Full Text of HB5710 98th General Assembly
HB5710ham001 98TH GENERAL ASSEMBLY | Rep. Emily McAsey Filed: 4/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5710
| 2 | | AMENDMENT NO. ______. Amend House Bill 5710 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 110-5 and 110-10 and by adding | 6 | | Section 112A-32 as follows:
| 7 | | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| 8 | | Sec. 110-5. Determining the amount of bail and conditions | 9 | | of release.
| 10 | | (a) In determining the amount of monetary bail or | 11 | | conditions of release, if
any,
which will reasonably assure the | 12 | | appearance of a defendant as required or
the safety of any | 13 | | other person or the community and the likelihood of
compliance | 14 | | by the
defendant with all the conditions of bail, the court | 15 | | shall, on the
basis of available information, take into account | 16 | | such matters as the
nature and circumstances of the offense |
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| 1 | | charged, whether the evidence
shows that as part of the offense | 2 | | there was a use of violence or threatened
use of violence, | 3 | | whether the offense involved corruption of public
officials or | 4 | | employees, whether there was physical harm or threats of | 5 | | physical
harm to any
public official, public employee, judge, | 6 | | prosecutor, juror or witness,
senior citizen, child or | 7 | | handicapped person, whether evidence shows that
during the | 8 | | offense or during the arrest the defendant possessed or used a
| 9 | | firearm, machine gun, explosive or metal piercing ammunition or | 10 | | explosive
bomb device or any military or paramilitary armament,
| 11 | | whether the evidence
shows that the offense committed was | 12 | | related to or in furtherance of the
criminal activities of an | 13 | | organized gang or was motivated by the defendant's
membership | 14 | | in or allegiance to an organized gang,
the condition of the
| 15 | | victim, any written statement submitted by the victim or | 16 | | proffer or
representation by the State regarding the
impact | 17 | | which the alleged criminal conduct has had on the victim and | 18 | | the
victim's concern, if any, with further contact with the | 19 | | defendant if
released on bail, whether the offense was based on | 20 | | racial, religious,
sexual orientation or ethnic hatred,
the | 21 | | likelihood of the filing of a greater charge, the likelihood of
| 22 | | conviction, the sentence applicable upon conviction, the | 23 | | weight of the evidence
against such defendant, whether there | 24 | | exists motivation or ability to
flee, whether there is any | 25 | | verification as to prior residence, education,
or family ties | 26 | | in the local jurisdiction, in another county,
state or foreign |
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| 1 | | country, the defendant's employment, financial resources,
| 2 | | character and mental condition, past conduct, prior use of | 3 | | alias names or
dates of birth, and length of residence in the | 4 | | community,
the consent of the defendant to periodic drug | 5 | | testing in accordance with
Section 110-6.5,
whether a foreign | 6 | | national defendant is lawfully admitted in the United
States of | 7 | | America, whether the government of the foreign national
| 8 | | maintains an extradition treaty with the United States by which | 9 | | the foreign
government will extradite to the United States its | 10 | | national for a trial for
a crime allegedly committed in the | 11 | | United States, whether the defendant is
currently subject to | 12 | | deportation or exclusion under the immigration laws of
the | 13 | | United States, whether the defendant, although a United States | 14 | | citizen,
is considered under the law of any foreign state a | 15 | | national of that state
for the purposes of extradition or | 16 | | non-extradition to the United States,
the amount of unrecovered | 17 | | proceeds lost as a result of
the alleged offense, the
source of | 18 | | bail funds tendered or sought to be tendered for bail,
whether | 19 | | from the totality of the court's consideration,
the loss of | 20 | | funds posted or sought to be posted for bail will not deter the
| 21 | | defendant from flight, whether the evidence shows that the | 22 | | defendant is
engaged in significant
possession, manufacture, | 23 | | or delivery of a controlled substance or cannabis,
either | 24 | | individually or in consort with others,
whether at the time of | 25 | | the offense
charged he or she was on bond or pre-trial release | 26 | | pending trial, probation,
periodic imprisonment or conditional |
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| 1 | | discharge pursuant to this Code or the
comparable Code of any | 2 | | other state or federal jurisdiction, whether the
defendant is | 3 | | on bond or
pre-trial release pending the imposition or | 4 | | execution of sentence or appeal of
sentence for any offense | 5 | | under the laws of Illinois or any other state or
federal | 6 | | jurisdiction, whether the defendant is under parole, aftercare | 7 | | release, mandatory
supervised release, or
work release from the | 8 | | Illinois Department of Corrections or Illinois Department of | 9 | | Juvenile Justice or any penal
institution or corrections | 10 | | department of any state or federal
jurisdiction, the | 11 | | defendant's record of convictions, whether the defendant has | 12 | | been
convicted of a misdemeanor or ordinance offense in | 13 | | Illinois or similar
offense in other state or federal | 14 | | jurisdiction within the 10 years
preceding the current charge | 15 | | or convicted of a felony in Illinois, whether
the defendant was | 16 | | convicted of an offense in another state or federal
| 17 | | jurisdiction that would
be a felony if committed in Illinois | 18 | | within the 20 years preceding the
current charge or has been | 19 | | convicted of such felony and released from the
penitentiary | 20 | | within 20 years preceding the current charge if a
penitentiary | 21 | | sentence was imposed in Illinois or other state or federal
| 22 | | jurisdiction, the defendant's records of juvenile adjudication | 23 | | of delinquency in any
jurisdiction, any record of appearance or | 24 | | failure to appear by
the defendant at
court proceedings, | 25 | | whether there was flight to avoid arrest or
prosecution, | 26 | | whether the defendant escaped or
attempted to escape to avoid |
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| 1 | | arrest, whether the defendant refused to
identify himself or | 2 | | herself, or whether there was a refusal by the defendant to be
| 3 | | fingerprinted as required by law. Information used by the court | 4 | | in its
findings or stated in or
offered in connection with this | 5 | | Section may be by way of proffer based upon
reliable | 6 | | information offered by the State or defendant.
