| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Clerks of Courts Act is amended by adding | |||||||||||||||||||||
5 | Section 27.11 as follows: | |||||||||||||||||||||
6 | (705 ILCS 105/27.11 new) | |||||||||||||||||||||
7 | Sec. 27.11. Firearm offenses database; pretrial release. | |||||||||||||||||||||
8 | (a) Beginning January 1, 2023,
the clerk of the circuit | |||||||||||||||||||||
9 | court must report to the Administrative Office of the Illinois | |||||||||||||||||||||
10 | Courts and every 30 days thereafter a list of offenders in the | |||||||||||||||||||||
11 | clerk's circuit who were charged with a violation of Article | |||||||||||||||||||||
12 | 24 of the Criminal Code of 2012 and whether they were detained | |||||||||||||||||||||
13 | or released on pretrial release. | |||||||||||||||||||||
14 | (b) The Administrative Office of the Illinois Courts shall | |||||||||||||||||||||
15 | publish the information on a public database providing the | |||||||||||||||||||||
16 | offense type, date of the offense, and whether there was an | |||||||||||||||||||||
17 | order for detention or pretrial release. | |||||||||||||||||||||
18 | (c) The offenders names shall not be listed on the public | |||||||||||||||||||||
19 | database. | |||||||||||||||||||||
20 | (d) The Administrative Office of the Illinois Courts shall | |||||||||||||||||||||
21 | determine the manner in which the information is reported to | |||||||||||||||||||||
22 | the Office from the clerks.
|
| |||||||
| |||||||
1 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Section 110-6.1 as follows:
| ||||||
3 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| ||||||
4 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
5 | Sec. 110-6.1. Denial of bail in non-probationable felony | ||||||
6 | offenses.
| ||||||
7 | (a) Upon verified petition by the State, the court shall | ||||||
8 | hold a hearing to
determine whether bail should be denied to a | ||||||
9 | defendant who is charged with
a felony offense for which a | ||||||
10 | sentence of imprisonment, without probation,
periodic | ||||||
11 | imprisonment or conditional discharge, is required by law upon
| ||||||
12 | conviction, when it is alleged that the defendant's admission | ||||||
13 | to bail poses
a real and present threat to the physical safety | ||||||
14 | of any person or persons.
| ||||||
15 | (1) A petition may be filed without prior notice to | ||||||
16 | the defendant at the
first appearance before a judge, or | ||||||
17 | within the 21 calendar days, except as
provided in Section | ||||||
18 | 110-6, after arrest and release of the defendant upon
| ||||||
19 | reasonable notice to defendant; provided that while such | ||||||
20 | petition is
pending before the court, the defendant if | ||||||
21 | previously released shall not be
detained.
| ||||||
22 | (2) The hearing shall be held immediately upon the | ||||||
23 | defendant's appearance
before the court, unless for good | ||||||
24 | cause shown the defendant or the State
seeks a | ||||||
25 | continuance. A continuance on motion of the
defendant may |
| |||||||
| |||||||
1 | not exceed 5 calendar days, and a continuance on the | ||||||
2 | motion
of the State may not exceed 3 calendar days. The | ||||||
3 | defendant may be held in
custody during such continuance.
| ||||||
4 | (b) The court may deny bail to the defendant where, after | ||||||
5 | the hearing, it
is determined that:
| ||||||
6 | (1) the proof is evident or the presumption great that | ||||||
7 | the defendant has
committed an offense for which a | ||||||
8 | sentence of imprisonment, without
probation, periodic | ||||||
9 | imprisonment or conditional discharge, must be imposed
by | ||||||
10 | law as a consequence of conviction, and
| ||||||
11 | (2) the defendant poses a real and present threat to | ||||||
12 | the physical safety
of any person or persons, by conduct | ||||||
13 | which may include, but is not limited
to, a forcible | ||||||
14 | felony, the obstruction of justice,
intimidation, injury, | ||||||
15 | physical harm, an offense under the Illinois
Controlled | ||||||
16 | Substances Act which is a Class X felony, or an offense | ||||||
17 | under the Methamphetamine Control and Community Protection | ||||||
18 | Act which is a Class X felony, and
| ||||||
19 | (3) the court finds that no condition or combination | ||||||
20 | of conditions set
forth in subsection (b) of Section | ||||||
21 | 110-10 of this Article,
can reasonably assure the physical | ||||||
22 | safety of any other person or persons.
