093_HB3090eng

 
HB3090 Engrossed                     LRB093 08197 LCB 08404 b

 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 Code of Criminal  Procedure  of  1963  is
 5    amended by changing Section 110-6 as follows:

 6        (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
 7        Sec.  110-6.   (a) Upon verified application by the State
 8    or the defendant or on its own motion the court before  which
 9    the  proceeding  is pending may increase or reduce the amount
10    of bail or may alter the conditions of the bail bond or grant
11    bail where it has been previously revoked or denied. If  bail
12    has  been  previously  revoked  pursuant to subsection (f) of
13    this Section or if bail has  been  denied  to  the  defendant
14    pursuant  to  subsection (e) of Section 110-6.1 or subsection
15    (e) of Section 110-6.3, the defendant shall  be  required  to
16    present  a  verified  application setting forth in detail any
17    new facts not known or obtainable at the time of the previous
18    revocation or denial  of  bail  proceedings.   If  the  court
19    grants  bail  where it has been previously revoked or denied,
20    the court shall state on the record of  the  proceedings  the
21    findings of facts and conclusion of law upon which such order
22    is based.
23        (b)  Violation  of  the  conditions  of Section 110-10 of
24    this Code or any special conditions of bail as ordered by the
25    court shall constitute grounds for the court to increase  the
26    amount  of  bail,  or otherwise alter the conditions of bail,
27    or, where the alleged offense committed on bail is a forcible
28    felony in Illinois or a Class 2 or greater offense under  the
29    Controlled  Substances  Act  or  Cannabis Control Act, revoke
30    bail pursuant to the appropriate provisions of subsection (e)
31    of this section.
 
HB3090 Engrossed            -2-      LRB093 08197 LCB 08404 b
 1        (c)  Reasonable  notice  of  such  application   by   the
 2    defendant 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
 7    or  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
15    a  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
19    violation  of  Section 110-10 (a) (4) of this Code, the court
20    shall without prior notice to the defendant, grant  leave  to
21    file  such  application  and  shall order the transfer of the
22    defendant and the application without  unnecessary  delay  to
23    the  court before which the previous felony matter is pending
24    for  a  hearing  as  provided  in  subsection  (b)  or   this
25    subsection  of  this  Section.   The  defendant shall be held
26    without bond pending transfer to and a  hearing  before  such
27    court.  At the conclusion of the hearing based on a violation
28    of  the  conditions  of  Section  110-10  of this Code or any
29    special conditions of bail as ordered by the court the  court
30    may enter an order increasing the amount of bail or alter the
31    conditions of bail as deemed appropriate.
32        (f)  Where   the   alleged   violation  consists  of  the
33    violation of one or more felony statutes of any  jurisdiction
34    which  would be a forcible felony in Illinois or a Class 2 or
 
HB3090 Engrossed            -3-      LRB093 08197 LCB 08404 b
 1    greater offense under the Illinois Controlled Substances  Act
 2    or  Cannabis Control Act and the defendant is on bail for the
 3    alleged commission of a felony, or where the defendant is  on
 4    bail  for  a  felony  domestic  battery (enhanced pursuant to
 5    subsection (b) of Section 12-3.2  of  the  Criminal  Code  of
 6    1961),   aggravated  domestic  battery,  aggravated  battery,
 7    unlawful restraint, aggravated unlawful restraint or domestic
 8    battery in violation of item (1) of subsection (a) of Section
 9    12-3.2 of the Criminal Code  of  1961  against  a  family  or
10    household  member  as  defined in Section 112A-3 of this Code
11    and the violation is an offense of domestic  battery  against
12    the  same  victim the court shall, on the motion of the State
13    or its  own  motion,  revoke  bail  in  accordance  with  the
14    following provisions:
15             (1)  The court shall hold the defendant without bail
16        pending  the  hearing  on the alleged breach; however, if
17        the defendant is not admitted to bail the  hearing  shall
18        be  commenced  within 10 days from the date the defendant
19        is taken into custody or the defendant may  not  be  held
20        any  longer  without  bail, unless delay is occasioned by
21        the defendant.  Where defendant occasions the delay,  the
22        running of the 10 day period is temporarily suspended and
23        resumes at the termination of the period of delay.  Where
24        defendant  occasions  the  delay  with  5  or  fewer days
25        remaining  in the 10 day period, the court  may  grant  a
26        period  of  up to 5 additional days to the State for good
27        cause shown.  The State, however, shall retain the  right
28        to  proceed  to  hearing  on the alleged violation at any
29        time, upon reasonable notice to  the  defendant  and  the
30        court.
31             (2)  At a hearing on the alleged violation the State
32        has the burden of going forward and proving the violation
33        by  clear and convincing evidence.  The evidence shall be
34        presented in open court with the opportunity to  testify,
 
