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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5811 Introduced 11/16/2022, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/110-6.1 | from Ch. 38, par. 110-6.1 |
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Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with intimidation by a public official or bribery. Effective January 1, 2023.
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| | A BILL FOR |
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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 110-6.1 as follows:
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6 | | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
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7 | | (Text of Section before amendment by P.A. 101-652 )
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8 | | Sec. 110-6.1. Denial of bail in non-probationable felony |
9 | | offenses.
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10 | | (a) Upon verified petition by the State, the court shall |
11 | | hold a hearing to
determine whether bail should be denied to a |
12 | | defendant who is charged with
a felony offense for which a |
13 | | sentence of imprisonment, without probation,
periodic |
14 | | imprisonment or conditional discharge, is required by law upon
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15 | | conviction, when it is alleged that the defendant's admission |
16 | | to bail poses
a real and present threat to the physical safety |
17 | | of any person or persons.
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18 | | (1) A petition may be filed without prior notice to |
19 | | the defendant at the
first appearance before a judge, or |
20 | | within the 21 calendar days, except as
provided in Section |
21 | | 110-6, after arrest and release of the defendant upon
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22 | | reasonable notice to defendant; provided that while such |
23 | | petition is
pending before the court, the defendant if |
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1 | | previously released shall not be
detained.
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2 | | (2) The hearing shall be held immediately upon the |
3 | | defendant's appearance
before the court, unless for good |
4 | | cause shown the defendant or the State
seeks a |
5 | | continuance. A continuance on motion of the
defendant may |
6 | | not exceed 5 calendar days, and a continuance on the |
7 | | motion
of the State may not exceed 3 calendar days. The |
8 | | defendant may be held in
custody during such continuance.
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9 | | (b) The court may deny bail to the defendant where, after |
10 | | the hearing, it
is determined that:
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11 | | (1) the proof is evident or the presumption great that |
12 | | the defendant has
committed an offense for which a |
13 | | sentence of imprisonment, without
probation, periodic |
14 | | imprisonment or conditional discharge, must be imposed
by |
15 | | law as a consequence of conviction, and
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16 | | (2) the defendant poses a real and present threat to |
17 | | the physical safety
of any person or persons, by conduct |
18 | | which may include, but is not limited
to, a forcible |
19 | | felony, the obstruction of justice,
intimidation, injury, |
20 | | physical harm, an offense under the Illinois
Controlled |
21 | | Substances Act which is a Class X felony, or an offense |
22 | | under the Methamphetamine Control and Community Protection |
23 | | Act which is a Class X felony, and
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24 | | (3) the court finds that no condition or combination |
25 | | of conditions set
forth in subsection (b) of Section |
26 | | 110-10 of this Article,
can reasonably assure the physical |
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1 | | safety of any other person or persons.
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2 | | (c) Conduct of the hearings.
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3 | | (1) The hearing on the defendant's culpability and |
4 | | dangerousness shall be
conducted in accordance with the |
5 | | following provisions:
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6 | | (A) Information used by the court in its findings |
7 | | or stated in or
offered at such hearing may be by way |
8 | | of proffer based upon reliable
information offered by |
9 | | the State or by defendant. Defendant has the right to
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10 | | be represented by counsel, and if he is indigent, to |
11 | | have counsel appointed
for him. Defendant shall have |
12 | | the opportunity to testify, to present
witnesses in |
13 | | his own behalf, and to cross-examine witnesses if any |
14 | | are
called by the State. The defendant has the right to |
15 | | present witnesses in
his favor. When the ends of |
16 | | justice so require, the court may exercises
its |
17 | | discretion and compel the appearance of a complaining
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18 | | witness. The court shall state on the record reasons |
19 | | for granting a
defense request to compel the presence |
20 | | of a complaining witness.
