearing on the amount or conditions of bail or release | ||||||
12 | pending further court proceedings. The court may reconsider | ||||||
13 | conditions of release for any other person who's inability to | ||||||
14 | post monetary bail is the sole reason for continued | ||||||
15 | incarceration, including a person in custody for a Category A | ||||||
16 | offense. | ||||||
17 | (b) Violation of the conditions of Section
110-10 of this | ||||||
18 | Code or any special conditions of bail as ordered by the
court | ||||||
19 | shall constitute grounds for the court to increase
the amount | ||||||
20 | of bail, or otherwise alter the conditions of bail, or, where
| ||||||
21 | the alleged offense committed on bail is a forcible felony in | ||||||
22 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
23 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act, revoke | ||||||
25 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
26 | of this
Section.
|
| |||||||
| |||||||
1 | (c) Reasonable notice of such application by the defendant | ||||||
2 | shall be
given to the State.
| ||||||
3 | (d) Reasonable notice of such application by the State | ||||||
4 | shall be
given to the defendant, except as provided in | ||||||
5 | subsection (e).
| ||||||
6 | (e) Upon verified application by the State stating facts or
| ||||||
7 | circumstances constituting a violation or a threatened
| ||||||
8 | violation of any of the
conditions of the bail bond the court | ||||||
9 | may issue a warrant commanding any
peace officer to bring the | ||||||
10 | defendant without unnecessary delay before
the court for a | ||||||
11 | hearing on the matters set forth in the application. If
the | ||||||
12 | actual court before which the proceeding is pending is absent | ||||||
13 | or
otherwise unavailable another court may issue a warrant | ||||||
14 | pursuant to this
Section. When the defendant is charged with a | ||||||
15 | felony offense and while
free on bail is charged with a | ||||||
16 | subsequent felony offense and is the subject
of a proceeding | ||||||
17 | set forth in Section 109-1 or 109-3 of this Code, upon the
| ||||||
18 | filing of a verified petition by the State alleging a violation | ||||||
19 | of Section
110-10 (a) (4) of this Code, the court shall without | ||||||
20 | prior notice to the
defendant, grant leave to file such | ||||||
21 | application and shall order the
transfer of the defendant and | ||||||
22 | the application without unnecessary delay to
the court before | ||||||
23 | which the previous felony matter is pending for a hearing
as | ||||||
24 | provided in subsection (b) or this subsection of this Section. | ||||||
25 | The
defendant shall be held
without bond pending transfer to | ||||||
26 | and a hearing before such court. At
the conclusion of the |
| |||||||
| |||||||
1 | hearing based on a violation of the conditions of
Section | ||||||
2 | 110-10 of this Code or any special conditions of bail as | ||||||
3 | ordered by
the court the court may enter an order
increasing | ||||||
4 | the amount of bail or alter the conditions of bail as deemed
| ||||||
5 | appropriate.
| ||||||
6 | (f) Where the alleged violation consists of the violation | ||||||
7 | of
one or more felony statutes of any jurisdiction which would | ||||||
8 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
9 | offense under the
Illinois Controlled Substances Act, the
| ||||||
10 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
11 | Community Protection Act and the
defendant is on bail for the | ||||||
12 | alleged
commission of a felony, or where the defendant is on | ||||||
13 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
14 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012), aggravated
domestic battery, | ||||||
16 | aggravated battery, unlawful restraint, aggravated unlawful
| ||||||
17 | restraint or domestic battery in violation
of item (1) of | ||||||
18 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
19 | or the Criminal Code of 2012
against a
family or household | ||||||
20 | member as defined in Section 112A-3 of this Code and the
| ||||||
21 | violation is an offense of domestic battery against
the same | ||||||
22 | victim the court shall, on the motion of the State
or its own | ||||||
23 | motion, revoke bail
in accordance with the following | ||||||
24 | provisions:
| ||||||
25 | (1) The court shall hold the defendant without bail | ||||||
26 | pending
the hearing on the alleged breach; however, if the |
| |||||||
| |||||||
1 | defendant
is not admitted to bail the
hearing shall be | ||||||
2 | commenced within 10 days from the date the defendant is
| ||||||
3 | taken into custody or the defendant may not be held any | ||||||
4 | longer without bail, unless delay is occasioned by the | ||||||
5 | defendant. Where defendant
occasions the delay, the | ||||||
6 | running of the 10 day period is temporarily
suspended and | ||||||
7 | resumes at the termination of the period of delay. Where
| ||||||
8 | defendant occasions the delay with 5 or fewer days | ||||||
9 | remaining in the 10
day period, the court may grant a | ||||||
10 | period of up to 5 additional days to
the State for good | ||||||
11 | cause shown. The State, however, shall retain the
right to | ||||||
12 | proceed to hearing on the alleged violation at any time, | ||||||
13 | upon
reasonable notice to the defendant and the court.