| ||||||
23 | (c) Conduct of the hearings.
| ||||||
24 | (1) The hearing on the defendant's culpability and | ||||||
25 | dangerousness shall be
conducted in accordance with the | ||||||
26 | following provisions:
|
| |||||||
| |||||||
1 | (A) Information used by the court in its findings | ||||||
2 | or stated in or
offered at such hearing may be by way | ||||||
3 | of proffer based upon reliable
information offered by | ||||||
4 | the State or by defendant. Defendant has the right to
| ||||||
5 | be represented by counsel, and if he is indigent, to | ||||||
6 | have counsel appointed
for him. Defendant shall have | ||||||
7 | the opportunity to testify, to present
witnesses in | ||||||
8 | his own behalf, and to cross-examine witnesses if any | ||||||
9 | are
called by the State. The defendant has the right to | ||||||
10 | present witnesses in
his favor. When the ends of | ||||||
11 | justice so require, the court may exercises
its | ||||||
12 | discretion and compel the appearance of a complaining
| ||||||
13 | witness. The court shall state on the record reasons | ||||||
14 | for granting a
defense request to compel the presence | ||||||
15 | of a complaining witness.
Cross-examination of a | ||||||
16 | complaining witness at the pretrial detention hearing
| ||||||
17 | for the purpose of impeaching the witness' credibility | ||||||
18 | is insufficient reason
to compel the presence of the | ||||||
19 | witness. In deciding whether to compel the
appearance | ||||||
20 | of a complaining witness, the court shall be | ||||||
21 | considerate of the
emotional and physical well-being | ||||||
22 | of the witness. The pre-trial detention
hearing is not | ||||||
23 | to be used for purposes of discovery, and the post
| ||||||
24 | arraignment rules of discovery do not apply. The State | ||||||
25 | shall tender to the
defendant, prior to the hearing, | ||||||
26 | copies of defendant's criminal history, if
any, if |
| |||||||
| |||||||
1 | available, and any written or recorded statements and | ||||||
2 | the substance
of any oral statements made by any | ||||||
3 | person, if relied upon by the State in
its petition. | ||||||
4 | The rules concerning the admissibility of evidence in
| ||||||
5 | criminal trials do not apply to the presentation and | ||||||
6 | consideration of
information at the hearing. At the | ||||||
7 | trial concerning the offense for which
the hearing was | ||||||
8 | conducted neither the finding of the court nor any
| ||||||
9 | transcript or other record of the hearing shall be | ||||||
10 | admissible in the
State's case in chief, but shall be | ||||||
11 | admissible for impeachment, or as
provided in Section | ||||||
12 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
13 | (B) A motion by the defendant to suppress evidence | ||||||
14 | or to suppress a
confession shall not be entertained. | ||||||
15 | Evidence that proof may have been
obtained as the | ||||||
16 | result of an unlawful search and seizure or through
| ||||||
17 | improper interrogation is not relevant to this state | ||||||
18 | of the prosecution.
| ||||||
19 | (2) The facts relied upon by the court to support a | ||||||
20 | finding that the
defendant poses a real and present threat | ||||||
21 | to the physical safety of any
person or persons shall be | ||||||
22 | supported by clear and convincing evidence
presented by | ||||||
23 | the State.
| ||||||
24 | (d) Factors to be considered in making a determination of | ||||||
25 | dangerousness.
The court may, in determining whether the | ||||||
26 | defendant poses a real and
present threat to the physical |
| |||||||
| |||||||
1 | safety of any person or persons, consider but
shall not be | ||||||
2 | limited to evidence or testimony concerning:
| ||||||
3 | (1) The nature and circumstances of any offense | ||||||
4 | charged, including
whether the offense is a crime of | ||||||
5 | violence, involving a weapon.
| ||||||
6 | (2) The history and characteristics of the defendant | ||||||
7 | including:
| ||||||
8 | (A) Any evidence of the defendant's prior criminal | ||||||
9 | history indicative of
violent, abusive or assaultive | ||||||
10 | behavior, or lack of such behavior. Such
evidence may | ||||||
11 | include testimony or documents received in juvenile
| ||||||
12 | proceedings, criminal, quasi-criminal, civil | ||||||
13 | commitment, domestic relations
or other proceedings.