Cross-examination of a |
21 | | complaining witness at the pretrial detention hearing
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22 | | for the purpose of impeaching the witness' credibility |
23 | | is insufficient reason
to compel the presence of the |
24 | | witness. In deciding whether to compel the
appearance |
25 | | of a complaining witness, the court shall be |
26 | | considerate of the
emotional and physical well-being |
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1 | | of the witness. The pre-trial detention
hearing is not |
2 | | to be used for purposes of discovery, and the post
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3 | | arraignment rules of discovery do not apply. The State |
4 | | shall tender to the
defendant, prior to the hearing, |
5 | | copies of defendant's criminal history, if
any, if |
6 | | available, and any written or recorded statements and |
7 | | the substance
of any oral statements made by any |
8 | | person, if relied upon by the State in
its petition. |
9 | | The rules concerning the admissibility of evidence in
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10 | | criminal trials do not apply to the presentation and |
11 | | consideration of
information at the hearing. At the |
12 | | trial concerning the offense for which
the hearing was |
13 | | conducted neither the finding of the court nor any
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14 | | transcript or other record of the hearing shall be |
15 | | admissible in the
State's case in chief, but shall be |
16 | | admissible for impeachment, or as
provided in Section |
17 | | 115-10.1 of this Code, or in a perjury proceeding.
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18 | | (B) A motion by the defendant to suppress evidence |
19 | | or to suppress a
confession shall not be entertained. |
20 | | Evidence that proof may have been
obtained as the |
21 | | result of an unlawful search and seizure or through
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22 | | improper interrogation is not relevant to this state |
23 | | of the prosecution.
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24 | | (2) The facts relied upon by the court to support a |
25 | | finding that the
defendant poses a real and present threat |
26 | | to the physical safety of any
person or persons shall be |
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1 | | supported by clear and convincing evidence
presented by |
2 | | the State.
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3 | | (d) Factors to be considered in making a determination of |
4 | | dangerousness.
The court may, in determining whether the |
5 | | defendant poses a real and
present threat to the physical |
6 | | safety of any person or persons, consider but
shall not be |
7 | | limited to evidence or testimony concerning:
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8 | | (1) The nature and circumstances of any offense |
9 | | charged, including
whether the offense is a crime of |
10 | | violence, involving a weapon.
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11 | | (2) The history and characteristics of the defendant |
12 | | including:
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13 | | (A) Any evidence of the defendant's prior criminal |
14 | | history indicative of
violent, abusive or assaultive |
15 | | behavior, or lack of such behavior. Such
evidence may |
16 | | include testimony or documents received in juvenile
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17 | | proceedings, criminal, quasi-criminal, civil |
18 | | commitment, domestic relations
or other proceedings.
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19 | | (B) Any evidence of the defendant's psychological, |
20 | | psychiatric or other
similar social history which |
21 | | tends to indicate a violent, abusive, or
assaultive |
22 | | nature, or lack of any such history.
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23 | | (3) The identity of any person or persons to whose |
24 | | safety the defendant
is believed to pose a threat, and the |
25 | | nature of the threat;
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26 | | (4) Any statements made by, or attributed to the |
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1 | | defendant, together with
the circumstances surrounding |
2 | | them;
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3 | | (5) The age and physical condition of any person |
4 | | assaulted
by the defendant;
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5 | | (6) Whether the defendant is known to possess or have |
6 | | access to any
weapon or weapons;
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7 | | (7) Whether, at the time of the current offense or any |
8 | | other offense or
arrest, the defendant was on probation, |
9 | | parole, aftercare release, mandatory supervised
release or |
10 | | other release from custody pending trial, sentencing, |
11 | | appeal or
completion of sentence for an offense under |
12 | | federal or state law;
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13 | | (8) Any other factors, including those listed in |
14 | | Section 110-5 of this
Article deemed by the court to have a |
15 | | reasonable bearing upon the
defendant's propensity or |
16 | | reputation for violent, abusive or assaultive
behavior, or |
17 | | lack of such behavior.
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18 | | (e) Detention order. The court shall, in any order for |
19 | | detention:
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20 | | (1) briefly summarize the evidence of the defendant's |
21 | | culpability and its
reasons for concluding that the |
22 | | defendant should be held without bail;
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23 | | (2) direct that the defendant be committed to the |
24 | | custody of the sheriff
for confinement in the county jail |
25 | | pending trial;
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26 | | (3) direct that the defendant be given a reasonable |
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1 | | opportunity for
private consultation with counsel, and for |
2 | | communication with others of his
choice by visitation, |
3 | | mail and telephone; and
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4 | | (4) direct that the sheriff deliver the defendant as |
5 | | required for
appearances in connection with court |
6 | | proceedings.
