Full Text of SB2579 100th General Assembly
SB2579ham003 100TH GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 5/29/2018
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| 1 | | AMENDMENT TO SENATE BILL 2579
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2579 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 102-7.1, 110-6, 110-14, and 110-17 | 6 | | as follows: | 7 | | (725 ILCS 5/102-7.1) | 8 | | Sec. 102-7.1. "Category A offense". "Category A offense" | 9 | | means a Class 1 felony, Class 2 felony, Class X felony, first | 10 | | degree murder, a violation of Section 11-204 of the Illinois | 11 | | Vehicle Code, a second or subsequent violation of Section | 12 | | 11-501 of the Illinois Vehicle Code, a violation of subsection | 13 | | (d) of Section 11-501 of the Illinois Vehicle Code, a violation | 14 | | of Section 11-401 of the Illinois Vehicle Code if the accident | 15 | | results in injury and the person failed to report the accident | 16 | | within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, |
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| 1 | | 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, | 2 | | 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, | 3 | | 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, | 4 | | 26.5-2, or 48-1 of the Criminal Code of 2012, a second or | 5 | | subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code | 6 | | of 2012, a violation of paragraph (5) or (6) of subsection (b) | 7 | | of Section 10-9 of the Criminal Code of 2012, a violation of | 8 | | subsection (b) or (c) or paragraph (1) or (2) of subsection (a) | 9 | | of Section 11-1.50 of the Criminal Code of 2012, a violation of | 10 | | Section 12-7 of the Criminal Code of 2012 if the defendant | 11 | | inflicts bodily harm on the victim to obtain a confession, | 12 | | statement, or information, a violation of Section 12-7.5 of the | 13 | | Criminal Code of 2012 if the action results in bodily harm, a | 14 | | violation of paragraph (3) of subsection (b) of Section 17-2 of | 15 | | the Criminal Code of 2012, a violation of subdivision | 16 | | (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a | 17 | | violation of paragraph (6) of subsection (a) of Section 24-1 of | 18 | | the Criminal Code of 2012, a first violation of Section 24-1.6 | 19 | | of the Criminal Code of 2012 by a person 18 years of age or | 20 | | older where the factors listed in both items (A) and (C) or | 21 | | both items (A-5) and (C) of paragraph (3) of subsection (a) of | 22 | | Section 24-1.6 of the Criminal Code of 2012 are present, a | 23 | | Class 3 felony violation of paragraph (1) of
subsection (a) of | 24 | | Section 2 of the Firearm Owners Identification Card Act, or a | 25 | | violation of Section 10 of the Sex Offender Registration Act.
| 26 | | (Source: P.A. 100-1, eff. 1-1-18 .)
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| 1 | | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| 2 | | Sec. 110-6. Modification of bail or conditions. | 3 | | (a) Upon verified application by
the State or the defendant | 4 | | or on its own motion the court before which the
proceeding is
| 5 | | pending may increase or reduce the amount of bail or may alter | 6 | | the
conditions of the bail bond or grant bail where it has been | 7 | | previously
revoked or denied.
If bail has been previously | 8 | | revoked pursuant to subsection (f) of this
Section or if bail | 9 | | has been denied to the defendant pursuant to subsection
(e) of | 10 | | Section 110-6.1 or subsection (e) of Section 110-6.3, the | 11 | | defendant
shall
be required to present a
verified application | 12 | | setting forth in detail any new facts not known or
obtainable | 13 | | at the time of the previous revocation or denial of bail
| 14 | | proceedings. If the court grants bail where it has been | 15 | | previously revoked
or denied, the court shall state on the | 16 | | record of the proceedings the
findings of facts and conclusion | 17 | | of law upon which such order is based.
| 18 | | (a-5) In addition to any other available motion or | 19 | | procedure under this Code, a person in custody solely for a | 20 | | Category B offense due to an inability to post monetary bail | 21 | | shall be brought before the court at the next available court | 22 | | date or 7 calendar days from the date bail was set, whichever | 23 | | is earlier, for a rehearing on the amount or conditions of bail | 24 | | or release pending further court proceedings. The court may | 25 | | reconsider conditions of release for any other person whose |
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| 1 | | inability to post monetary bail is the sole reason for | 2 | | continued incarceration, including a person in custody for a | 3 | | Category A offense or a Category A offense and a Category B | 4 | | offense . The court may deny the rehearing permitted under this | 5 | | subsection (a-5) if the person has failed to appear as required | 6 | | before the court and is incarcerated based on a warrant for | 7 | | failure to appear on the same original criminal offense. | 8 | | (b) Violation of the conditions of Section
110-10 of this | 9 | | Code or any special conditions of bail as ordered by the
court | 10 | | shall constitute grounds for the court to increase
the amount | 11 | | of bail, or otherwise alter the conditions of bail, or, where
| 12 | | the alleged offense committed on bail is a forcible felony in | 13 | | Illinois or
a Class 2 or greater offense under the Illinois
| 14 | | Controlled Substances Act, the
Cannabis Control Act, or the | 15 | | Methamphetamine Control and Community Protection Act, revoke | 16 | | bail
pursuant to the appropriate provisions of subsection (e) | 17 | | of this
Section.