| ||||||
14 | (2) At a hearing on the alleged violation the State has | ||||||
15 | the burden
of going forward and proving the violation by | ||||||
16 | clear and convincing
evidence. The evidence shall be | ||||||
17 | presented in open court with the
opportunity to testify, to | ||||||
18 | present witnesses in his behalf, and to
cross-examine | ||||||
19 | witnesses if any are called by the State, and | ||||||
20 | representation
by counsel and
if the defendant is indigent | ||||||
21 | to have counsel appointed for him. The
rules of evidence | ||||||
22 | applicable in criminal trials in this State shall not
| ||||||
23 | govern the admissibility of evidence at such hearing.
| ||||||
24 | Information used by the court in its findings or stated in | ||||||
25 | or offered in
connection with hearings for increase or | ||||||
26 | revocation of bail may be by way
of proffer based upon |
| |||||||
| |||||||
1 | reliable information offered by the State or
defendant. All | ||||||
2 | evidence shall be admissible if it is relevant and reliable
| ||||||
3 | regardless of whether it would be admissible under the | ||||||
4 | rules of evidence
applicable at criminal trials. A motion | ||||||
5 | by the defendant to suppress
evidence or to suppress a | ||||||
6 | confession shall not be entertained at such a
hearing. | ||||||
7 | Evidence that proof may have been obtained as a result of | ||||||
8 | an
unlawful search and seizure or through improper | ||||||
9 | interrogation is not
relevant to this hearing.
| ||||||
10 | (3) Upon a finding by the court that the State has | ||||||
11 | established by
clear and convincing evidence that the | ||||||
12 | defendant has committed a
forcible felony or a Class 2 or | ||||||
13 | greater offense under the Illinois Controlled
Substances | ||||||
14 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
15 | Control and Community Protection Act while admitted to | ||||||
16 | bail, or where the
defendant is on bail for a felony | ||||||
17 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
18 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012), aggravated
domestic battery, aggravated | ||||||
20 | battery, unlawful
restraint, aggravated unlawful restraint | ||||||
21 | or domestic battery in violation of
item (1) of subsection | ||||||
22 | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012
against
a family or household member | ||||||
24 | as defined in
Section 112A-3 of this Code and the violation | ||||||
25 | is an offense of domestic
battery, against the same victim, | ||||||
26 | the court
shall revoke the bail of
the defendant and hold |
| |||||||
| |||||||
1 | the defendant for trial without bail. Neither the
finding | ||||||
2 | of the court nor any transcript or other record of the | ||||||
3 | hearing
shall be admissible in the State's case in chief, | ||||||
4 | but shall be admissible
for impeachment, or as provided in | ||||||
5 | Section 115-10.1 of this Code or in a
perjury proceeding.
| ||||||
6 | (4) If the bail of any defendant is revoked pursuant to | ||||||
7 | paragraph
(f) (3) of this Section, the defendant may demand | ||||||
8 | and shall be entitled
to be brought to trial on the offense | ||||||
9 | with respect to which he was
formerly released on bail | ||||||
10 | within 90 days after the date on which his
bail was | ||||||
11 | revoked. If the defendant is not brought to trial within | ||||||
12 | the
90 day period required by the preceding sentence, he | ||||||
13 | shall not be held
longer without bail. In computing the 90 | ||||||
14 | day period, the court shall
omit any period of delay | ||||||
15 | resulting from a continuance granted at the
request of the | ||||||
16 | defendant.
