Full Text of SB2034 100th General Assembly
SB2034enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | ARTICLE 1. BAIL REFORM | 5 | | Section 1-1. This Article 1 may be referred to as the Bail | 6 | | Reform Act of 2017. | 7 | | Section 1-3. Legislative findings. | 8 | | The General Assembly recognizes that the promotion of | 9 | | public safety and protection of crime victim rights are 2 of | 10 | | the main focuses of our State's criminal justice system; it | 11 | | further acknowledges that protecting the rights of the accused | 12 | | is central to the integrity of our State's criminal justice | 13 | | system. With these focuses in mind, this amendatory Act of the | 14 | | 100th General Assembly establishes the Bail Reform Act of 2017 | 15 | | for the citizens of this State, in recognition that the | 16 | | decision-making behind pre-trial release shall not focus on a | 17 | | person's wealth and ability to afford monetary bail but shall | 18 | | instead focus on a person's threat to public safety or risk of | 19 | | failure to appear before a court of appropriate jurisdiction. | 20 | | Section 1-5. The Criminal Code of 2012 is amended by | 21 | | changing Section 33G-9 as follows: |
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| 1 | | (720 ILCS 5/33G-9) | 2 | | (Section scheduled to be repealed on June 11, 2017) | 3 | | Sec. 33G-9. Repeal. This Article is repealed on June 11, | 4 | | 2022 5 years after it becomes law .
| 5 | | (Source: P.A. 97-686, eff. 6-11-12.) | 6 | | Section 1-10. The Code of Criminal Procedure of 1963 is | 7 | | amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by | 8 | | adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows: | 9 | | (725 ILCS 5/102-7.1 new) | 10 | | Sec. 102-7.1. "Category A offense". | 11 | | "Category A offense" means a Class 1 felony, Class 2 | 12 | | felony, Class X felony, first degree murder, a violation of | 13 | | Section 11-204 of the Illinois Vehicle Code, a second or | 14 | | subsequent violation of Section 11-501 of the Illinois Vehicle | 15 | | Code, a violation of subsection (d) of Section 11-501 of the | 16 | | Illinois Vehicle Code, a violation of Section 11-401 of the | 17 | | Illinois Vehicle Code if the accident results in injury and the | 18 | | person failed to report the accident within 30 minutes, a | 19 | | violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, | 20 | | 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, | 21 | | 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 22 | | 12C-5, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code | 23 | | of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 |
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| 1 | | of the Criminal Code of 2012, a violation of paragraph (5) or | 2 | | (6) of subsection (b) of Section 10-9 of the Criminal Code of | 3 | | 2012, a violation of subsection (b) or (c) or paragraph (1) or | 4 | | (2) of subsection (a) of Section 11-1.50 of the Criminal Code | 5 | | of 2012, a violation of Section 12-7 of the Criminal Code of | 6 | | 2012 if the defendant inflicts bodily harm on the victim to | 7 | | obtain a confession, statement, or information, a violation of | 8 | | Section 12-7.5 of the Criminal Code of 2012 if the action | 9 | | results in bodily harm, a violation of paragraph (3) of | 10 | | subsection (b) of Section 17-2 of the Criminal Code of 2012, a | 11 | | violation of subdivision (a)(7)(ii) of Section 24-1 of the | 12 | | Criminal Code of 2012, a violation of paragraph (6) of | 13 | | subsection (a) of Section 24-1 of the Criminal Code of 2012, or | 14 | | a violation of Section 10 of the Sex Offender Registration Act. | 15 | | (725 ILCS 5/102-7.2 new) | 16 | | Sec. 102-7.2. "Category B offense". | 17 | | "Category B offense" means a business offense, petty | 18 | | offense, Class C misdemeanor, Class B misdemeanor, Class A | 19 | | misdemeanor, Class 3 felony, or Class 4 felony, which is not | 20 | | specified in Category A.
| 21 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| 22 | | Sec. 109-1. Person arrested.
| 23 | | (a) A person arrested with or without a warrant shall be | 24 | | taken without
unnecessary delay before the nearest and most |
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| 1 | | accessible judge
in that county, except when such county is a | 2 | | participant in a
regional jail authority, in which event such | 3 | | person may be taken to the
nearest and most accessible judge, | 4 | | irrespective of the county where such
judge presides,
and a | 5 | | charge shall be filed.
Whenever a person arrested either with | 6 | | or without a warrant is required
to be taken
before a judge, a | 7 | | charge
may be filed against such person by way of a two-way | 8 | | closed circuit
television system, except that a hearing to deny | 9 | | bail to the defendant may
not be conducted by way of closed | 10 | | circuit television.