All evidence | 7 | | shall be admissible if it is relevant and
reliable regardless | 8 | | of whether it would be admissible under the rules of
evidence | 9 | | applicable at criminal trials.
If the State presents evidence | 10 | | that the offense committed by the defendant
was related to or | 11 | | in furtherance of the criminal activities of an organized
gang | 12 | | or was motivated by the defendant's membership in or allegiance | 13 | | to an
organized gang, and if the court determines that the | 14 | | evidence may be
substantiated, the court shall prohibit the | 15 | | defendant from associating with
other members of the organized | 16 | | gang as a condition of bail or release.
For the purposes of | 17 | | this Section,
"organized gang" has the meaning ascribed to it | 18 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 19 | | Prevention Act.
| 20 | | (b) The amount of bail shall be:
| 21 | | (1) Sufficient to assure compliance with the | 22 | | conditions set forth in the
bail bond, which shall include | 23 | | the defendant's current address with a written
| 24 | | admonishment to the defendant that he or she must comply | 25 | | with the provisions of
Section 110-12 regarding any change | 26 | | in his or her address. The defendant's
address shall at all |
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| 1 | | times remain a matter of public record with the clerk
of | 2 | | the court.
| 3 | | (2) Not oppressive.
| 4 | | (3) Considerate of the financial ability of the | 5 | | accused.
| 6 | | (4) When a person is charged with a drug related | 7 | | offense involving
possession or delivery of cannabis or | 8 | | possession or delivery of a
controlled substance as defined | 9 | | in the Cannabis Control Act,
the Illinois Controlled | 10 | | Substances Act, or the Methamphetamine Control and | 11 | | Community Protection Act, the full street value
of the | 12 | | drugs seized shall be considered. "Street value" shall be
| 13 | | determined by the court on the basis of a proffer by the | 14 | | State based upon
reliable information of a law enforcement | 15 | | official contained in a written
report as to the amount | 16 | | seized and such proffer may be used by the court as
to the | 17 | | current street value of the smallest unit of the drug | 18 | | seized.
| 19 | | (b-5) Upon the filing of a written request demonstrating | 20 | | reasonable cause, the State's Attorney may request a source of | 21 | | bail hearing either before or after the posting of any funds.
| 22 | | If the hearing is granted, before the posting of any bail, the | 23 | | accused must file a written notice requesting that the court | 24 | | conduct a source of bail hearing. The notice must be | 25 | | accompanied by justifying affidavits stating the legitimate | 26 | | and lawful source of funds for bail. At the hearing, the court |
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| 1 | | shall inquire into any matters stated in any justifying | 2 | | affidavits, and may also inquire into matters appropriate to | 3 | | the determination which shall include, but are not limited to, | 4 | | the following: | 5 | | (1) the background, character, reputation, and | 6 | | relationship to the accused of any surety; and | 7 | | (2) the source of any money or property deposited by | 8 | | any surety, and whether any such money or property | 9 | | constitutes the fruits of criminal or unlawful conduct; and | 10 | | (3) the source of any money posted as cash bail, and | 11 | | whether any such money constitutes the fruits of criminal | 12 | | or unlawful conduct; and | 13 | | (4) the background, character, reputation, and | 14 | | relationship to the accused of the person posting cash | 15 | | bail. | 16 | | Upon setting the hearing, the court shall examine, under | 17 | | oath, any persons who may possess material information. | 18 | | The State's Attorney has a right to attend the hearing, to | 19 | | call witnesses and to examine any witness in the proceeding. | 20 | | The court shall, upon request of the State's Attorney, continue | 21 | | the proceedings for a reasonable period to allow the State's | 22 | | Attorney to investigate the matter raised in any testimony or | 23 | | affidavit.