| ||||||
17 | (5) If the defendant either is arrested on a warrant | ||||||
18 | issued pursuant
to this Code or is arrested for an | ||||||
19 | unrelated offense and it is subsequently
discovered that | ||||||
20 | the defendant is a subject of another warrant or warrants
| ||||||
21 | issued pursuant to this Code, the defendant shall be | ||||||
22 | transferred promptly
to the court which issued such | ||||||
23 | warrant. If, however, the defendant appears
initially | ||||||
24 | before a court other than the court which issued such | ||||||
25 | warrant,
the non-issuing court shall not alter the amount | ||||||
26 | of bail heretofore set on
such warrant unless the court |
| |||||||
| |||||||
1 | sets forth on the record of proceedings the
conclusions of | ||||||
2 | law and facts which are the basis for such altering of
| ||||||
3 | another court's bond. The non-issuing court shall not alter | ||||||
4 | another courts
bail set on a warrant unless the interests | ||||||
5 | of justice and public safety are
served by such action.
| ||||||
6 | (g) The State may appeal any order where the court has | ||||||
7 | increased or reduced
the amount of bail or altered the | ||||||
8 | conditions of the bail bond or granted bail where it has | ||||||
9 | previously been revoked.
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | (725 ILCS 5/110-6.4 new) | ||||||
12 | Sec. 110-6.4. Statewide risk assessment tool. | ||||||
13 | The Supreme Court may establish a statewide | ||||||
14 | risk-assessment tool to be used in proceedings to assist the | ||||||
15 | court in establishing bail for a defendant by assessing the | ||||||
16 | defendant's likelihood of appearing at future court | ||||||
17 | proceedings or determining if the defendant poses a real and | ||||||
18 | present threat to the physical safety of any person or persons. | ||||||
19 | The Supreme Court shall consider establishing a | ||||||
20 | risk-assessment tool that does not discriminate on the basis of | ||||||
21 | race, gender, educational level, socio-economic status, or | ||||||
22 | neighborhood. If a risk assessment tool is utilized within a | ||||||
23 | circuit that does not require a personal interview to be | ||||||
24 | completed, the Chief Judge of the circuit or the Director of | ||||||
25 | the Pre-trial Services Agency may exempt the requirement under |
| |||||||
| |||||||
1 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
2 | Services Act. | ||||||
3 | For the purpose of this Section, "risk assessment tool" | ||||||
4 | means an empirically validated, evidence-based screening | ||||||
5 | instrument that demonstrates reduced instances of a | ||||||
6 | defendant's failure to appear for further court proceedings or | ||||||
7 | prevents future criminal activity.
| ||||||
8 | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| ||||||
9 | Sec. 110-14. Credit for incarceration on bailable offense; | ||||||
10 | credit against monetary bail for certain offenses | ||||||
11 | Incarceration on Bailable Offense . | ||||||
12 | (a) Any person incarcerated on a bailable offense who does | ||||||
13 | not supply
bail and against whom a fine is levied on conviction | ||||||
14 | of the such offense
shall be allowed a credit of $5 for each | ||||||
15 | day so incarcerated upon application
of the defendant. However,
| ||||||
16 | in no case shall the amount so allowed or
credited exceed the | ||||||
17 | amount of the fine. | ||||||
18 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
19 | for sexual assault as defined in paragraph (1) of subsection | ||||||
20 | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| ||||||
21 | (c) A person subject to bail on a Category B offense shall | ||||||
22 | have $30 deducted from his or her monetary bail every day the | ||||||
23 | person is incarcerated.
| ||||||
24 | (Source: P.A. 93-699, eff. 1-1-05.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Section and Section 5 take | ||||||
2 | effect upon becoming law.".
|