Full Text of HB0539 96th General Assembly
HB0539 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0539
Introduced 2/4/2009, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/110-5 |
from Ch. 38, par. 110-5 |
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Amends the Code of Criminal Procedure of 1963. Provides that when the defendant is charged with a non-violent crime, in setting the amount of bail, the court shall consider any evidence offered as to the annual gross income of the defendant.
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A BILL FOR
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HB0539 |
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LRB096 06263 RLC 16346 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 110-5 as follows:
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| (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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| Sec. 110-5. Determining the amount of bail and conditions | 8 |
| of release.
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| (a) In determining the amount of monetary bail or | 10 |
| conditions of release, if
any,
which will reasonably assure the | 11 |
| appearance of a defendant as required or
the safety of any | 12 |
| other person or the community and the likelihood of
compliance | 13 |
| by the
defendant with all the conditions of bail, the court | 14 |
| shall, on the
basis of available information, take into account | 15 |
| such matters as the
nature and circumstances of the offense | 16 |
| charged, whether the evidence
shows that as part of the offense | 17 |
| there was a use of violence or threatened
use of violence, | 18 |
| whether the offense involved corruption of public
officials or | 19 |
| employees, whether there was physical harm or threats of | 20 |
| physical
harm to any
public official, public employee, judge, | 21 |
| prosecutor, juror or witness,
senior citizen, child or | 22 |
| handicapped person, whether evidence shows that
during the | 23 |
| offense or during the arrest the defendant possessed or used a
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HB0539 |
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LRB096 06263 RLC 16346 b |
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| firearm, machine gun, explosive or metal piercing ammunition or | 2 |
| explosive
bomb device or any military or paramilitary armament,
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| whether the evidence
shows that the offense committed was | 4 |
| related to or in furtherance of the
criminal activities of an | 5 |
| organized gang or was motivated by the defendant's
membership | 6 |
| in or allegiance to an organized gang,
the condition of the
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| victim, any written statement submitted by the victim or | 8 |
| proffer or
representation by the State regarding the
impact | 9 |
| which the alleged criminal conduct has had on the victim and | 10 |
| the
victim's concern, if any, with further contact with the | 11 |
| defendant if
released on bail, whether the offense was based on | 12 |
| racial, religious,
sexual orientation or ethnic hatred,
the | 13 |
| likelihood of the filing of a greater charge, the likelihood of
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| conviction, the sentence applicable upon conviction, the | 15 |
| weight of the evidence
against such defendant, whether there | 16 |
| exists motivation or ability to
flee, whether there is any | 17 |
| verification as to prior residence, education,
or family ties | 18 |
| in the local jurisdiction, in another county,
state or foreign | 19 |
| country, the defendant's employment, financial resources,
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| character and mental condition, past conduct, prior use of | 21 |
| alias names or
dates of birth, and length of residence in the | 22 |
| community,
the consent of the defendant to periodic drug | 23 |
| testing in accordance with
Section 110-6.5,
whether a foreign | 24 |
| national defendant is lawfully admitted in the United
States of | 25 |
| America, whether the government of the foreign national
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| maintains an extradition treaty with the United States by which |
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HB0539 |
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LRB096 06263 RLC 16346 b |
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| the foreign
government will extradite to the United States its | 2 |
| national for a trial for
a crime allegedly committed in the | 3 |
| United States, whether the defendant is
currently subject to | 4 |
| deportation or exclusion under the immigration laws of
the | 5 |
| United States, whether the defendant, although a United States | 6 |
| citizen,
is considered under the law of any foreign state a | 7 |
| national of that state
for the purposes of extradition or | 8 |
| non-extradition to the United States,
the amount of unrecovered | 9 |
| proceeds lost as a result of
the alleged offense, the
source of | 10 |
| bail funds tendered or sought to be tendered for bail,
whether | 11 |
| from the totality of the court's consideration,
the loss of | 12 |
| funds posted or sought to be posted for bail will not deter the
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| defendant from flight, whether the evidence shows that the | 14 |
| defendant is
engaged in significant