| ||||||
14 | (B) Any evidence of the defendant's psychological, | ||||||
15 | psychiatric or other
similar social history which | ||||||
16 | tends to indicate a violent, abusive, or
assaultive | ||||||
17 | nature, or lack of any such history.
| ||||||
18 | (3) The identity of any person or persons to whose | ||||||
19 | safety the defendant
is believed to pose a threat, and the | ||||||
20 | nature of the threat;
| ||||||
21 | (4) Any statements made by, or attributed to the | ||||||
22 | defendant, together with
the circumstances surrounding | ||||||
23 | them;
| ||||||
24 | (5) The age and physical condition of any person | ||||||
25 | assaulted
by the defendant;
| ||||||
26 | (6) Whether the defendant is known to possess or have |
| |||||||
| |||||||
1 | access to any
weapon or weapons;
| ||||||
2 | (7) Whether, at the time of the current offense or any | ||||||
3 | other offense or
arrest, the defendant was on probation, | ||||||
4 | parole, aftercare release, mandatory supervised
release or | ||||||
5 | other release from custody pending trial, sentencing, | ||||||
6 | appeal or
completion of sentence for an offense under | ||||||
7 | federal or state law;
| ||||||
8 | (8) Any other factors, including those listed in | ||||||
9 | Section 110-5 of this
Article deemed by the court to have a | ||||||
10 | reasonable bearing upon the
defendant's propensity or | ||||||
11 | reputation for violent, abusive or assaultive
behavior, or | ||||||
12 | lack of such behavior.
| ||||||
13 | (e) Detention order. The court shall, in any order for | ||||||
14 | detention:
| ||||||
15 | (1) briefly summarize the evidence of the defendant's | ||||||
16 | culpability and its
reasons for concluding that the | ||||||
17 | defendant should be held without bail;
| ||||||
18 | (2) direct that the defendant be committed to the | ||||||
19 | custody of the sheriff
for confinement in the county jail | ||||||
20 | pending trial;
| ||||||
21 | (3) direct that the defendant be given a reasonable | ||||||
22 | opportunity for
private consultation with counsel, and for | ||||||
23 | communication with others of his
choice by visitation, | ||||||
24 | mail and telephone; and
| ||||||
25 | (4) direct that the sheriff deliver the defendant as | ||||||
26 | required for
appearances in connection with court |
| |||||||
| |||||||
1 | proceedings.
| ||||||
2 | (f) If the court enters an order for the detention of the | ||||||
3 | defendant
pursuant to subsection (e) of this Section, the | ||||||
4 | defendant
shall be brought to trial on the offense for which he | ||||||
5 | is
detained within 90 days after the date on which the order | ||||||
6 | for detention was
entered. If the defendant is not brought to | ||||||
7 | trial within the 90 day period
required by the preceding | ||||||
8 | sentence, he shall not be held longer without
bail. In | ||||||
9 | computing the 90 day period, the court shall omit any period of
| ||||||
10 | delay resulting from a continuance granted at the request of | ||||||
11 | the defendant.
| ||||||
12 | (g) Rights of the defendant. Any person shall be entitled | ||||||
13 | to appeal any
order entered under this Section denying bail to | ||||||
14 | the defendant.
| ||||||
15 | (h) The State may appeal any order entered under this | ||||||
16 | Section denying any
motion for denial of bail.
| ||||||
17 | (i) Nothing in this Section shall be construed as | ||||||
18 | modifying or limiting
in any way the defendant's presumption | ||||||
19 | of innocence in further criminal
proceedings.
| ||||||
20 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
21 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
22 | Sec. 110-6.1. Denial of pretrial release.