If the hearing is granted after the accused has | 24 | | posted bail, the court shall conduct a hearing consistent with | 25 | | this subsection (b-5). At the conclusion of the hearing, the | 26 | | court must issue an order either approving of disapproving the |
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| 1 | | bail.
| 2 | | (c) When a person is charged with an offense punishable by | 3 | | fine only the
amount of the bail shall not exceed double the | 4 | | amount of the maximum penalty.
| 5 | | (d) When a person has been convicted of an offense and only | 6 | | a fine has
been imposed the amount of the bail shall not exceed | 7 | | double the amount of
the fine.
| 8 | | (e) The State may appeal any order granting bail or setting
| 9 | | a given amount for bail. | 10 | | (f) When a person is charged with a violation of an order | 11 | | of protection under Section 12-3.4 or 12-30 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, | 13 | | (1) whether the alleged incident involved harassment | 14 | | or abuse, as defined in the Illinois Domestic Violence Act | 15 | | of 1986; | 16 | | (2) whether the person has a history of domestic | 17 | | violence, as defined in the Illinois Domestic Violence Act, | 18 | | or a history of other criminal acts; | 19 | | (3) based on the mental health of the person; | 20 | | (4) whether the person has a history of violating the | 21 | | orders of any court or governmental entity; | 22 | | (5) whether the person has been, or is, potentially a | 23 | | threat to any other person; | 24 | | (6) whether the person has access to deadly weapons or | 25 | | a history of using deadly weapons; | 26 | | (7) whether the person has a history of abusing alcohol |
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| 1 | | or any controlled substance; | 2 | | (8) based on the severity of the alleged incident that | 3 | | is the basis of the alleged offense, including, but not | 4 | | limited to, the duration of the current incident, and | 5 | | whether the alleged incident involved physical injury, | 6 | | sexual assault, strangulation, abuse during the alleged | 7 | | victim's pregnancy, abuse of pets, or forcible entry to | 8 | | gain access to the alleged victim; | 9 | | (9) whether a separation of the person from the alleged | 10 | | victim or a termination of the relationship between the | 11 | | person and the alleged victim has recently occurred or is | 12 | | pending; | 13 | | (10) whether the person has exhibited obsessive or | 14 | | controlling behaviors toward the alleged victim, | 15 | | including, but not limited to, stalking, surveillance, or | 16 | | isolation of the alleged victim or victim's family member | 17 | | or members; | 18 | | (11) whether the person has expressed suicidal or | 19 | | homicidal ideations; | 20 | | (12) based on any information contained in the | 21 | | complaint and any police reports, affidavits, or other | 22 | | documents accompanying the complaint, | 23 | | the court may, in its discretion, order the respondent to | 24 | | undergo a risk assessment evaluation conducted by an Illinois | 25 | | Department of Human Services approved partner abuse | 26 | | intervention program provider, pretrial service, probation, or |
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| 1 | | parole agency. These agencies shall have access to summaries of | 2 | | the defendant's criminal history, which shall not include | 3 | | victim interviews or information, for the risk evaluation , | 4 | | except that a pretrial service agency or probation department | 5 | | shall have access to victim interviews conducted by law | 6 | | enforcement agencies and access for a direct interview of the | 7 | | victim for the purpose of determining bail. A probation officer | 8 | | shall not have access to any confidential communications | 9 | | protected under Section 227 of the Illinois Domestic Violence | 10 | | Act of 1986. Prior to any direct interview of a victim by a | 11 | | probation department or pre-trial service agency, a victim must | 12 | | be informed of his or her right to decline the interview by the | 13 | | official who is to conduct the interview. Communications | 14 | | between a domestic violence victim and the probation department | 15 | | or pre-trial service agency are protected under Section 8-802.4 | 16 | | of the Code of Civil Procedure . Based on the information | 17 | | collected from the 12 points to be considered at a bail hearing | 18 | | for a violation of an order of protection, the results of any | 19 | | risk evaluation conducted and the other circumstances of the | 20 | | violation, the court may order that the person, as a condition | 21 | | of bail, be placed under electronic surveillance as provided in | 22 | | Section 5-8A-7 of the Unified Code of Corrections.
| 23 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
| 24 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| 25 | | Sec. 110-10. Conditions of bail bond.