possession, manufacture, | 15 |
| or delivery of a controlled substance or cannabis,
either | 16 |
| individually or in consort with others,
whether at the time of | 17 |
| the offense
charged he was on bond or pre-trial release pending | 18 |
| trial, probation,
periodic imprisonment or conditional | 19 |
| discharge pursuant to this Code or the
comparable Code of any | 20 |
| other state or federal jurisdiction, whether the
defendant is | 21 |
| on bond or
pre-trial release pending the imposition or | 22 |
| execution of sentence or appeal of
sentence for any offense | 23 |
| under the laws of Illinois or any other state or
federal | 24 |
| jurisdiction, whether the defendant is under parole or | 25 |
| mandatory
supervised release or
work release from the Illinois | 26 |
| Department of Corrections or any penal
institution or |
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LRB096 06263 RLC 16346 b |
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| corrections department of any state or federal
jurisdiction, | 2 |
| the defendant's record of convictions, whether the defendant | 3 |
| has been
convicted of a misdemeanor or ordinance offense in | 4 |
| Illinois or similar
offense in other state or federal | 5 |
| jurisdiction within the 10 years
preceding the current charge | 6 |
| or convicted of a felony in Illinois, whether
the defendant was | 7 |
| convicted of an offense in another state or federal
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| jurisdiction that would
be a felony if committed in Illinois | 9 |
| within the 20 years preceding the
current charge or has been | 10 |
| convicted of such felony and released from the
penitentiary | 11 |
| within 20 years preceding the current charge if a
penitentiary | 12 |
| sentence was imposed in Illinois or other state or federal
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| jurisdiction, the defendant's records of juvenile adjudication | 14 |
| of delinquency in any
jurisdiction, any record of appearance or | 15 |
| failure to appear by
the defendant at
court proceedings, | 16 |
| whether there was flight to avoid arrest or
prosecution, | 17 |
| whether the defendant escaped or
attempted to escape to avoid | 18 |
| arrest, whether the defendant refused to
identify himself, or | 19 |
| whether there was a refusal by the defendant to be
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| fingerprinted as required by law. Information used by the court | 21 |
| in its
findings or stated in or
offered in connection with this | 22 |
| Section may be by way of proffer based upon
reliable | 23 |
| information offered by the State or defendant.
All evidence | 24 |
| shall be admissible if it is relevant and
reliable regardless | 25 |
| of whether it would be admissible under the rules of
evidence | 26 |
| applicable at criminal trials.
If the State presents evidence |
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LRB096 06263 RLC 16346 b |
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| that the offense committed by the defendant
was related to or | 2 |
| in furtherance of the criminal activities of an organized
gang | 3 |
| or was motivated by the defendant's membership in or allegiance | 4 |
| to an
organized gang, and if the court determines that the | 5 |
| evidence may be
substantiated, the court shall prohibit the | 6 |
| defendant from associating with
other members of the organized | 7 |
| gang as a condition of bail or release.
For the purposes of | 8 |
| this Section,
"organized gang" has the meaning ascribed to it | 9 |
| in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 10 |
| Prevention Act.
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| (b) The amount of bail shall be:
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| (1) Sufficient to assure compliance with the | 13 |
| conditions set forth in the
bail bond, which shall include | 14 |
| the defendant's current address with a written
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| admonishment to the defendant that he or she must comply | 16 |
| with the provisions of
Section 110-12 regarding any change | 17 |
| in his or her address. The defendant's
address shall at all | 18 |
| times remain a matter of public record with the clerk
of | 19 |
| the court.
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| (2) Not oppressive.
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| (3) Considerate of the financial ability of the | 22 |
| accused.
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| (4) When a person is charged with a drug related | 24 |
| offense involving
possession or delivery of cannabis or | 25 |
| possession or delivery of a
controlled substance as defined | 26 |
| in the Cannabis Control Act,
the Illinois Controlled |
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LRB096 06263 RLC 16346 b |
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| Substances Act, or the Methamphetamine Control and | 2 |
| Community Protection Act, the full street value
of the | 3 |
| drugs seized shall be considered. "Street value" shall be
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| determined by the court on the basis of a proffer by the | 5 |
| State based upon
reliable information of a law enforcement | 6 |
| official contained in a written
report as to the amount | 7 |
| seized and such proffer may be used by the court as
to the | 8 |
| current street value of the smallest unit of the drug | 9 |
| seized.