| ||||||
23 | (a) Upon verified petition by the State, the court shall | ||||||
24 | hold a hearing and may deny a defendant pretrial release only | ||||||
25 | if: |
| |||||||
| |||||||
1 | (1) the defendant is charged with
a forcible felony | ||||||
2 | offense for which a sentence of imprisonment, without | ||||||
3 | probation,
periodic imprisonment or conditional discharge, | ||||||
4 | is required by law upon
conviction, and it is alleged that | ||||||
5 | the defendant's pretrial release poses a specific, real | ||||||
6 | and present threat to any person or the community.;
| ||||||
7 | (2) the defendant is charged with stalking or | ||||||
8 | aggravated stalking and it is alleged that the defendant's | ||||||
9 | pre-trial release poses a real and present threat to the | ||||||
10 | physical safety of a victim of the alleged offense, and | ||||||
11 | denial of release is necessary to prevent fulfillment of | ||||||
12 | the threat upon which the charge is based; | ||||||
13 | (3) the victim of abuse was a family or household | ||||||
14 | member as defined by paragraph (6) of Section 103 of the | ||||||
15 | Illinois Domestic Violence Act of 1986, and the person | ||||||
16 | charged, at the time of the alleged offense, was subject | ||||||
17 | to the terms of an order of protection issued under | ||||||
18 | Section 112A-14 of this Code, or Section 214 of the | ||||||
19 | Illinois Domestic Violence Act of 1986 or previously was | ||||||
20 | convicted of a violation of an order of protection under | ||||||
21 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 or a violent crime if the victim was | ||||||
23 | a family or household member as defined by paragraph (6) | ||||||
24 | of the Illinois Domestic Violence Act of 1986 at the time | ||||||
25 | of the offense or a violation of a substantially similar | ||||||
26 | municipal ordinance or law of this or any other state or |
| |||||||
| |||||||
1 | the United States if the victim was a family or household | ||||||
2 | member as defined by paragraph (6) of Section 103 of the | ||||||
3 | Illinois Domestic Violence Act of 1986 at the time of the | ||||||
4 | offense, and it is alleged that the defendant's pre-trial | ||||||
5 | release poses a real and present threat to the physical | ||||||
6 | safety of any person or persons; | ||||||
7 | (4) the defendant is charged with domestic battery or | ||||||
8 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
9 | of the Criminal Code of 2012 and it is alleged that the | ||||||
10 | defendant's pretrial release poses a real and present | ||||||
11 | threat to the physical safety of any person or persons; | ||||||
12 | (5) the defendant is charged with any offense under | ||||||
13 | Article 11 of the Criminal Code of 2012, except for | ||||||
14 | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | ||||||
15 | Code of 2012, or similar provisions of the Criminal Code | ||||||
16 | of 1961 and it is alleged that the defendant's pretrial | ||||||
17 | release poses a real and present threat to the physical | ||||||
18 | safety of any person or persons; | ||||||
19 | (6) the defendant is charged with any of these | ||||||
20 | violations under the Criminal Code of 2012 and it is | ||||||
21 | alleged that the defendant's pretrial releases poses a | ||||||
22 | real and present threat to the physical safety of any | ||||||
23 | specifically identifiable person or persons. | ||||||
24 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
25 | firearm); | ||||||
26 | (B) Section 24-2.5 (aggravated discharge of a |
| |||||||
| |||||||
1 | machine gun or a firearm equipped with a device | ||||||
2 | designed or use for silencing the report of a | ||||||
3 | firearm); | ||||||
4 | (C) Section 24-1.5 (reckless discharge of a | ||||||
5 | firearm); | ||||||
6 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
7 | (E) Section 24-2.2 2 (manufacture, sale or | ||||||
8 | transfer of bullets or shells represented to be armor | ||||||
9 | piercing bullets, dragon's breath shotgun shells, bolo | ||||||
10 | shells or flechette shells); | ||||||
11 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
12 | firearms); | ||||||
13 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
14 | firearms on the premises of any school); | ||||||
15 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
16 | liquor license); | ||||||
17 | (I) Section 24-3.5 {unlawful purchase of a | ||||||
18 | firearm); | ||||||
19 | (J) Section 24-3A (gunrunning); or | ||||||
20 | (K) Section on 24-3B (firearms trafficking ); | ||||||
21 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
22 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
23 | of a minor); | ||||||
24 | (N) Section 10-9(d) (trafficking in persons); | ||||||
25 | (O) Non-probationable violations: (i) (unlawful | ||||||