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| 1 | | (a) If a person is released prior to conviction, either | 2 | | upon payment of
bail security or on his or her own | 3 | | recognizance, the conditions of the bail
bond shall be that he | 4 | | or she will:
| 5 | | (1) Appear to answer the charge in the court having | 6 | | jurisdiction on
a day certain and thereafter as ordered by | 7 | | the court until discharged or
final order of the court;
| 8 | | (2) Submit himself or herself to the orders and process | 9 | | of the court;
| 10 | | (3) Not depart this State without leave of the court;
| 11 | | (4) Not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (5) At a time and place designated by the court, | 14 | | surrender all firearms
in his or her possession to a law | 15 | | enforcement officer designated by the court
to take custody | 16 | | of and impound the firearms
and physically
surrender his or | 17 | | her Firearm Owner's Identification Card to the clerk of the
| 18 | | circuit court
when the offense the person has
been charged | 19 | | with is a forcible felony, stalking, aggravated stalking, | 20 | | domestic
battery, any violation of the Illinois Controlled | 21 | | Substances Act, the Methamphetamine Control and Community | 22 | | Protection Act, or the
Cannabis Control Act that is | 23 | | classified as a Class 2 or greater felony, or any
felony | 24 | | violation of Article 24 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012; the court
may,
however, forgo the | 26 | | imposition of this condition when the
circumstances of the
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| 1 | | case clearly do not warrant it or when its imposition would | 2 | | be
impractical;
if the Firearm Owner's Identification Card | 3 | | is confiscated, the clerk of the circuit court shall mail | 4 | | the confiscated card to the Illinois State Police; all | 5 | | legally possessed firearms shall be returned to the person | 6 | | upon
the charges being dismissed, or if the person is found | 7 | | not guilty, unless the
finding of not guilty is by reason | 8 | | of insanity; and
| 9 | | (6) At a time and place designated by the court, submit | 10 | | to a
psychological
evaluation when the person has been | 11 | | charged with a violation of item (4) of
subsection
(a) of | 12 | | Section 24-1 of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012 and that violation occurred in
a school
or in | 14 | | any conveyance owned, leased, or contracted by a school to | 15 | | transport
students to or
from school or a school-related | 16 | | activity, or on any public way within 1,000
feet of real
| 17 | | property comprising any school.
| 18 | | Psychological evaluations ordered pursuant to this Section | 19 | | shall be completed
promptly
and made available to the State, | 20 | | the defendant, and the court. As a further
condition of bail | 21 | | under
these circumstances, the court shall order the defendant | 22 | | to refrain from
entering upon the
property of the school, | 23 | | including any conveyance owned, leased, or contracted
by a | 24 | | school to
transport students to or from school or a | 25 | | school-related activity, or on any public way within
1,000 feet | 26 | | of real property comprising any school. Upon receipt of the |
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| 1 | | psychological evaluation,
either the State or the defendant may | 2 | | request a change in the conditions of bail, pursuant to
Section | 3 | | 110-6 of this Code. The court may change the conditions of bail | 4 | | to include a
requirement that the defendant follow the | 5 | | recommendations of the psychological evaluation,
including | 6 | | undergoing psychiatric treatment. The conclusions of the
| 7 | | psychological evaluation and
any statements elicited from the | 8 | | defendant during its administration are not
admissible as | 9 | | evidence
of guilt during the course of any trial on the charged | 10 | | offense, unless the
defendant places his or her
mental | 11 | | competency in issue.
| 12 | | (b) The court may impose other conditions, such as the | 13 | | following, if the
court finds that such conditions are | 14 | | reasonably necessary to assure the
defendant's appearance in | 15 | | court, protect the public from the defendant, or
prevent the | 16 | | defendant's unlawful interference with the orderly | 17 | | administration
of justice:
| 18 | | (1) Report to or appear in person before such person or | 19 | | agency as the
court may direct;
| 20 | | (2) Refrain from possessing a firearm or other | 21 | | dangerous weapon;
| 22 | | (3) Refrain from approaching or communicating with | 23 | | particular persons or
classes of persons;
| 24 | | (4) Refrain from going to certain described | 25 | | geographical areas or
premises;
| 26 | | (5) Refrain from engaging in certain activities or |
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| 1 | | indulging in
intoxicating liquors or in certain drugs;
| 2 | | (6) Undergo treatment for drug addiction or | 3 | | alcoholism;
| 4 | | (7) Undergo medical or psychiatric treatment;
| 5 | | (8) Work or pursue a course of study or vocational | 6 | | training;
| 7 | | (9) Attend or reside in a facility designated by the | 8 | | court;
| 9 | | (10) Support his or her dependents;
| 10 | | (11) If a minor resides with his or her parents or in a | 11 | | foster home,
attend school, attend a non-residential | 12 | | program for youths, and contribute
to his or her own | 13 | | support at home or in a foster home;
| 14 | | (12) Observe any curfew ordered by the court;
| 15 | | (13) Remain in the custody of such designated person or | 16 | | organization
agreeing to supervise his release. Such third | 17 | | party custodian shall be
responsible for notifying the | 18 | | court if the defendant fails to observe the
conditions of | 19 | | release which the custodian has agreed to monitor, and | 20 | | shall