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7 | | (f) If the court enters an order for the detention of the |
8 | | defendant
pursuant to subsection (e) of this Section, the |
9 | | defendant
shall be brought to trial on the offense for which he |
10 | | is
detained within 90 days after the date on which the order |
11 | | for detention was
entered. If the defendant is not brought to |
12 | | trial within the 90 day period
required by the preceding |
13 | | sentence, he shall not be held longer without
bail. In |
14 | | computing the 90 day period, the court shall omit any period of
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15 | | delay resulting from a continuance granted at the request of |
16 | | the defendant.
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17 | | (g) Rights of the defendant. Any person shall be entitled |
18 | | to appeal any
order entered under this Section denying bail to |
19 | | the defendant.
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20 | | (h) The State may appeal any order entered under this |
21 | | Section denying any
motion for denial of bail.
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22 | | (i) Nothing in this Section shall be construed as |
23 | | modifying or limiting
in any way the defendant's presumption |
24 | | of innocence in further criminal
proceedings.
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25 | | (Source: P.A. 98-558, eff. 1-1-14.)
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1 | | (Text of Section after amendment by P.A. 101-652 )
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2 | | Sec. 110-6.1. Denial of pretrial release.
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3 | | (a) Upon verified petition by the State, the court shall |
4 | | hold a hearing and may deny a defendant pretrial release only |
5 | | if: |
6 | | (1) the defendant is charged with
a forcible felony |
7 | | offense for which a sentence of imprisonment, without |
8 | | probation,
periodic imprisonment or conditional discharge, |
9 | | is required by law upon
conviction, and it is alleged that |
10 | | the defendant's pretrial release poses a specific, real |
11 | | and present threat to any person or the community . ;
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12 | | (2) the defendant is charged with stalking or |
13 | | aggravated stalking and it is alleged that the defendant's |
14 | | pretrial pre-trial release poses a real and present threat |
15 | | to the physical safety of a victim of the alleged offense, |
16 | | and denial of release is necessary to prevent fulfillment |
17 | | of the threat upon which the charge is based; |
18 | | (3) the victim of abuse was a family or household |
19 | | member as defined by paragraph (6) of Section 103 of the |
20 | | Illinois Domestic Violence Act of 1986, and the person |
21 | | charged, at the time of the alleged offense, was subject |
22 | | to the terms of an order of protection issued under |
23 | | Section 112A-14 of this Code, or Section 214 of the |
24 | | Illinois Domestic Violence Act of 1986 or previously was |
25 | | convicted of a violation of an order of protection under |
26 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012 or a violent crime if the victim was |
2 | | a family or household member as defined by paragraph (6) |
3 | | of the Illinois Domestic Violence Act of 1986 at the time |
4 | | of the offense or a violation of a substantially similar |
5 | | municipal ordinance or law of this or any other state or |
6 | | the United States if the victim was a family or household |
7 | | member as defined by paragraph (6) of Section 103 of the |
8 | | Illinois Domestic Violence Act of 1986 at the time of the |
9 | | offense, and it is alleged that the defendant's pretrial |
10 | | pre-trial release poses a real and present threat to the |
11 | | physical safety of any person or persons; |
12 | | (4) the defendant is charged with domestic battery or |
13 | | aggravated domestic battery under Section 12-3.2 or 12-3.3 |
14 | | of the Criminal Code of 2012 and it is alleged that the |
15 | | defendant's pretrial release poses a real and present |
16 | | threat to the physical safety of any person or persons; |
17 | | (5) the defendant is charged with any offense under |
18 | | Article 11 of the Criminal Code of 2012, except for |
19 | | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal |
20 | | Code of 2012, or similar provisions of the Criminal Code |
21 | | of 1961 and it is alleged that the defendant's pretrial |
22 | | release poses a real and present threat to the physical |
23 | | safety of any person or persons; |
24 | | (6) the defendant is charged with any of these |
25 | | violations under the Criminal Code of 2012 and it is |
26 | | alleged that the defendant's pretrial releases poses a |
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1 | | real and present threat to the physical safety of any |
2 | | specifically identifiable person or persons : . |
3 | | (A) Section 24-1.2 (aggravated discharge of a |
4 | | firearm); |
5 | | (B) Section 24-2.5 (aggravated discharge of a |
6 | | machine gun or a firearm equipped with a device |
7 | | designed or use for silencing the report of a |
8 | | firearm); |
9 | | (C) Section 24-1.5 (reckless discharge of a |
10 | | firearm); |