| 18 | | (c) Reasonable notice of such application by the defendant | 19 | | shall be
given to the State.
| 20 | | (d) Reasonable notice of such application by the State | 21 | | shall be
given to the defendant, except as provided in | 22 | | subsection (e).
| 23 | | (e) Upon verified application by the State stating facts or
| 24 | | circumstances constituting a violation or a threatened
| 25 | | violation of any of the
conditions of the bail bond the court | 26 | | may issue a warrant commanding any
peace officer to bring the |
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| 1 | | defendant without unnecessary delay before
the court for a | 2 | | hearing on the matters set forth in the application. If
the | 3 | | actual court before which the proceeding is pending is absent | 4 | | or
otherwise unavailable another court may issue a warrant | 5 | | pursuant to this
Section. When the defendant is charged with a | 6 | | felony offense and while
free on bail is charged with a | 7 | | subsequent felony offense and is the subject
of a proceeding | 8 | | set forth in Section 109-1 or 109-3 of this Code, upon the
| 9 | | filing of a verified petition by the State alleging a violation | 10 | | of Section
110-10 (a) (4) of this Code, the court shall without | 11 | | prior notice to the
defendant, grant leave to file such | 12 | | application and shall order the
transfer of the defendant and | 13 | | the application without unnecessary delay to
the court before | 14 | | which the previous felony matter is pending for a hearing
as | 15 | | provided in subsection (b) or this subsection of this Section. | 16 | | The
defendant shall be held
without bond pending transfer to | 17 | | and a hearing before such court. At
the conclusion of the | 18 | | hearing based on a violation of the conditions of
Section | 19 | | 110-10 of this Code or any special conditions of bail as | 20 | | ordered by
the court the court may enter an order
increasing | 21 | | the amount of bail or alter the conditions of bail as deemed
| 22 | | appropriate.
| 23 | | (f) Where the alleged violation consists of the violation | 24 | | of
one or more felony statutes of any jurisdiction which would | 25 | | be a
forcible felony in Illinois or a Class 2 or greater | 26 | | offense under the
Illinois Controlled Substances Act, the
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| 1 | | Cannabis Control Act, or the Methamphetamine Control and | 2 | | Community Protection 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 1961 | 6 | | or the Criminal Code of 2012), aggravated
domestic battery, | 7 | | aggravated battery, unlawful restraint, aggravated unlawful
| 8 | | restraint or domestic battery in violation
of item (1) of | 9 | | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012
against a
family or household | 11 | | member as defined in Section 112A-3 of this Code and the
| 12 | | violation is an offense of domestic battery against
the same | 13 | | victim the court shall, on the motion of the State
or its own | 14 | | motion, revoke bail
in accordance with the following | 15 | | provisions:
| 16 | | (1) The court shall hold the defendant without bail | 17 | | pending
the hearing on the alleged breach; however, if the | 18 | | defendant
is not admitted to bail the
hearing shall be | 19 | | commenced within 10 days from the date the defendant is
| 20 | | taken into custody or the defendant may not be held any | 21 | | longer without bail, unless delay is occasioned by the | 22 | | defendant. Where defendant
occasions the delay, the | 23 | | running of the 10 day period is temporarily
suspended and | 24 | | resumes at the termination of the period of delay. Where
| 25 | | defendant occasions the delay with 5 or fewer days | 26 | | remaining in the 10
day period, the court may grant a |
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| 1 | | period of up to 5 additional days to
the State for good | 2 | | cause shown. The State, however, shall retain the
right to | 3 | | proceed to hearing on the alleged violation at any time, | 4 | | upon
reasonable notice to the defendant and the court.
| 5 | | (2) At a hearing on the alleged violation the State has | 6 | | the burden
of going forward and proving the violation by | 7 | | clear and convincing
evidence. The evidence shall be | 8 | | presented in open court with the
opportunity to testify, to | 9 | | present witnesses in his behalf, and to
cross-examine | 10 | | witnesses if any are called by the State, and | 11 | | representation
by counsel and
if the defendant is indigent | 12 | | to have counsel appointed for him. The
rules of evidence | 13 | | applicable in criminal trials in this State shall not
| 14 | | govern the admissibility of evidence at such hearing.