be subject to contempt of court for failure so to | 21 | | notify the court;
| 22 | | (14) Be placed under direct supervision of the Pretrial | 23 | | Services
Agency, Probation Department or Court Services | 24 | | Department in a pretrial
bond home supervision capacity | 25 | | with or without the use of an approved
electronic | 26 | | monitoring device subject to Article 8A of Chapter V of the
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| 1 | | Unified Code of Corrections;
| 2 | | (14.1) The court shall impose upon a defendant who is | 3 | | charged with any
alcohol, cannabis, methamphetamine, or | 4 | | controlled substance violation and is placed under
direct | 5 | | supervision of the Pretrial Services Agency, Probation | 6 | | Department or
Court Services Department in a pretrial bond | 7 | | home supervision capacity with
the use of an approved | 8 | | monitoring device, as a condition of such bail bond,
a fee | 9 | | that represents costs incidental to the electronic | 10 | | monitoring for each
day of such bail supervision ordered by | 11 | | the
court, unless after determining the inability of the | 12 | | defendant to pay the
fee, the court assesses a lesser fee | 13 | | or no fee as the case may be. The fee
shall be collected by | 14 | | the clerk of the circuit court. The clerk of the
circuit | 15 | | court shall pay all monies collected from this fee to the | 16 | | county
treasurer for deposit in the substance abuse | 17 | | services fund under Section
5-1086.1 of the Counties Code;
| 18 | | (14.2) The court shall impose upon all defendants, | 19 | | including those
defendants subject to paragraph (14.1) | 20 | | above, placed under direct supervision
of the Pretrial | 21 | | Services Agency, Probation Department or Court Services
| 22 | | Department in a pretrial bond home supervision capacity | 23 | | with the use of an
approved monitoring device, as a | 24 | | condition of such bail bond, a fee
which shall represent | 25 | | costs incidental to such
electronic monitoring for each day | 26 | | of such bail supervision ordered by the
court, unless after |
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| 1 | | determining the inability of the defendant to pay the fee,
| 2 | | the court assesses a lesser fee or no fee as the case may | 3 | | be. The fee shall be
collected by the clerk of the circuit | 4 | | court. The clerk of the circuit court
shall pay all monies | 5 | | collected from this fee to the county treasurer who shall
| 6 | | use the monies collected to defray the costs of | 7 | | corrections. The county
treasurer shall deposit the fee | 8 | | collected in the county working cash fund under
Section | 9 | | 6-27001 or Section 6-29002 of the Counties Code, as the | 10 | | case may
be;
| 11 | | (14.3) The Chief Judge of the Judicial Circuit may | 12 | | establish reasonable
fees to be paid by a person receiving | 13 | | pretrial services while under supervision
of a pretrial | 14 | | services agency, probation department, or court services
| 15 | | department. Reasonable fees may be charged for pretrial | 16 | | services
including, but not limited to, pretrial | 17 | | supervision, diversion programs,
electronic monitoring, | 18 | | victim impact services, drug and alcohol testing, DNA | 19 | | testing, GPS electronic monitoring, assessments and | 20 | | evaluations related to domestic violence and other | 21 | | victims, and
victim mediation services. The person | 22 | | receiving pretrial services may be
ordered to pay all costs | 23 | | incidental to pretrial services in accordance with his
or | 24 | | her ability to pay those costs;
| 25 | | (14.4) For persons charged with violating Section | 26 | | 11-501 of the Illinois
Vehicle Code, refrain from operating |
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| 1 | | a motor vehicle not equipped with an
ignition interlock | 2 | | device, as defined in Section 1-129.1 of the Illinois
| 3 | | Vehicle Code,
pursuant to the rules promulgated by the | 4 | | Secretary of State for the
installation of ignition
| 5 | | interlock devices. Under this condition the court may allow | 6 | | a defendant who is
not
self-employed to operate a vehicle | 7 | | owned by the defendant's employer that is
not equipped with | 8 | | an ignition interlock device in the course and scope of the
| 9 | | defendant's employment;
| 10 | | (15) Comply with the terms and conditions of an order | 11 | | of protection
issued by the court under the Illinois | 12 | | Domestic Violence Act of 1986 or an
order of protection | 13 | | issued by the court of another state, tribe, or United
| 14 | | States territory;
| 15 | | (16) Under Section 110-6.5 comply with the conditions | 16 | | of the drug testing
program; and
| 17 | | (17) Such other reasonable conditions as the court may | 18 | | impose.
| 19 | | (c) When a person is charged with an offense under Section | 20 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 21 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, involving a victim who is a
minor under | 23 | | 18 years of age living in the same household with the defendant
| 24 | | at the time of the offense, in granting bail or releasing the | 25 | | defendant on
his own recognizance, the judge shall impose | 26 | | conditions to restrict the
defendant's access to the victim |
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| 1 | | which may include, but are not limited to
conditions that he | 2 | | will:
| 3 | | 1. Vacate the Household.
| 4 | | 2. Make payment of temporary support to his dependents.
| 5 | | 3. Refrain from contact or communication with the child | 6 | | victim, except
as ordered by the court.
| 7 | | (d) When a person is charged with a criminal offense and | 8 | | the victim is
a family or household member as defined in | 9 | | Article 112A, conditions shall
be imposed at the time of the | 10 | | defendant's release on bond that restrict the
defendant's | 11 | | access to the victim.