HB3090 Engrossed            -4-      LRB093 08197 LCB 08404 b
 1        to  present witnesses in his behalf, and to cross-examine
 2        witnesses  if  any  are  called   by   the   State,   and
 3        representation   by  counsel  and  if  the  defendant  is
 4        indigent to have counsel appointed for him. The rules  of
 5        evidence  applicable  in  criminal  trials  in this State
 6        shall not govern the admissibility of  evidence  at  such
 7        hearing. Information used by the court in its findings or
 8        stated  in  or  offered  in  connection with hearings for
 9        increase or revocation of bail may be by way  of  proffer
10        based  upon  reliable information offered by the State or
11        defendant.  All evidence shall be  admissible  if  it  is
12        relevant  and  reliable regardless of whether it would be
13        admissible under the  rules  of  evidence  applicable  at
14        criminal  trials.   A motion by the defendant to suppress
15        evidence  or  to  suppress  a  confession  shall  not  be
16        entertained at such a hearing.  Evidence that  proof  may
17        have  been obtained as a result of an unlawful search and
18        seizure or through improper interrogation is not relevant
19        to this hearing.
20             (3)  Upon a finding by the court that the State  has
21        established  by  clear  and  convincing evidence that the
22        defendant has committed a forcible felony or a Class 2 or
23        greater offense under the Controlled  Substances  Act  or
24        Cannabis Control Act while admitted to bail, or where the
25        defendant  is  on  bail  for  a  felony  domestic battery
26        (enhanced pursuant to subsection (b) of Section 12-3.2 of
27        the Criminal Code of 1961), aggravated domestic  battery,
28        aggravated   battery,   unlawful   restraint,  aggravated
29        unlawful restraint or domestic battery  in  violation  of
30        item  (1)  of  subsection  (a)  of  Section 12-3.2 of the
31        Criminal Code of  1961  against  a  family  or  household
32        member  as defined in Section 112A-3 of this Code and the
33        violation is an offense of domestic battery, against  the
34        same  victim,  the  court  shall  revoke  the bail of the
 
HB3090 Engrossed            -5-      LRB093 08197 LCB 08404 b
 1        defendant and hold the defendant for trial without  bail.
 2        Neither  the  finding  of the court nor any transcript or
 3        other record of the hearing shall be  admissible  in  the
 4        State's  case  in  chief,  but  shall  be  admissible for
 5        impeachment, or as provided in Section 115-10.1  of  this
 6        Code or in a perjury proceeding.
 7             (4)  If   the  bail  of  any  defendant  is  revoked
 8        pursuant to  paragraph  (f)  (3)  of  this  Section,  the
 9        defendant  may demand and shall be entitled to be brought
10        to trial on the offense with  respect  to  which  he  was
11        formerly  released  on bail within 90 days after the date
12        on which his bail was revoked.  If the defendant  is  not
13        brought to trial within the 90 day period required by the
14        preceding  sentence,  he shall not be held longer without
15        bail.  In computing the 90 day period,  the  court  shall
16        omit  any  period  of  delay resulting from a continuance
17        granted at the request of the defendant.
18             (5)  If  the  defendant  either  is  arrested  on  a
19        warrant issued pursuant to this Code or is  arrested  for
20        an  unrelated  offense  and it is subsequently discovered
21        that the defendant is a subject  of  another  warrant  or
22        warrants  issued  pursuant  to  this  Code, the defendant
23        shall be transferred promptly to the court  which  issued
24        such   warrant.    If,  however,  the  defendant  appears
25        initially before a  court  other  than  the  court  which
26        issued  such  warrant,  the  non-issuing  court shall not
27        alter the amount of bail heretofore set on  such  warrant
28        unless  the court sets forth on the record of proceedings
29        the conclusions of law and facts which are the basis  for
30        such  altering  of another court's bond.  The non-issuing
31        court shall not  alter  another  courts  bail  set  on  a
32        warrant unless the interests of justice and public safety
33        are served by such action.
34        (g)  The  State  may appeal any order where the court has
 
HB3090 Engrossed            -6-      LRB093 08197 LCB 08404 b
 1    increased or reduced  the  amount  of  bail  or  altered  the
 2    conditions  of  the  bail  bond  or granted bail where it has
 3    previously been revoked.
 4    (Source: P.A. 86-984; 87-870; 87-871.)