| 15 | | Information used by the court in its findings or stated in | 16 | | or offered in
connection with hearings for increase or | 17 | | revocation of bail may be by way
of proffer based upon | 18 | | reliable information offered by the State or
defendant. All | 19 | | evidence shall be admissible if it is relevant and reliable
| 20 | | regardless of whether it would be admissible under the | 21 | | rules of evidence
applicable at criminal trials. A motion | 22 | | by the defendant to suppress
evidence or to suppress a | 23 | | confession shall not be entertained at such a
hearing. | 24 | | Evidence that proof may have been obtained as a result of | 25 | | an
unlawful search and seizure or through improper | 26 | | interrogation is not
relevant to this hearing.
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| 1 | | (3) Upon a finding by the court that the State has | 2 | | established by
clear and convincing evidence that the | 3 | | defendant has committed a
forcible felony or a Class 2 or | 4 | | greater offense under the Illinois Controlled
Substances | 5 | | Act, the Cannabis Control Act, or the Methamphetamine | 6 | | Control and Community Protection Act while admitted to | 7 | | bail, or where the
defendant is on bail for a felony | 8 | | domestic battery (enhanced pursuant to
subsection (b) of | 9 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012), aggravated
domestic battery, aggravated | 11 | | battery, unlawful
restraint, aggravated unlawful restraint | 12 | | or domestic battery in violation of
item (1) of subsection | 13 | | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012
against
a family or household member | 15 | | as defined in
Section 112A-3 of this Code and the violation | 16 | | is an offense of domestic
battery, against the same victim, | 17 | | the court
shall revoke the bail of
the defendant and hold | 18 | | the defendant for trial without bail. Neither the
finding | 19 | | of the court nor any transcript or other record of the | 20 | | hearing
shall be admissible in the State's case in chief, | 21 | | but shall be admissible
for impeachment, or as provided in | 22 | | Section 115-10.1 of this Code or in a
perjury proceeding.
| 23 | | (4) If the bail of any defendant is revoked pursuant to | 24 | | paragraph
(f) (3) of this Section, the defendant may demand | 25 | | and shall be entitled
to be brought to trial on the offense | 26 | | with respect to which he was
formerly released on bail |
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| 1 | | within 90 days after the date on which his
bail was | 2 | | revoked. If the defendant is not brought to trial within | 3 | | the
90 day period required by the preceding sentence, he | 4 | | shall not be held
longer without bail. In computing the 90 | 5 | | day period, the court shall
omit any period of delay | 6 | | resulting from a continuance granted at the
request of the | 7 | | defendant.
| 8 | | (5) If the defendant either is arrested on a warrant | 9 | | issued pursuant
to this Code or is arrested for an | 10 | | unrelated offense and it is subsequently
discovered that | 11 | | the defendant is a subject of another warrant or warrants
| 12 | | issued pursuant to this Code, the defendant shall be | 13 | | transferred promptly
to the court which issued such | 14 | | warrant. If, however, the defendant appears
initially | 15 | | before a court other than the court which issued such | 16 | | warrant,
the non-issuing court shall not alter the amount | 17 | | of bail set on
such warrant unless the court sets forth on | 18 | | the record of proceedings the
conclusions of law and facts | 19 | | which are the basis for such altering of
another court's | 20 | | bond. The non-issuing court shall not alter another courts
| 21 | | bail set on a warrant unless the interests of justice and | 22 | | public safety are
served by such action.
| 23 | | (g) The State may appeal any order where the court has | 24 | | increased or reduced
the amount of bail or altered the | 25 | | conditions of the bail bond or granted bail where it has | 26 | | previously been revoked.
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| 1 | | (Source: P.A. 100-1, eff. 1-1-18 .)
| 2 | | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| 3 | | Sec. 110-14. Credit for incarceration on bailable offense; | 4 | | credit against monetary bail for certain offenses. | 5 | | (a) Any person incarcerated on a bailable offense who does | 6 | | not supply
bail and against whom a fine is levied on conviction | 7 | | of the offense
shall be allowed a credit of $5 for each day so | 8 | | incarcerated upon application
of the defendant. However,
in no | 9 | | case shall the amount so allowed or
credited exceed the amount | 10 | | of the fine. | 11 | | (b) Subsection (a) does not apply to a person incarcerated | 12 | | for sexual assault as defined in paragraph (1) of subsection | 13 | | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| 14 | | (c) A person subject to bail on a Category B offense shall | 15 | | have $30 deducted from his or her 10% cash bond amount monetary | 16 | | bail every day the person is incarcerated. The sheriff shall | 17 | | calculate and apply this $30 per day reduction and send notice | 18 | | to the circuit clerk if a defendant's 10% cash bond amount is | 19 | | reduced to $0, at which point the defendant shall be released | 20 | | upon his or her own recognizance.