Unless provided otherwise by the court, | 12 | | the
restrictions shall include
requirements that the defendant | 13 | | do the following:
| 14 | | (1) refrain from contact or communication with the | 15 | | victim for a
minimum period of 72 hours following the | 16 | | defendant's release; and
| 17 | | (2) refrain from entering or remaining at the victim's | 18 | | residence for a
minimum period of 72 hours following the | 19 | | defendant's release.
| 20 | | If the court determines there is a continuing danger to any | 21 | | victim and that the 72-hour period of either no contact with a | 22 | | victim or entering the victim's residence, as provided in this | 23 | | subsection (d) would not be sufficient, then the court shall | 24 | | add a second consecutive 72-hour period of no contact and a | 25 | | prohibition on the defendant from entering the victim's | 26 | | residence. |
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| 1 | | (e) Local law enforcement agencies shall develop | 2 | | standardized bond forms
for use in cases involving family or | 3 | | household members as defined in
Article 112A, including | 4 | | specific conditions of bond as provided in
subsection (d). | 5 | | Failure of any law enforcement department to develop or use
| 6 | | those forms shall in no way limit the applicability and | 7 | | enforcement of
subsections (d) and (f).
| 8 | | (f) If the defendant is admitted to bail after conviction | 9 | | the
conditions of the bail bond shall be that he will, in | 10 | | addition to the
conditions set forth in subsections (a) and (b) | 11 | | hereof:
| 12 | | (1) Duly prosecute his appeal;
| 13 | | (2) Appear at such time and place as the court may | 14 | | direct;
| 15 | | (3) Not depart this State without leave of the court;
| 16 | | (4) Comply with such other reasonable conditions as the | 17 | | court may
impose; and
| 18 | | (5) If the judgment is affirmed or the cause reversed | 19 | | and remanded
for a new trial, forthwith surrender to the | 20 | | officer from whose custody
he was bailed.
| 21 | | (g) Upon a finding of guilty for any felony offense, the | 22 | | defendant shall
physically surrender, at a time and place | 23 | | designated by the court,
any and all firearms in his or her | 24 | | possession and his or her Firearm Owner's
Identification Card | 25 | | as a condition of remaining on bond pending sentencing.
| 26 | | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; |
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| 1 | | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | 2 | | 1-25-13.)
| 3 | | (725 ILCS 5/112A-32 new) | 4 | | Sec. 112A-32. Confidentiality of statements to probation | 5 | | officers. | 6 | | (a) Section 8-802.4 of the Code of Civil Procedure shall | 7 | | apply to all proceedings under this Article. | 8 | | (b) No probation officer shall disclose any confidential | 9 | | communication or be examined as a witness in any civil, | 10 | | criminal, or administrative proceeding as to any confidential | 11 | | communication without the written consent of the domestic | 12 | | violence victim or a representative of the victim as provided | 13 | | in subsection (d) of Section 8-802.4 of the Code of Civil | 14 | | Procedure, except to the extent the probation officer | 15 | | reasonably believes necessary to prevent reasonably certain | 16 | | death or substantial bodily harm. A probation officer may not | 17 | | disclose, affirm, or deny whether any confidential | 18 | | communication occurred or the existence of any interview, | 19 | | written assessment, work papers, or notes, in any proceeding to | 20 | | determine the conditions of bail in conjunction with a risk | 21 | | assessment evaluation conducted under subsection (f) of | 22 | | Section 110-5 of this Code. | 23 | | Section 10. The Pretrial Services Act is amended by | 24 | | changing Section 31 as follows:
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| 1 | | (725 ILCS 185/31) (from Ch. 38, par. 331)
| 2 | | Sec. 31.
(a) Information and records maintained by the | 3 | | pretrial services
agency which have not been disclosed in open | 4 | | court during a court
proceeding shall not be released by the | 5 | | pretrial services agency to any
individual or organization, | 6 | | other than any employee of a Probation and
Court Service | 7 | | Department, without the express permission of the interviewed
| 8 | | or supervised person at or near the time the information is to | 9 | | be released , except as provided in subsection (b) of this | 10 | | Section .
An individual shall have access to all information and | 11 | | records about
himself or herself maintained by or collected by | 12 | | the pretrial services agency.