11 | | (D) Section 24-1.7 (armed habitual criminal); |
12 | | (E) Section 24-2.2 2 (manufacture, sale or |
13 | | transfer of bullets or shells represented to be armor |
14 | | piercing bullets, dragon's breath shotgun shells, bolo |
15 | | shells , or flechette shells); |
16 | | (F) Section 24-3 (unlawful sale or delivery of |
17 | | firearms); |
18 | | (G) Section 24-3.3 (unlawful sale or delivery of |
19 | | firearms on the premises of any school); |
20 | | (H) Section 24-34 (unlawful sale of firearms by |
21 | | liquor license); |
22 | | (I) Section 24-3.5 ( { unlawful purchase of a |
23 | | firearm); |
24 | | (J) Section 24-3A (gunrunning); or |
25 | | (K) Section on 24-3B (firearms trafficking); |
26 | | (L) Section 10-9 (b) (involuntary servitude); |
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1 | | (M) Section 10-9 (c) (involuntary sexual servitude |
2 | | of a minor); |
3 | | (N) Section 10-9(d) (trafficking in persons); |
4 | | (O) Non-probationable violations: (i) (unlawful |
5 | | use or possession of weapons by felons or persons in |
6 | | the Custody of the Department of Corrections |
7 | | facilities (Section 24-1.1), (ii) aggravated unlawful |
8 | | use of a weapon (Section 24-1.6 ) , or (iii) aggravated |
9 | | possession of a stolen firearm (Section 24-3.9); |
10 | | (7) the person has a high likelihood of willful flight |
11 | | to avoid prosecution and is charged with: |
12 | | (A) Any felony described in Sections (a)(1) |
13 | | through (a)(5) of this Section; or |
14 | | (B) A felony offense other than a Class 4 offense ; |
15 | | (8) the defendant is charged with a violation of |
16 | | paragraph (6) of subsection (a) of Section 12-6 of the |
17 | | Criminal Code of 2012 (intimidation by a public official) |
18 | | or Section 33-1 of the Criminal Code of 2012 (bribery) . |
19 | | (b) If the charged offense is a felony, the Court shall |
20 | | hold a hearing pursuant to Section 109-3 of this Code to |
21 | | determine whether there is probable cause the defendant has |
22 | | committed an offense, unless a grand jury has returned a true |
23 | | bill of indictment against the defendant. If there is a |
24 | | finding of no probable cause, the defendant shall be released. |
25 | | No such finding is necessary if the defendant is charged with a |
26 | | misdemeanor. |
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1 | | (c) Timing of petition. |
2 | | (1) A petition may be filed without prior notice to |
3 | | the defendant at the
first appearance before a judge, or |
4 | | within the 21 calendar days, except as
provided in Section |
5 | | 110-6, after arrest and release of the defendant upon
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6 | | reasonable notice to defendant; provided that while such |
7 | | petition is
pending before the court, the defendant if |
8 | | previously released shall not be
detained.
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9 | | (2) (2) Upon filing, the court shall immediately hold |
10 | | a hearing on the petition unless a continuance is |
11 | | requested. If a continuance is requested, the hearing |
12 | | shall be held within 48 hours of the defendant's first |
13 | | appearance if the defendant is charged with a Class X, |
14 | | Class 1, Class 2, or Class 3 felony, and within 24 hours if |
15 | | the defendant is charged with a Class 4 or misdemeanor |
16 | | offense. The Court may deny and or grant the request for |
17 | | continuance. If the court decides to grant the |
18 | | continuance, the Court retains the discretion to detain or |
19 | | release the defendant in the time between the filing of |
20 | | the petition and the hearing. |
21 | | (d) Contents of petition. |
22 | | (1) The petition shall be verified by the State and |
23 | | shall state the grounds upon which it contends the |
24 | | defendant should be denied pretrial release, including the |
25 | | identity of the specific person or persons the State |
26 | | believes the defendant poses a danger to. |
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1 | | (2) Only one petition may be filed under this Section. |
2 | | (e) Eligibility: All defendants shall be presumed eligible |
3 | | for pretrial release, and the State shall bear the burden of |
4 | | proving by clear and convincing evidence that:
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5 | | (1) the proof is evident or the presumption great that |
6 | | the defendant has
committed an offense listed in |
7 | | paragraphs (1) through (6) of subsection (a), and
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8 | | (2) the defendant poses a real and present threat to |
9 | | the safety
of a specific, identifiable person or persons, |
10 | | by conduct which may include, but is not limited
to, a |
11 | | forcible felony, the obstruction of justice,
intimidation, |
12 | | injury, or abuse as defined by paragraph (1) of Section |
13 | | 103 of the Illinois Domestic Violence Act of 1986, and
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14 | | (3) no condition or combination of conditions set
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15 | | forth in subsection (b) of Section 110-10 of this Article |
16 | | can mitigate the real and present threat to the safety of |
17 | | any person or persons or the defendant's willful flight.