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| (b-1) When the defendant is charged with a non-violent | 11 |
| crime, in setting the amount of bail, the court shall consider | 12 |
| any evidence offered as to the annual gross income of the | 13 |
| defendant. For the purposes of this subsection (b-1), "gross | 14 |
| income" has the meaning ascribed to it in Section 61 of the | 15 |
| federal Internal Revenue Code; and "non-violent crime" means an | 16 |
| offense that is not a violent crime as defined in Section 3 of | 17 |
| the Rights of Crime Victims and Witnesses Act.
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| (b-5) Upon the filing of a written request demonstrating | 19 |
| reasonable cause, the State's Attorney may request a source of | 20 |
| bail hearing either before or after the posting of any funds.
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| If the hearing is granted, before the posting of any bail, the | 22 |
| accused must file a written notice requesting that the court | 23 |
| conduct a source of bail hearing. The notice must be | 24 |
| accompanied by justifying affidavits stating the legitimate | 25 |
| and lawful source of funds for bail. At the hearing, the court | 26 |
| shall inquire into any matters stated in any justifying |
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LRB096 06263 RLC 16346 b |
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| affidavits, and may also inquire into matters appropriate to | 2 |
| the determination which shall include, but are not limited to, | 3 |
| the following: | 4 |
| (1) the background, character, reputation, and | 5 |
| relationship to the accused of any surety; and | 6 |
| (2) the source of any money or property deposited by | 7 |
| any surety, and whether any such money or property | 8 |
| constitutes the fruits of criminal or unlawful conduct; and | 9 |
| (3) the source of any money posted as cash bail, and | 10 |
| whether any such money constitutes the fruits of criminal | 11 |
| or unlawful conduct; and | 12 |
| (4) the background, character, reputation, and | 13 |
| relationship to the accused of the person posting cash | 14 |
| bail. | 15 |
| Upon setting the hearing, the court shall examine, under | 16 |
| oath, any persons who may possess material information. | 17 |
| The State's Attorney has a right to attend the hearing, to | 18 |
| call witnesses and to examine any witness in the proceeding. | 19 |
| The court shall, upon request of the State's Attorney, continue | 20 |
| the proceedings for a reasonable period to allow the State's | 21 |
| Attorney to investigate the matter raised in any testimony or | 22 |
| affidavit.
If the hearing is granted after the accused has | 23 |
| posted bail, the court shall conduct a hearing consistent with | 24 |
| this subsection (b-5). At the conclusion of the hearing, the | 25 |
| court must issue an order either approving of disapproving the | 26 |
| bail.
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LRB096 06263 RLC 16346 b |
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| (c) When a person is charged with an offense punishable by | 2 |
| fine only the
amount of the bail shall not exceed double the | 3 |
| amount of the maximum penalty.
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| (d) When a person has been convicted of an offense and only | 5 |
| a fine has
been imposed the amount of the bail shall not exceed | 6 |
| double the amount of
the fine.
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| (e) The State may appeal any order granting bail or setting
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| a given amount for bail. | 9 |
| (f) When a person is charged with a violation of an order | 10 |
| of protection under Section 12-30 of the Criminal Code of 1961, | 11 |
| the court shall order the respondent to undergo a risk | 12 |
| assessment evaluation at an Illinois Department of Human | 13 |
| Services protocol approved partner abuse intervention program. | 14 |
| Based on the results of the risk assessment and the other | 15 |
| circumstances of the violation, the court may order that the | 16 |
| person, as a condition of bail, be placed under electronic | 17 |
| surveillance as provided in Section 5-8A-7 of the Unified Code | 18 |
| of Corrections.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-773, eff. 1-1-09.)
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