26 | use or possession of weapons by felons or persons in |
| |||||||
| |||||||
1 | the Custody of the Department of Corrections | ||||||
2 | facilities (Section 24-1.1), (ii) aggravated unlawful | ||||||
3 | use of a weapon (Section 24-1.6, or (iii) aggravated | ||||||
4 | possession of a stolen firearm (Section 24-3.9); | ||||||
5 | (7) the person has a high likelihood of willful flight | ||||||
6 | to avoid prosecution and is charged with: | ||||||
7 | (A) Any felony described in Sections (a)(1) | ||||||
8 | through (a)(5) of this Section; or | ||||||
9 | (B) A felony offense other than a Class 4 offense ; | ||||||
10 | (8) the defendant is charged with an offense that | ||||||
11 | involves the discharge of a firearm; or | ||||||
12 | (9) the defendant is charged with any felony offense | ||||||
13 | listed in Article 24 of the Criminal Code of 2012 and has a | ||||||
14 | prior conviction for a weapons offense . | ||||||
15 | | ||||||
16 | (b) If the charged offense is a felony, the Court shall | ||||||
17 | hold a hearing pursuant to 109-3 of this Code to determine | ||||||
18 | whether there is probable cause the defendant has committed an | ||||||
19 | offense, unless a grand jury has returned a true bill of | ||||||
20 | indictment against the defendant. If there is a finding of no | ||||||
21 | probable cause, the defendant shall be released. No such | ||||||
22 | finding is necessary if the defendant is charged with a | ||||||
23 | misdemeanor. | ||||||
24 | (c) Timing of petition. | ||||||
25 | (1) A petition may be filed without prior notice to | ||||||
26 | the defendant at the
first appearance before a judge, or |
| |||||||
| |||||||
1 | within the 21 calendar days, except as
provided in Section | ||||||
2 | 110-6, after arrest and release of the defendant upon
| ||||||
3 | reasonable notice to defendant; provided that while such | ||||||
4 | petition is
pending before the court, the defendant if | ||||||
5 | previously released shall not be
detained.
| ||||||
6 | (2) (2) Upon filing, the court shall immediately hold | ||||||
7 | a hearing on the petition unless a continuance is | ||||||
8 | requested. If a continuance is requested, the hearing | ||||||
9 | shall be held within 48 hours of the defendant's first | ||||||
10 | appearance if the defendant is charged with a Class X, | ||||||
11 | Class 1, Class 2, or Class 3 felony, and within 24 hours if | ||||||
12 | the defendant is charged with a Class 4 or misdemeanor | ||||||
13 | offense. The Court may deny and or grant the request for | ||||||
14 | continuance. If the court decides to grant the | ||||||
15 | continuance, the Court retains the discretion to detain or | ||||||
16 | release the defendant in the time between the filing of | ||||||
17 | the petition and the hearing. | ||||||
18 | (d) Contents of petition. | ||||||
19 | (1) The petition shall be verified by the State and | ||||||
20 | shall state the grounds upon which it contends the | ||||||
21 | defendant should be denied pretrial release, including the | ||||||
22 | identity of the specific person or persons the State | ||||||
23 | believes the defendant poses a danger to. | ||||||
24 | (2) Only one petition may be filed under this Section. | ||||||
25 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
26 | for pretrial release, and the State shall bear the burden of |
| |||||||
| |||||||
1 | proving by clear and convincing evidence that:
| ||||||
2 | (1) the proof is evident or the presumption great that | ||||||
3 | the defendant has
committed an offense listed in | ||||||
4 | paragraphs (1) through (6) of subsection (a), and
| ||||||
5 | (2) the defendant poses a real and present threat to | ||||||
6 | the safety
of a specific, identifiable person or persons, | ||||||
7 | by conduct which may include, but is not limited
to, a | ||||||
8 | forcible felony, the obstruction of justice,
intimidation, | ||||||
9 | injury, or abuse as defined by paragraph (1) of Section | ||||||
10 | 103 of the Illinois Domestic Violence Act of 1986, and
| ||||||
11 | (3) no condition or combination of conditions set
| ||||||
12 | forth in subsection (b) of Section 110-10 of this Article | ||||||
13 | can mitigate the real and present threat to the safety of | ||||||
14 | any person or persons or the defendant's willful flight.
| ||||||
15 | (f) Conduct of the hearings.
| ||||||
16 | (1) Prior
to the hearing the State shall tender to the | ||||||
17 | defendant copies of
defendant's criminal history | ||||||
18 | available, any written or
recorded statements, and the | ||||||
19 | substance of any oral statements made by
any person, if | ||||||
20 | relied upon by the State in its petition, and any police
| ||||||
21 | reports in the State's Attorney's possession at the time | ||||||
22 | of the hearing
that are required to be disclosed to the | ||||||
23 | defense under Illinois Supreme
Court rules.