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18 | | (f) Conduct of the hearings.
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19 | | (1) Prior
to the hearing the State shall tender to the |
20 | | defendant copies of
defendant's criminal history |
21 | | available, any written or
recorded statements, and the |
22 | | substance of any oral statements made by
any person, if |
23 | | relied upon by the State in its petition, and any police
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24 | | reports in the State's Attorney's possession at the time |
25 | | of the hearing
that are required to be disclosed to the |
26 | | defense under Illinois Supreme
Court rules.
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1 | | (2) The State or defendant may present evidence at the |
2 | | hearing by way of proffer based upon reliable
information. |
3 | | (3) The defendant has the right to
be represented by |
4 | | counsel, and if he or she is indigent, to have counsel |
5 | | appointed
for him or her. The defendant shall have the |
6 | | opportunity to testify, to present
witnesses on his or her |
7 | | own behalf, and to cross-examine any witnesses that are
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8 | | called by the State. |
9 | | (4) If the defense seeks to call the complaining |
10 | | witness as a witness in its favor, it shall petition the |
11 | | court for permission. When the ends of justice so require, |
12 | | the court may exercise
its discretion and compel the |
13 | | appearance of a complaining
witness. The court shall state |
14 | | on the record reasons for granting a
defense request to |
15 | | compel the presence of a complaining witness. In making a |
16 | | determination under this Section section , the court shall |
17 | | state on the record the reason for granting a defense |
18 | | request to compel the presence of a complaining witness, |
19 | | and only grant the request if the court finds by clear and |
20 | | convincing evidence that the defendant will be materially |
21 | | prejudiced if the complaining witness does not appear.
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22 | | Cross-examination of a complaining witness at the pretrial |
23 | | detention hearing
for the purpose of impeaching the |
24 | | witness' credibility is insufficient reason
to compel the |
25 | | presence of the witness. In deciding whether to compel the
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26 | | appearance of a complaining witness, the court shall be |
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1 | | considerate of the
emotional and physical well-being of |
2 | | the witness. The pretrial pre-trial detention
hearing is |
3 | | not to be used for purposes of discovery, and the post
|
4 | | arraignment rules of discovery do not apply. |
5 | | (5) The rules concerning the admissibility of evidence |
6 | | in
criminal trials do not apply to the presentation and |
7 | | consideration of
information at the hearing. At the trial |
8 | | concerning the offense for which
the hearing was conducted |
9 | | neither the finding of the court nor any
transcript or |
10 | | other record of the hearing shall be admissible in the
|
11 | | State's case in chief, but shall be admissible for |
12 | | impeachment, or as
provided in Section 115-10.1 of this |
13 | | Code, or in a perjury proceeding.
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14 | | (6) The defendant may not move to suppress evidence or |
15 | | a
confession, however, evidence that proof of the charged |
16 | | crime may have been
the result of an unlawful search or |
17 | | seizure, or both, or through
improper interrogation, is |
18 | | relevant in assessing the weight of the evidence against |
19 | | the defendant. |
20 | | (7) Decisions regarding release, conditions of release |
21 | | and detention prior trial should be individualized, and no |
22 | | single factor or standard should be used exclusively to |
23 | | make a condition or detention decision.