| 21 | | (d) The court may deny the incarceration credit in | 22 | | subsection (c) of this Section if the person has failed to | 23 | | appear as required before the court and is incarcerated based | 24 | | on a warrant for failure to appear on the same original | 25 | | criminal offense. |
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| 1 | | (Source: P.A. 100-1, eff. 1-1-18 .)
| 2 | | (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
| 3 | | Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding | 4 | | the
provisions of the Revised Uniform Unclaimed Property Act, | 5 | | any sum
of money deposited by any person to secure his or her | 6 | | release from custody which
remains unclaimed by the person | 7 | | entitled to its return for 3
years after the conditions of the | 8 | | bail bond have been performed
and the accused has been | 9 | | discharged from all obligations in the
cause shall be presumed | 10 | | to be abandoned and subject to disposition under the Revised | 11 | | Uniform Unclaimed Property Act .
| 12 | | (a) (Blank). The clerk of the circuit court, as soon | 13 | | thereafter as
practicable, shall cause notice to be published | 14 | | once, in English, in a
newspaper or newspapers of general | 15 | | circulation in the county wherein the
deposit of bond was | 16 | | received.
| 17 | | (b) (Blank). The published notice shall be entitled "Notice | 18 | | of Persons
Appearing to be Owners of Abandoned Property" and | 19 | | shall contain:
| 20 | | (1) The names, in alphabetical order, of persons to | 21 | | whom the notice
is directed.
| 22 | | (2) A statement that information concerning the amount | 23 | | of the property
may be obtained by any persons possessing | 24 | | an interest in the property by
making an inquiry at the | 25 | | office of the clerk of the circuit court at a
location |
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| 1 | | designated by him.
| 2 | | (3) A statement that if proof of claim is not presented | 3 | | by the owner to
the clerk of the circuit court and if the | 4 | | owner's right to receive the
property is not established to | 5 | | the satisfaction of the clerk of the court
within 65 days | 6 | | from the date of the published notice, the abandoned
| 7 | | property will be placed in the custody of the treasurer of | 8 | | the county, not
later than 85 days after such publication, | 9 | | to whom all further claims must
thereafter be directed. If | 10 | | the claim is established as aforesaid and after
deducting | 11 | | an amount not to exceed $20 to cover the cost of notice
| 12 | | publication and related clerical expenses, the clerk of the | 13 | | court shall
make payment to the person entitled thereto.
| 14 | | (4) The clerk of the circuit court is not required to | 15 | | publish in such
notice any items of less than $100 unless | 16 | | he deems such publication in the
public interest.
| 17 | | (c) (Blank). Any clerk of the circuit court who has caused | 18 | | notice to be published
as provided by this Section shall, | 19 | | within 20 days after the time specified
in this Section for | 20 | | claiming the property from the clerk of the court, pay
or | 21 | | deliver to the treasurer of the county having jurisdiction of | 22 | | the
offense, whether the bond was taken there or any other | 23 | | county, all sums
deposited as specified in this section less | 24 | | such amounts as may have been
returned to the persons whose | 25 | | rights to receive the sums deposited have
been established to | 26 | | the satisfaction of the clerk of the circuit court.
Any clerk |
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| 1 | | of the circuit court who transfers such sums to the county
| 2 | | treasury including sums deposited by persons whose names are | 3 | | not required
to be set forth in the published notice aforesaid, | 4 | | is relieved of all
liability for such sums as have been | 5 | | transferred as unclaimed bail deposits
or any claim which then | 6 | | exists or which thereafter may arise or be made in
respect to | 7 | | such sums.
| 8 | | (d) (Blank). The treasurer of the county shall keep just | 9 | | and true accounts of all
moneys paid into the treasury, and if | 10 | | any person appears within 5 years
after the deposit of moneys | 11 | | by the clerk of the circuit court and claims
any money paid | 12 | | into the treasury, he shall file a claim therefor on the
form | 13 | | prescribed by the treasurer of the county who shall consider | 14 | | any claim
filed under this Act and who may, in his discretion, | 15 | | hold a hearing and
receive evidence concerning it. The | 16 | | treasurer of the county shall prepare
a finding and the | 17 | | decision in writing on each hearing, stating the substance
of | 18 | | any evidence heard by him, his findings of fact in respect | 19 | | thereto, and
the reasons for his decision. The decision shall | 20 | | be a public record.
| 21 | | (e) (Blank). All claims which are not filed within the 5 | 22 | | year period shall
be forever barred.
| 23 | | (Source: P.A. 100-22, eff. 1-1-18 .)".
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