| ||||||
24 | (2) The State or defendant may present evidence at the | ||||||
25 | hearing by way of proffer based upon reliable
information. | ||||||
26 | (3) The defendant has the right to
be represented by |
| |||||||
| |||||||
1 | counsel, and if he or she is indigent, to have counsel | ||||||
2 | appointed
for him or her. The defendant shall have the | ||||||
3 | opportunity to testify, to present
witnesses on his or her | ||||||
4 | own behalf, and to cross-examine any witnesses that are
| ||||||
5 | called by the State. | ||||||
6 | (4) If the defense seeks to call the complaining | ||||||
7 | witness as a witness in its favor, it shall petition the | ||||||
8 | court for permission. When the ends of justice so require, | ||||||
9 | the court may exercise
its discretion and compel the | ||||||
10 | appearance of a complaining
witness. The court shall state | ||||||
11 | on the record reasons for granting a
defense request to | ||||||
12 | compel the presence of a complaining witness. In making a | ||||||
13 | determination under this section, the court shall state on | ||||||
14 | the record the reason for granting a defense request to | ||||||
15 | compel the presence of a complaining witness, and only | ||||||
16 | grant the request if the court finds by clear and | ||||||
17 | convincing evidence that the defendant will be materially | ||||||
18 | prejudiced if the complaining witness does not appear.
| ||||||
19 | Cross-examination of a complaining witness at the pretrial | ||||||
20 | detention hearing
for the purpose of impeaching the | ||||||
21 | witness' credibility is insufficient reason
to compel the | ||||||
22 | presence of the witness. In deciding whether to compel the
| ||||||
23 | appearance of a complaining witness, the court shall be | ||||||
24 | considerate of the
emotional and physical well-being of | ||||||
25 | the witness. The pre-trial detention
hearing is not to be | ||||||
26 | used for purposes of discovery, and the post
arraignment |
| |||||||
| |||||||
1 | rules of discovery do not apply. | ||||||
2 | (5) The rules concerning the admissibility of evidence | ||||||
3 | in
criminal trials do not apply to the presentation and | ||||||
4 | consideration of
information at the hearing. At the trial | ||||||
5 | concerning the offense for which
the hearing was conducted | ||||||
6 | neither the finding of the court nor any
transcript or | ||||||
7 | other record of the hearing shall be admissible in the
| ||||||
8 | State's case in chief, but shall be admissible for | ||||||
9 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
10 | Code, or in a perjury proceeding.
| ||||||
11 | (6) The defendant may not move to suppress evidence or | ||||||
12 | a
confession, however, evidence that proof of the charged | ||||||
13 | crime may have been
the result of an unlawful search or | ||||||
14 | seizure, or both, or through
improper interrogation, is | ||||||
15 | relevant in assessing the weight of the evidence against | ||||||
16 | the defendant. | ||||||
17 | (7) Decisions regarding release, conditions of release | ||||||
18 | and detention prior trial should be individualized, and no | ||||||
19 | single factor or standard should be used exclusively to | ||||||
20 | make a condition or detention decision.
| ||||||
21 | (g) Factors to be considered in making a determination of | ||||||
22 | dangerousness.
The court may, in determining whether the | ||||||
23 | defendant poses a specific, imminent threat of serious | ||||||
24 | physical harm to an identifiable person or persons, consider | ||||||
25 | but
shall not be limited to evidence or testimony concerning:
| ||||||
26 | (1) The nature and circumstances of any offense |
| |||||||
| |||||||
1 | charged, including
whether the offense is a crime of | ||||||
2 | violence, involving a weapon, or a sex offense.
| ||||||
3 | (2) The history and characteristics of the defendant | ||||||
4 | including:
| ||||||
5 | (A) Any evidence of the defendant's prior criminal | ||||||
6 | history indicative of
violent, abusive or assaultive | ||||||
7 | behavior, or lack of such behavior. Such
evidence may | ||||||
8 | include testimony or documents received in juvenile
| ||||||
9 | proceedings, criminal, quasi-criminal, civil | ||||||
10 | commitment, domestic relations
or other proceedings.
