Full Text of HB0314 100th General Assembly
HB0314ham002 100TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 3/15/2017
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| 1 | | AMENDMENT TO HOUSE BILL 314
| 2 | | AMENDMENT NO. ______. Amend House Bill 314 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 110-4 and 110-6 as follows:
| 6 | | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| 7 | | Sec. 110-4. Bailable Offenses.
| 8 | | (a) All persons shall be bailable before conviction, except | 9 | | the
following offenses where the proof is evident or the | 10 | | presumption great that
the defendant is guilty of the offense: | 11 | | capital offenses; offenses for
which a sentence of life | 12 | | imprisonment may be imposed as a consequence of
conviction; | 13 | | felony offenses for which a sentence of imprisonment,
without | 14 | | conditional and revocable release, shall be imposed
by law as a | 15 | | consequence of conviction, where the court after a hearing,
| 16 | | determines that the release of the defendant would pose a real |
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| 1 | | and present
threat to the physical safety of any person or | 2 | | persons; stalking or
aggravated stalking, where the court, | 3 | | after a hearing, determines that the
release of the defendant | 4 | | would pose a real and present threat to the
physical safety of | 5 | | the alleged victim of the offense and denial of bail
is | 6 | | necessary to prevent fulfillment of the threat upon which the | 7 | | charge
is based;
or unlawful use of weapons in violation of | 8 | | item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | 9 | | of 1961 or the Criminal Code of 2012 when that offense occurred | 10 | | in a school or in any
conveyance owned,
leased, or contracted | 11 | | by a school to transport students to or from school or a
| 12 | | school-related
activity, or on any public way within 1,000 feet | 13 | | of real property comprising
any school, where
the court, after | 14 | | a hearing, determines that the release of the defendant would
| 15 | | pose a real and
present threat to the physical safety of any | 16 | | person and denial of bail is
necessary to prevent
fulfillment | 17 | | of that threat; or making a terrorist threat in violation of
| 18 | | Section 29D-20 of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012 or an attempt to commit the offense of making a | 20 | | terrorist threat, where the court, after a hearing, determines | 21 | | that the release of the defendant would pose a real and present | 22 | | threat to the physical safety of any person and denial of bail | 23 | | is necessary to prevent fulfillment of that threat.
| 24 | | (a-5) A person who does not pose a real and present threat | 25 | | to the physical safety of any person, does not present a flight | 26 | | risk in the absence of a bail bond, and is otherwise eligible |
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| 1 | | for bail under this Article shall not be detained solely | 2 | | because of his or her financial or economic inability to post | 3 | | bond. | 4 | | (b) A person seeking release on bail who is charged with a | 5 | | capital
offense or an offense for which a sentence of life | 6 | | imprisonment may be
imposed shall not be bailable until a | 7 | | hearing is held wherein such person
has the burden of | 8 | | demonstrating that the proof of his guilt is not evident
and | 9 | | the presumption is not great.
| 10 | | (c) Where it is alleged that bail should be denied to a | 11 | | person upon the
grounds that the person presents a real and | 12 | | present threat to the physical
safety of any person or persons, | 13 | | the burden of proof of such allegations
shall be upon the | 14 | | State.
| 15 | | (d) When it is alleged that bail should be denied to a | 16 | | person
charged with stalking or aggravated stalking upon the | 17 | | grounds set forth in
Section 110-6.3 of this Code, the burden | 18 | | of proof of those allegations shall be
upon the State.
| 19 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 20 | | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| 21 | | Sec. 110-6. (a) Upon verified application by
the State or | 22 | | the defendant or on its own motion the court before which the
| 23 | | proceeding is
pending may increase or reduce the amount of bail | 24 | | or may alter the
conditions of the bail bond or grant bail | 25 | | where it has been previously
revoked or denied.
If bail has |
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| 1 | | been previously revoked under pursuant to subsection (f) of | 2 | | this
Section or if bail has been denied to the defendant under | 3 | | pursuant to subsection
(e) of Section 110-6.1 or subsection (e) | 4 | | of Section 110-6.3, the defendant
shall
be required to present | 5 | | a
verified application setting forth in detail any new facts | 6 | | not known or
obtainable at the time of the previous revocation | 7 | | or denial of bail
proceedings. If the court grants bail where | 8 | | it has been previously revoked
or denied, the court shall state | 9 | | on the record of the proceedings the
findings of facts and | 10 | | conclusion of law upon which such order is based.