The principle of
confidentiality | 13 | | shall not bar a pretrial services agency from making its data
| 14 | | available for research purposes to qualified personnel, | 15 | | provided that no
records or other information shall be made | 16 | | available in which individuals
interviewed or supervised are | 17 | | identified or from which their identities are
ascertainable.
| 18 | | (b) A probation officer shall not disclose any confidential | 19 | | communication nor be examined as a witness in any civil, | 20 | | criminal, or administrative proceeding as to any confidential | 21 | | communication without the written consent of the domestic | 22 | | violence victim or a representative of the victim as provided | 23 | | in subsection (d) of Section 8-802.4 of the Code of Civil | 24 | | Procedure, except to the extent the probation officer | 25 | | reasonably believes necessary to prevent reasonably certain |
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| 1 | | death or substantial bodily harm. A probation officer may not | 2 | | disclose, affirm, or deny whether any confidential | 3 | | communication occurred or the existence of any interview, | 4 | | written assessment, work papers, or notes, in any proceeding to | 5 | | determine the conditions of bail in conjunction with a risk | 6 | | assessment evaluation conducted under subsection (f) of | 7 | | Section 110-5 of the Code of Criminal Procedure of 1963. | 8 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 9 | | Section 15. The Probation and Probation Officers Act is | 10 | | amended by adding Section 15.2 as follows: | 11 | | (730 ILCS 110/15.2 new) | 12 | | Sec. 15.2. Protection of domestic violence victims. | 13 | | (a) The General Assembly finds that responses to offenses | 14 | | of domestic violence and violations of domestic orders of | 15 | | protection require careful attention to the safety of the | 16 | | victim and all dependent family members, and that sufficient | 17 | | protections to those victims are required to ensure the public | 18 | | safety of the victims and the community. | 19 | | (b) The Probation Division of the Administrative Office of | 20 | | the Illinois Courts shall, within one year from the effective | 21 | | date of this amendatory Act of the 98th General Assembly, with | 22 | | the assistance of other members of the criminal justice | 23 | | community, mental health or behavioral health experts, and | 24 | | advocates for the protection of domestic violence victims, |
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| 1 | | develop a risk assessment tool to assess the continuing danger | 2 | | to victims of domestic violence and their dependent family | 3 | | members. | 4 | | (c) The Probation Division of the Administrative Office of | 5 | | the Illinois Courts shall implement training standards for | 6 | | probation officers for domestic violence caseloads. A 40 hour | 7 | | specialized course shall be developed with attention to the | 8 | | needs, protections, and special circumstances of domestic | 9 | | violence victims and their dependent family members. It shall | 10 | | also focus on the behavior patterns of domestic violence | 11 | | offenders. The Probation Division shall determine appropriate | 12 | | scheduling and certification for completion. Probation officer | 13 | | basic training shall also include attention to domestic | 14 | | violence training. On and after January 1, 2017, any probation | 15 | | officer who conducts a risk assessment evaluation under | 16 | | subsection (f) of Section 110-5 of the Code of Criminal | 17 | | Procedure of 1963, must be certified under this specialized | 18 | | course. | 19 | | (d) No probation officer shall disclose any confidential | 20 | | communication or be examined as a witness in any civil, | 21 | | criminal or administrative proceeding as to any confidential | 22 | | communication without the written consent of the domestic | 23 | | violence victim or a representative of the victim as provided | 24 | | in subsection (d) of Section 8-802.4 of the Code of Civil | 25 | | Procedure, except to the extent the probation officer | 26 | | reasonably believes necessary to prevent reasonably certain |
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| 1 | | death or substantial bodily harm. A probation officer may not | 2 | | disclose, affirm, or deny whether any confidential | 3 | | communication occurred or the existence of any interview, | 4 | | written assessment, work papers, or notes, in any proceeding to | 5 | | determine the conditions of bail in conjunction with a risk | 6 | | assessment evaluation conducted under subsection (f) of | 7 | | Section 110-5 of the Code of Criminal Procedure of 1963. | 8 | | Section 20. The Code of Civil Procedure is amended by | 9 | | adding Section 8-802.4 as follows: | 10 | | (735 ILCS 5/8-802.4 new) | 11 | | Sec. 8-802.4. Confidentiality of statements made to | 12 | | probation officers by victims of domestic violence. | 13 | | (a) Purpose. This Section is intended to protect victims of | 14 | | domestic violence from public disclosure of interviews, | 15 | | statements they make in confidence to probation officers, and | 16 | | the work product from those interviews and statements. Because | 17 | | of the fear of future or escalating incidents of domestic | 18 | | violence, victims hesitate to seek the protection of the court | 19 | | system. As a result they not only fail to seek intervention, | 20 | | but may feel a lack of safety in seeking the support necessary | 21 | | to report the crime and aid the court system and law | 22 | | enforcement in preventing future crimes. | 23 | | (b) Definitions. As used in this Section: | 24 | | "Confidential communication" means any communication |