| ||||||
11 | (B) Any evidence of the defendant's psychological, | ||||||
12 | psychiatric or other
similar social history which | ||||||
13 | tends to indicate a violent, abusive, or
assaultive | ||||||
14 | nature, or lack of any such history.
| ||||||
15 | (3) The identity of any person or persons to whose | ||||||
16 | safety the defendant
is believed to pose a threat, and the | ||||||
17 | nature of the threat;
| ||||||
18 | (4) Any statements made by, or attributed to the | ||||||
19 | defendant, together with
the circumstances surrounding | ||||||
20 | them;
| ||||||
21 | (5) The age and physical condition of the defendant;
| ||||||
22 | (6) The age and physical condition of any victim or | ||||||
23 | complaining witness; | ||||||
24 | (7) Whether the defendant is known to possess or have | ||||||
25 | access to any
weapon or weapons;
| ||||||
26 | (8) Whether, at the time of the current offense or any |
| |||||||
| |||||||
1 | other offense or
arrest, the defendant was on probation, | ||||||
2 | parole, aftercare release, mandatory supervised
release or | ||||||
3 | other release from custody pending trial, sentencing, | ||||||
4 | appeal or
completion of sentence for an offense under | ||||||
5 | federal or state law;
| ||||||
6 | (9) Any other factors, including those listed in | ||||||
7 | Section 110-5 of this
Article deemed by the court to have a | ||||||
8 | reasonable bearing upon the
defendant's propensity or | ||||||
9 | reputation for violent, abusive or assaultive
behavior, or | ||||||
10 | lack of such behavior.
| ||||||
11 | (h) Detention order. The court shall, in any order for | ||||||
12 | detention:
| ||||||
13 | (1) briefly summarize the evidence of the defendant's | ||||||
14 | guilt or innocence, and the court's
reasons for concluding | ||||||
15 | that the defendant should be denied pretrial release;
| ||||||
16 | (2) direct that the defendant be committed to the | ||||||
17 | custody of the sheriff
for confinement in the county jail | ||||||
18 | pending trial;
| ||||||
19 | (3) direct that the defendant be given a reasonable | ||||||
20 | opportunity for
private consultation with counsel, and for | ||||||
21 | communication with others of his
or her choice by | ||||||
22 | visitation, mail and telephone; and
| ||||||
23 | (4) direct that the sheriff deliver the defendant as | ||||||
24 | required for
appearances in connection with court | ||||||
25 | proceedings.
| ||||||
26 | (i) Detention. If the court enters an order for the |
| |||||||
| |||||||
1 | detention of the defendant
pursuant to subsection (e) of this | ||||||
2 | Section, the defendant
shall be brought to trial on the | ||||||
3 | offense for which he is
detained within 90 days after the date | ||||||
4 | on which the order for detention was
entered. If the defendant | ||||||
5 | is not brought to trial within the 90 day period
required by | ||||||
6 | the preceding sentence, he shall not be denied pretrial | ||||||
7 | release. In computing the 90 day period, the court shall omit | ||||||
8 | any period of
delay resulting from a continuance granted at | ||||||
9 | the request of the defendant.
| ||||||
10 | (j) Rights of the defendant. Any person shall be entitled | ||||||
11 | to appeal any
order entered under this Section denying | ||||||
12 | pretrial release to the defendant.
| ||||||
13 | (k) Appeal. The State may appeal any order entered under | ||||||
14 | this Section denying any
motion for denial of pretrial | ||||||
15 | release.
| ||||||
16 | (l) Presumption of innocence. Nothing in this Section | ||||||
17 | shall be construed as modifying or limiting
in any way the | ||||||
18 | defendant's presumption of innocence in further criminal
| ||||||
19 | proceedings. | ||||||
20 | (m) Victim notice. | ||||||
21 | (1) Crime victims shall be given notice by the State's | ||||||
22 | Attorney's office of this hearing as required in paragraph | ||||||
23 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
24 | Victims and Witnesses Act and shall be informed of their | ||||||
25 | opportunity at this hearing to obtain an order of | ||||||
26 | protection under Article 112A of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
3 | changes in a statute that is represented in this Act by text | ||||||
4 | that is not yet or no longer in effect (for example, a Section | ||||||
5 | represented by multiple versions), the use of that text does | ||||||
6 | not accelerate or delay the taking effect of (i) the changes | ||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||
8 | Public Act. | ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|