| 11 | | (a-5) If bail is set under Section 110-5 of this Article or | 12 | | if a defendant is ordered to be electronically monitored as a | 13 | | condition of release, and if the defendant has been unable to | 14 | | post the required bond or secure a location from which to be | 15 | | electronically monitored and remains in custody for 72 hours | 16 | | after the date bail or release with conditions has been set, | 17 | | the defendant shall be afforded a hearing under subsection (a) | 18 | | of this Section. The inability of the defendant to pay bail or | 19 | | lack of suitable housing shall be deemed sufficient new facts | 20 | | to support a motion for the alteration of bail under subsection | 21 | | (a) of this Section. | 22 | | (b) Violation of the conditions of Section
110-10 of this | 23 | | Code or any special conditions of bail as ordered by the
court | 24 | | shall constitute grounds for the court to increase
the amount | 25 | | of bail, or otherwise alter the conditions of bail, or, where
| 26 | | the alleged offense committed on bail is a forcible felony in |
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| 1 | | Illinois or
a Class 2 or greater offense under the Illinois
| 2 | | Controlled Substances Act, the
Cannabis Control Act, or the | 3 | | Methamphetamine Control and Community Protection Act, revoke | 4 | | bail
pursuant to the appropriate provisions of subsection (e) | 5 | | of this
Section.
| 6 | | (c) Reasonable notice of such application by the defendant | 7 | | shall be
given to the State.
| 8 | | (d) Reasonable notice of such application by the State | 9 | | shall be
given to the defendant, except as provided in | 10 | | subsection (e).
| 11 | | (e) Upon verified application by the State stating facts or
| 12 | | circumstances constituting a violation or a threatened
| 13 | | violation of any of the
conditions of the bail bond the court | 14 | | may issue a warrant commanding any
peace officer to bring the | 15 | | defendant without unnecessary delay before
the court for a | 16 | | hearing on the matters set forth in the application. If
the | 17 | | actual court before which the proceeding is pending is absent | 18 | | or
otherwise unavailable another court may issue a warrant | 19 | | pursuant to this
Section. When the defendant is charged with a | 20 | | felony offense and while
free on bail is charged with a | 21 | | subsequent felony offense and is the subject
of a proceeding | 22 | | set forth in Section 109-1 or 109-3 of this Code, upon the
| 23 | | filing of a verified petition by the State alleging a violation | 24 | | of Section
110-10 (a) (4) of this Code, the court shall without | 25 | | prior notice to the
defendant, grant leave to file such | 26 | | application and shall order the
transfer of the defendant and |
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| 1 | | the application without unnecessary delay to
the court before | 2 | | which the previous felony matter is pending for a hearing
as | 3 | | provided in subsection (b) or this subsection of this Section. | 4 | | The
defendant shall be held
without bond pending transfer to | 5 | | and a hearing before such court. At
the conclusion of the | 6 | | hearing based on a violation of the conditions of
Section | 7 | | 110-10 of this Code or any special conditions of bail as | 8 | | ordered by
the court the court may enter an order
increasing | 9 | | the amount of bail or alter the conditions of bail as deemed
| 10 | | appropriate.
| 11 | | (f) Where the alleged violation consists of the violation | 12 | | of
one or more felony statutes of any jurisdiction which would | 13 | | be a
forcible felony in Illinois or a Class 2 or greater | 14 | | offense under the
Illinois Controlled Substances Act, the
| 15 | | Cannabis Control Act, or the Methamphetamine Control and | 16 | | Community Protection Act and the
defendant is on bail for the | 17 | | alleged
commission of a felony, or where the defendant is on | 18 | | bail for a felony
domestic battery (enhanced pursuant to | 19 | | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | 20 | | or the Criminal Code of 2012), aggravated
domestic battery, | 21 | | aggravated battery, unlawful restraint, aggravated unlawful
| 22 | | restraint or domestic battery in violation
of item (1) of | 23 | | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | 24 | | or the Criminal Code of 2012
against a
family or household | 25 | | member as defined in Section 112A-3 of this Code and the
| 26 | | violation is an offense of domestic battery against
the same |
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| 1 | | victim the court shall, on the motion of the State
or its own | 2 | | motion, revoke bail
in accordance with the following | 3 | | provisions:
| 4 | | (1) The court shall hold the defendant without bail | 5 | | pending
the hearing on the alleged breach; however, if the | 6 | | defendant
is not admitted to bail the
hearing shall be | 7 | | commenced within 10 days from the date the defendant is
| 8 | | taken into custody or the defendant may not be held any | 9 | | longer without
bail, unless delay is occasioned by the | 10 | | defendant. Where defendant
occasions the delay, the | 11 | | running of the 10 day period is temporarily
suspended and | 12 | | resumes at the termination of the period of delay. Where
| 13 | | defendant occasions the delay with 5 or fewer days | 14 | | remaining in the 10
day period, the court may grant a | 15 | | period of up to 5 additional days to
the State for good | 16 | | cause shown. The State, however, shall retain the
right to | 17 | | proceed to hearing on the alleged violation at any time, | 18 | | upon
reasonable notice to the defendant and the court.