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| 1 | | between a domestic violence victim and a probation officer | 2 | | in the course of any risk assessment evaluation conducted | 3 | | under subsection (f) of Section 110-5 of the Code of | 4 | | Criminal Procedure of 1963 for the purposes of assisting | 5 | | the probation officer in recommending conditions of bail, | 6 | | release, and conditions of probation. "Confidential | 7 | | communication" includes all records, notes, work papers, | 8 | | interview notes or written assessments kept by the | 9 | | probation officer or by the probation department in the | 10 | | course of any risk assessment evaluation conducted under | 11 | | subsection (f) of Section 110-5 of the Code of Criminal | 12 | | Procedure of 1963. A probation officer may not disclose, | 13 | | affirm, or deny whether any confidential communication | 14 | | occurred or the existence of any interview, written | 15 | | assessment, work papers, or notes, in any proceeding to | 16 | | determine the conditions of bail in conjunction with a risk | 17 | | assessment evaluation conducted under subsection (f) of | 18 | | Section 110-5 of the Code of Criminal Procedure of 1963. | 19 | | "Domestic violence victim" means a person who | 20 | | communicates with a probation officer for the purpose of | 21 | | assisting the probation officer in recommending conditions | 22 | | of bail, release, and conditions of probation under | 23 | | subsection (f) of Section 110-5 of the Code of Criminal | 24 | | Procedure of 1963, whether or not charges have been filed. | 25 | | "Probation department" means any department as defined | 26 | | in Section 9b of the Probation and Probation Officers Act. |
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| 1 | | "Probation officer" means any probation officer as | 2 | | defined in Section 9b of the Probation and Probation | 3 | | Officers Act who has been trained in accordance with | 4 | | Section 15.2 of that Act. | 5 | | (c) Confidentiality. No probation officer shall disclose | 6 | | any confidential communication or be examined as a witness in | 7 | | any civil, criminal or administrative proceeding as to any | 8 | | confidential communication without the written consent of the | 9 | | domestic violence victim or a representative of the victim as | 10 | | provided in subsection (d) of this Section, except to the | 11 | | extent the probation officer reasonably believes necessary to | 12 | | prevent reasonably
certain death or substantial bodily harm. | 13 | | Any probation officer or probation department participating in | 14 | | good faith in the disclosing of communications under this | 15 | | Section shall have immunity from any liability, civil, | 16 | | criminal, or otherwise that might result from the action. | 17 | | (d) Waiver of privilege. | 18 | | (1) The confidential nature of the confidential | 19 | | communication is not waived by: the presence of a third | 20 | | person who further expresses the interests of the domestic | 21 | | violence victim at the time of the communication; or | 22 | | disclosure to a third person with the written consent of | 23 | | the domestic violence victim when reasonably necessary to | 24 | | accomplish the purposes of a risk assessment evaluation | 25 | | under subsection (f) of Section 110-5 of the Code of | 26 | | Criminal Procedure of 1963. |
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| 1 | | (2) The confidential nature of the confidential | 2 | | communication to probation officers is not waived when: the | 3 | | domestic violence victim inspects the records; or in the | 4 | | case of a minor less than 12 years of age, a parent or | 5 | | guardian whose interests are not adverse to the minor | 6 | | inspects the records; or in the case of a minor victim 12 | 7 | | years or older, a parent or guardian whose interests are | 8 | | not adverse to the minor inspects the records with the | 9 | | victim's consent, or in the case of an adult who has a | 10 | | guardian of his or her person, the guardian inspects the | 11 | | records with the victim's consent. | 12 | | (3) When a domestic violence victim is deceased, the | 13 | | executor or administrator of the victim's estate may waive | 14 | | the privilege established by this Section, unless the | 15 | | executor or administrator has an interest adverse to the | 16 | | victim. | 17 | | (4) A domestic violence victim who is a minor 12 years | 18 | | of age or older may knowingly waive the privilege | 19 | | established in this Section. When a minor is, in the | 20 | | opinion of the Court, incapable of knowingly waiving the | 21 | | privilege, the parent or guardian of the minor may waive | 22 | | the privilege on behalf of the minor, unless the parent or | 23 | | guardian has been charged with a crime against the minor or | 24 | | otherwise has any interest adverse to that of the minor | 25 | | with respect to the waiver of the privilege. | 26 | | (5) An adult domestic violence victim who has a |
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| 1 | | guardian of his or her person may knowingly waive the | 2 | | privilege established in this Section. When the victim is, | 3 | | in the opinion of the court, incapable of knowingly waiving | 4 | | the privilege, the guardian of the adult victim may waive | 5 | | the privilege on behalf of the victim, unless the guardian | 6 | | has been charged with a crime against the victim or | 7 | | otherwise has any interest adverse to the victim with | 8 | | respect to the privilege. | 9 | | (e) Any probation officer who knowingly discloses any | 10 | | confidential communication in violation of this Section | 11 | | commits a Class C misdemeanor.
| 12 | | Section 99. Effective date. This Section and Sections 10 | 13 | | and 15 of this Act take effect upon becoming law. Sections 5 | 14 | | and 20 of this Act take effect July 1, 2015.".
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