Full Text of SB1708 96th General Assembly
SB1708enr 96TH GENERAL ASSEMBLY
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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 110-10 as follows:
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| (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
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| Sec. 110-10. Conditions of bail bond.
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| (a) If a person is released prior to conviction, either | 9 |
| upon payment of
bail security or on his or her own | 10 |
| recognizance, the conditions of the bail
bond shall be that he | 11 |
| or she will:
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| (1) Appear to answer the charge in the court having | 13 |
| jurisdiction on
a day certain and thereafter as ordered by | 14 |
| the court until discharged or
final order of the court;
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| (2) Submit himself or herself to the orders and process | 16 |
| of the court;
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| (3) Not depart this State without leave of the court;
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| (4) Not violate any criminal statute of any | 19 |
| jurisdiction;
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| (5) At a time and place designated by the court, | 21 |
| surrender all firearms
in his or her possession to a law | 22 |
| enforcement officer designated by the court
to take custody | 23 |
| of and impound the firearms
and physically
surrender his or |
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| her Firearm Owner's Identification Card to the clerk of the
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| circuit court
when the offense the person has
been charged | 3 |
| with is a forcible felony, stalking, aggravated stalking, | 4 |
| domestic
battery, any violation of the Illinois Controlled | 5 |
| Substances Act, the Methamphetamine Control and Community | 6 |
| Protection Act, or the
Cannabis Control Act that is | 7 |
| classified as a Class 2 or greater felony, or any
felony | 8 |
| violation of Article 24 of the Criminal Code of 1961; the | 9 |
| court
may,
however, forgo the imposition of this condition | 10 |
| when the
circumstances of the
case clearly do not warrant | 11 |
| it or when its imposition would be
impractical;
all legally | 12 |
| possessed firearms shall be returned to the person upon
the | 13 |
| charges being dismissed, or if the person is found not | 14 |
| guilty, unless the
finding of not guilty is by reason of | 15 |
| insanity; and
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| (6) At a time and place designated by the court, submit | 17 |
| to a
psychological
evaluation when the person has been | 18 |
| charged with a violation of item (4) of
subsection
(a) of | 19 |
| Section 24-1 of the Criminal Code of 1961 and that | 20 |
| violation occurred in
a school
or in any conveyance owned, | 21 |
| leased, or contracted by a school to transport
students to | 22 |
| or
from school or a school-related activity, or on any | 23 |
| public way within 1,000
feet of real
property comprising | 24 |
| any school.
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| Psychological evaluations ordered pursuant to this Section | 26 |
| shall be completed
promptly
and made available to the State, |
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| the defendant, and the court. As a further
condition of bail | 2 |
| under
these circumstances, the court shall order the defendant | 3 |
| to refrain from
entering upon the
property of the school, | 4 |
| including any conveyance owned, leased, or contracted
by a | 5 |
| school to
transport students to or from school or a | 6 |
| school-related activity, or on any public way within
1,000 feet | 7 |
| of real property comprising any school. Upon receipt of the | 8 |
| psychological evaluation,
either the State or the defendant may | 9 |
| request a change in the conditions of bail, pursuant to
Section | 10 |
| 110-6 of this Code. The court may change the conditions of bail | 11 |
| to include a
requirement that the defendant follow the | 12 |
| recommendations of the psychological evaluation,
including | 13 |
| undergoing psychiatric treatment. The conclusions of the
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| psychological evaluation and
any statements elicited from the | 15 |
| defendant during its administration are not
admissible as | 16 |
| evidence
of guilt during the course of any trial on the charged | 17 |
| offense, unless the
defendant places his or her
mental | 18 |
| competency in issue.