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24 | | (g) Factors to be considered in making a determination of |
25 | | dangerousness.
The court may, in determining whether the |
26 | | defendant poses a specific, imminent threat of serious |
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1 | | physical harm to an identifiable person or persons, consider , |
2 | | but
shall not be limited to , evidence or testimony concerning:
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3 | | (1) The nature and circumstances of any offense |
4 | | charged, including
whether the offense is a crime of |
5 | | violence, involving a weapon, or a sex offense.
|
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.
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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 . ;
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21 | | (4) Any statements made by, or attributed to the |
22 | | defendant, together with
the circumstances surrounding |
23 | | them . ;
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24 | | (5) The age and physical condition of the defendant . ;
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25 | | (6) The age and physical condition of any victim or |
26 | | complaining witness . ; |
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1 | | (7) Whether the defendant is known to possess or have |
2 | | access to any
weapon or weapons . ;
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3 | | (8) Whether, at the time of the current offense or any |
4 | | other offense or
arrest, the defendant was on probation, |
5 | | parole, aftercare release, mandatory supervised
release or |
6 | | other release from custody pending trial, sentencing, |
7 | | appeal or
completion of sentence for an offense under |
8 | | federal or state law . ;
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9 | | (9) Any other factors, including those listed in |
10 | | Section 110-5 of this
Article deemed by the court to have a |
11 | | reasonable bearing upon the
defendant's propensity or |
12 | | reputation for violent, abusive , or assaultive
behavior, |
13 | | or lack of such behavior.
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14 | | (h) Detention order. The court shall, in any order for |
15 | | detention:
|
16 | | (1) briefly summarize the evidence of the defendant's |
17 | | guilt or innocence, and the court's
reasons for concluding |
18 | | that the defendant should be denied pretrial release;
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19 | | (2) direct that the defendant be committed to the |
20 | | custody of the sheriff
for confinement in the county jail |
21 | | pending trial;
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22 | | (3) direct that the defendant be given a reasonable |
23 | | opportunity for
private consultation with counsel, and for |
24 | | communication with others of his
or her choice by |
25 | | visitation, mail and telephone; and
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26 | | (4) direct that the sheriff deliver the defendant as |
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1 | | required for
appearances in connection with court |
2 | | proceedings.
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3 | | (i) Detention. If the court enters an order for the |
4 | | detention of the defendant
pursuant to subsection (e) of this |
5 | | Section, the defendant
shall be brought to trial on the |
6 | | offense for which he is
detained within 90 days after the date |
7 | | on which the order for detention was
entered. If the defendant |
8 | | is not brought to trial within the 90-day 90 day period
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9 | | required by the preceding sentence, he shall not be denied |
10 | | pretrial release. In computing the 90-day 90 day period, the |
11 | | court shall omit any period of
delay resulting from a |
12 | | continuance granted at the request of the defendant.
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13 | | (j) Rights of the defendant. Any person shall be entitled |
14 | | to appeal any
order entered under this Section denying |
15 | | pretrial release to the defendant.
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16 | | (k) Appeal. The State may appeal any order entered under |
17 | | this Section denying any
motion for denial of pretrial |
18 | | release.
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19 | | (l) Presumption of innocence. Nothing in this Section |
20 | | shall be construed as modifying or limiting
in any way the |
21 | | defendant's presumption of innocence in further criminal
|
22 | | proceedings. |
23 | | (m) Victim notice. (1) Crime victims shall be given notice |
24 | | by the State's Attorney's office of this hearing as required |
25 | | in paragraph (1) of subsection (b) of Section 4.5 of the Rights |
26 | | of Crime Victims and Witnesses Act and shall be informed of |
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1 | | their opportunity at this hearing to obtain an order of |
2 | | protection under Article 112A of this Code.
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3 | | (Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)
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4 | | Section 95. No acceleration or delay. Where this Act makes |
5 | | changes in a statute that is represented in this Act by text |
6 | | that is not yet or no longer in effect (for example, a Section |
7 | | represented by multiple versions), the use of that text does |
8 | | not accelerate or delay the taking effect of (i) the changes |
9 | | made by this Act or (ii) provisions derived from any other |
10 | | Public Act. |
11 | | Section 99. Effective date. This Act takes effect January |
12 | | 1, 2023.
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