| 19 | | (2) At a hearing on the alleged violation the State has | 20 | | the burden
of going forward and proving the violation by | 21 | | clear and convincing
evidence. The evidence shall be | 22 | | presented in open court with the
opportunity to testify, to | 23 | | present witnesses in his behalf, and to
cross-examine | 24 | | witnesses if any are called by the State, and | 25 | | representation
by counsel and
if the defendant is indigent | 26 | | to have counsel appointed for him. The
rules of evidence |
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| 1 | | applicable in criminal trials in this State shall not
| 2 | | govern the admissibility of evidence at such hearing.
| 3 | | Information used by the court in its findings or stated in | 4 | | or offered in
connection with hearings for increase or | 5 | | revocation of bail may be by way
of proffer based upon | 6 | | reliable information offered by the State or
defendant. All | 7 | | evidence shall be admissible if it is relevant and reliable
| 8 | | regardless of whether it would be admissible under the | 9 | | rules of evidence
applicable at criminal trials. A motion | 10 | | by the defendant to suppress
evidence or to suppress a | 11 | | confession shall not be entertained at such a
hearing. | 12 | | Evidence that proof may have been obtained as a result of | 13 | | an
unlawful search and seizure or through improper | 14 | | interrogation is not
relevant to this hearing.
| 15 | | (3) Upon a finding by the court that the State has | 16 | | established by
clear and convincing evidence that the | 17 | | defendant has committed a
forcible felony or a Class 2 or | 18 | | greater offense under the Illinois Controlled
Substances | 19 | | Act, the Cannabis Control Act, or the Methamphetamine | 20 | | Control and Community Protection Act while admitted to | 21 | | bail, or where the
defendant is on bail for a felony | 22 | | domestic battery (enhanced pursuant to
subsection (b) of | 23 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012), aggravated
domestic battery, aggravated | 25 | | battery, unlawful
restraint, aggravated unlawful restraint | 26 | | or domestic battery in violation of
item (1) of subsection |
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| 1 | | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012
against
a family or household member | 3 | | as defined in
Section 112A-3 of this Code and the violation | 4 | | is an offense of domestic
battery, against the same victim, | 5 | | the court
shall revoke the bail of
the defendant and hold | 6 | | the defendant for trial without bail. Neither the
finding | 7 | | of the court nor any transcript or other record of the | 8 | | hearing
shall be admissible in the State's case in chief, | 9 | | but shall be admissible
for impeachment, or as provided in | 10 | | Section 115-10.1 of this Code or in a
perjury proceeding.
| 11 | | (4) If the bail of any defendant is revoked pursuant to | 12 | | paragraph
(f) (3) of this Section, the defendant may demand | 13 | | and shall be entitled
to be brought to trial on the offense | 14 | | with respect to which he was
formerly released on bail | 15 | | within 90 days after the date on which his
bail was | 16 | | revoked. If the defendant is not brought to trial within | 17 | | the
90 day period required by the preceding sentence, he | 18 | | shall not be held
longer without bail. In computing the 90 | 19 | | day period, the court shall
omit any period of delay | 20 | | resulting from a continuance granted at the
request of the | 21 | | defendant.
| 22 | | (5) If the defendant either is arrested on a warrant | 23 | | issued pursuant
to this Code or is arrested for an | 24 | | unrelated offense and it is subsequently
discovered that | 25 | | the defendant is a subject of another warrant or warrants
| 26 | | issued pursuant to this Code, the defendant shall be |
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| 1 | | transferred promptly
to the court which issued such | 2 | | warrant. If, however, the defendant appears
initially | 3 | | before a court other than the court which issued such | 4 | | warrant,
the non-issuing court shall not alter the amount | 5 | | of bail heretofore set on
such warrant unless the court | 6 | | sets forth on the record of proceedings the
conclusions of | 7 | | law and facts which are the basis for such altering of
| 8 | | another court's bond. The non-issuing court shall not alter | 9 | | another courts
bail set on a warrant unless the interests | 10 | | of justice and public safety are
served by such action.
| 11 | | (g) The State may appeal any order where the court has | 12 | | increased or reduced
the amount of bail or altered the | 13 | | conditions of the bail bond or granted
bail where it has | 14 | | previously been revoked.
| 15 | | (Source: P.A. 97-1150, eff. 1-25-13.)".
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