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| (b) The court may impose other conditions, such as the | 20 |
| following, if the
court finds that such conditions are | 21 |
| reasonably necessary to assure the
defendant's appearance in | 22 |
| court, protect the public from the defendant, or
prevent the | 23 |
| defendant's unlawful interference with the orderly | 24 |
| administration
of justice:
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| (1) Report to or appear in person before such person or | 26 |
| agency as the
court may direct;
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| (2) Refrain from possessing a firearm or other | 2 |
| dangerous weapon;
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| (3) Refrain from approaching or communicating with | 4 |
| particular persons or
classes of persons;
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| (4) Refrain from going to certain described | 6 |
| geographical areas or
premises;
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| (5) Refrain from engaging in certain activities or | 8 |
| indulging in
intoxicating liquors or in certain drugs;
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| (6) Undergo treatment for drug addiction or | 10 |
| alcoholism;
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| (7) Undergo medical or psychiatric treatment;
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| (8) Work or pursue a course of study or vocational | 13 |
| training;
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| (9) Attend or reside in a facility designated by the | 15 |
| court;
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| (10) Support his or her dependents;
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| (11) If a minor resides with his or her parents or in a | 18 |
| foster home,
attend school, attend a non-residential | 19 |
| program for youths, and contribute
to his or her own | 20 |
| support at home or in a foster home;
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| (12) Observe any curfew ordered by the court;
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| (13) Remain in the custody of such designated person or | 23 |
| organization
agreeing to supervise his release. Such third | 24 |
| party custodian shall be
responsible for notifying the | 25 |
| court if the defendant fails to observe the
conditions of | 26 |
| release which the custodian has agreed to monitor, and |
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| shall
be subject to contempt of court for failure so to | 2 |
| notify the court;
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| (14) Be placed under direct supervision of the Pretrial | 4 |
| Services
Agency, Probation Department or Court Services | 5 |
| Department in a pretrial
bond home supervision capacity | 6 |
| with or without the use of an approved
electronic | 7 |
| monitoring device subject to Article 8A of Chapter V of the
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| Unified Code of Corrections;
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| (14.1) The court shall impose upon a defendant who is | 10 |
| charged with any
alcohol, cannabis, methamphetamine, or | 11 |
| controlled substance violation and is placed under
direct | 12 |
| supervision of the Pretrial Services Agency, Probation | 13 |
| Department or
Court Services Department in a pretrial bond | 14 |
| home supervision capacity with
the use of an approved | 15 |
| monitoring device, as a condition of such bail bond,
a fee | 16 |
| that represents costs incidental to the electronic | 17 |
| monitoring for each
day of such bail supervision ordered by | 18 |
| the
court, unless after determining the inability of the | 19 |
| defendant to pay the
fee, the court assesses a lesser fee | 20 |
| or no fee as the case may be. The fee
shall be collected by | 21 |
| the clerk of the circuit court. The clerk of the
circuit | 22 |
| court shall pay all monies collected from this fee to the | 23 |
| county
treasurer for deposit in the substance abuse | 24 |
| services fund under Section
5-1086.1 of the Counties Code;
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| (14.2) The court shall impose upon all defendants, | 26 |
| including those
defendants subject to paragraph (14.1) |
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| above, placed under direct supervision
of the Pretrial | 2 |
| Services Agency, Probation Department or Court Services
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| Department in a pretrial bond home supervision capacity | 4 |
| with the use of an
approved monitoring device, as a | 5 |
| condition of such bail bond, a fee
which shall represent | 6 |
| costs incidental to such
electronic monitoring for each day | 7 |
| of such bail supervision ordered by the
court, unless after | 8 |
| determining the inability of the defendant to pay the fee,
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| the court assesses a lesser fee or no fee as the case may | 10 |
| be. The fee shall be
collected by the clerk of the circuit | 11 |
| court. The clerk of the circuit court
shall pay all monies | 12 |
| collected from this fee to the county treasurer who shall
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| use the monies collected to defray the costs of | 14 |
| corrections. The county
treasurer shall deposit the fee | 15 |
| collected in the county working cash fund under
Section | 16 |
| 6-27001 or Section 6-29002 of the Counties Code, as the | 17 |
| case may
be;
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| (14.3) The Chief Judge of the Judicial Circuit may | 19 |
| establish reasonable
fees to be paid by a person receiving | 20 |
| pretrial services while under supervision
of a pretrial | 21 |
| services agency, probation department, or court services
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| department. Reasonable fees may be charged for pretrial | 23 |
| services
including, but not limited to, pretrial | 24 |
| supervision, diversion programs,
electronic monitoring, | 25 |
| victim impact services, drug and alcohol testing, DNA | 26 |
| testing, GPS electronic monitoring, assessments and |
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| evaluations related to domestic violence and other | 2 |
| victims, and
victim mediation services. The person | 3 |
| receiving pretrial services may be
ordered to pay all costs | 4 |
| incidental to pretrial services in accordance with his
or | 5 |
| her ability to pay those costs;
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| (14.4) For persons charged with violating Section | 7 |
| 11-501 of the Illinois
Vehicle Code, refrain from operating | 8 |
| a motor vehicle not equipped with an
ignition interlock | 9 |
| device, as defined in Section 1-129.1 of the Illinois
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| Vehicle Code,
pursuant to the rules promulgated by the | 11 |
| Secretary of State for the
installation of ignition
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| interlock devices. Under this condition the court may allow | 13 |
| a defendant who is
not
self-employed to operate a vehicle | 14 |
| owned by the defendant's employer that is
not equipped with | 15 |
| an ignition interlock device in the course and scope of the
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| defendant's employment;
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| (15) Comply with the terms and conditions of an order | 18 |
| of protection
issued by the court under the Illinois | 19 |
| Domestic Violence Act of 1986 or an
order of protection | 20 |
| issued by the court of another state, tribe, or United
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| States territory;
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| (16) Under Section 110-6.5 comply with the conditions | 23 |
| of the drug testing
program; and
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| (17) Such other reasonable conditions as the court may | 25 |
| impose.
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| (c) When a person is charged with an offense under Section |
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| 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the "Criminal Code of | 2 |
| 1961", involving a victim who is a
minor under 18 years of age | 3 |
| living in the same household with the defendant
at the time of | 4 |
| the offense, in granting bail or releasing the defendant on
his | 5 |
| own recognizance, the judge shall impose conditions to restrict | 6 |
| the
defendant's access to the victim which may include, but are | 7 |
| not limited to
conditions that he will:
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| 1. Vacate the Household.
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| 2. Make payment of temporary support to his dependents.
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| 3. Refrain from contact or communication with the child | 11 |
| victim, except
as ordered by the court.
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| (d) When a person is charged with a criminal offense and | 13 |
| the victim is
a family or household member as defined in | 14 |
| Article 112A, conditions shall
be imposed at the time of the | 15 |
| defendant's release on bond that restrict the
defendant's | 16 |
| access to the victim.
Unless provided otherwise by the court, | 17 |
| the
restrictions shall include
requirements that the defendant | 18 |
| do the following:
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| (1) refrain from contact or communication with the | 20 |
| victim for a
minimum period of 72 hours following the | 21 |
| defendant's release; and
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| (2) refrain from entering or remaining at the victim's | 23 |
| residence for a
minimum period of 72 hours following the | 24 |
| defendant's release.
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| (e) Local law enforcement agencies shall develop | 26 |
| standardized bond forms
for use in cases involving family or |
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| household members as defined in
Article 112A, including | 2 |
| specific conditions of bond as provided in
subsection (d). | 3 |
| Failure of any law enforcement department to develop or use
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| those forms shall in no way limit the applicability and | 5 |
| enforcement of
subsections (d) and (f).
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| (f) If the defendant is admitted to bail after conviction | 7 |
| the
conditions of the bail bond shall be that he will, in | 8 |
| addition to the
conditions set forth in subsections (a) and (b) | 9 |
| hereof:
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| (1) Duly prosecute his appeal;
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| (2) Appear at such time and place as the court may | 12 |
| direct;
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| (3) Not depart this State without leave of the court;
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| (4) Comply with such other reasonable conditions as the | 15 |
| court may
impose; and
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| (5) If the judgment is affirmed or the cause reversed | 17 |
| and remanded
for a new trial, forthwith surrender to the | 18 |
| officer from whose custody
he was bailed.
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| (g) Upon a finding of guilty for any felony offense, the | 20 |
| defendant shall
physically surrender, at a time and place | 21 |
| designated by the court,
any and all firearms in his or her | 22 |
| possession and his or her Firearm Owner's
Identification Card | 23 |
| as a condition of remaining on bond pending sentencing.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-590, eff. 1-1-06; | 25 |
| 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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