| 11 | | (a-5) A person charged with an offense shall be allowed | 12 | | counsel at the hearing at which bail is determined under | 13 | | Article 110 of this Code. If the defendant desires counsel for | 14 | | his or her initial appearance but is unable to obtain counsel, | 15 | | the court shall appoint a public defender or licensed attorney | 16 | | at law of this State to represent him or her for purposes of | 17 | | that hearing. | 18 | | (b) The judge shall:
| 19 | | (1) Inform the defendant of the charge against him and | 20 | | shall provide him
with a copy of the charge;
| 21 | | (2) Advise the defendant of his right to counsel and if | 22 | | indigent shall
appoint a public defender or licensed | 23 | | attorney at law of this State to
represent him in | 24 | | accordance with the provisions of Section 113-3 of this
| 25 | | Code;
| 26 | | (3) Schedule a preliminary hearing in appropriate |
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| 1 | | cases;
| 2 | | (4) Admit the defendant to bail in accordance with the | 3 | | provisions of
Article 110 of this Code; and
| 4 | | (5) Order the confiscation of the person's passport or | 5 | | impose travel restrictions on a defendant arrested for | 6 | | first degree murder or other violent crime as defined in | 7 | | Section 3 of the Rights of Crime Victims and Witnesses Act, | 8 | | if the judge determines, based on the factors in Section | 9 | | 110-5 of this Code, that this will reasonably ensure the | 10 | | appearance of the defendant and compliance by the defendant | 11 | | with all conditions of release. | 12 | | (c) The court may issue an order of protection in | 13 | | accordance with
the provisions of Article 112A of this Code.
| 14 | | (d) At the initial appearance of a defendant in any | 15 | | criminal proceeding, the court must advise the defendant in | 16 | | open court that any foreign national who is arrested or | 17 | | detained has the right to have notice of the arrest or | 18 | | detention given to his or her country's consular | 19 | | representatives and the right to communicate with those | 20 | | consular representatives if the notice has not already been | 21 | | provided. The court must make a written record of so advising | 22 | | the defendant. | 23 | | (e) If consular notification is not provided to a defendant | 24 | | before his or her first appearance in court, the court shall | 25 | | grant any reasonable request for a continuance of the | 26 | | proceedings to allow contact with the defendant's consulate. |
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| 1 | | Any delay caused by the granting of the request by a defendant | 2 | | shall temporarily suspend for the time of the delay the period | 3 | | within which a person shall be tried as prescribed by | 4 | | subsections (a), (b), or (e) of Section 103-5 of this Code and | 5 | | on the day of the expiration of delay the period shall continue | 6 | | at the point at which it was suspended. | 7 | | (Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190, | 8 | | eff. 1-1-16 .)
| 9 | | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| 10 | | Sec. 110-5. Determining the amount of bail and conditions | 11 | | of release.
| 12 | | (a) In determining the amount of monetary bail or | 13 | | conditions of release, if
any,
which will reasonably assure the | 14 | | appearance of a defendant as required or
the safety of any | 15 | | other person or the community and the likelihood of
compliance | 16 | | by the
defendant with all the conditions of bail, the court | 17 | | shall, on the
basis of available information, take into account | 18 | | such matters as the
nature and circumstances of the offense | 19 | | charged, whether the evidence
shows that as part of the offense | 20 | | there was a use of violence or threatened
use of violence, | 21 | | whether the offense involved corruption of public
officials or | 22 | | employees, whether there was physical harm or threats of | 23 | | physical
harm to any
public official, public employee, judge, | 24 | | prosecutor, juror or witness,
senior citizen, child, or person | 25 | | with a disability, whether evidence shows that
during the |
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| 1 | | offense or during the arrest the defendant possessed or used a
| 2 | | firearm, machine gun, explosive or metal piercing ammunition or | 3 | | explosive
bomb device or any military or paramilitary armament,
| 4 | | whether the evidence
shows that the offense committed was | 5 | | related to or in furtherance of the
criminal activities of an | 6 | | organized gang or was motivated by the defendant's
membership | 7 | | in or allegiance to an organized gang,
the condition of the
| 8 | | victim, any written statement submitted by the victim or | 9 | | proffer or
representation by the State regarding the
impact | 10 | | which the alleged criminal conduct has had on the victim and | 11 | | the
victim's concern, if any, with further contact with the | 12 | | defendant if
released on bail, whether the offense was based on | 13 | | racial, religious,
sexual orientation or ethnic hatred,
the | 14 | | likelihood of the filing of a greater charge, the likelihood of
| 15 | | conviction, the sentence applicable upon conviction, the | 16 | | weight of the evidence
against such defendant, whether there | 17 | | exists motivation or ability to
flee, whether there is any | 18 | | verification as to prior residence, education,
or family ties | 19 | | in the local jurisdiction, in another county,
state or foreign | 20 | | country, the defendant's employment, financial resources,
| 21 | | character and mental condition, past conduct, prior use of | 22 | | alias names or
dates of birth, and length of residence in the | 23 | | community,
the consent of the defendant to periodic drug | 24 | | testing in accordance with
Section 110-6.5,
whether a foreign | 25 | | national defendant is lawfully admitted in the United
States of | 26 | | America, whether the government of the foreign national
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| 1 | | maintains an extradition treaty with the United States by which | 2 | | the foreign
government will extradite to the United States its | 3 | | national for a trial for
a crime allegedly committed in the | 4 | | United States, whether the defendant is
currently subject to | 5 | | deportation or exclusion under the immigration laws of
the | 6 | | United States, whether the defendant, although a United States | 7 | | citizen,
is considered under the law of any foreign state a | 8 | | national of that state
for the purposes of extradition or | 9 | | non-extradition to the United States,
the amount of unrecovered | 10 | | proceeds lost as a result of
the alleged offense, the
source of | 11 | | bail funds tendered or sought to be tendered for bail,
whether | 12 | | from the totality of the court's consideration,
the loss of | 13 | | funds posted or sought to be posted for bail will not deter the
| 14 | | defendant from flight, whether the evidence shows that the | 15 | | defendant is
engaged in significant
possession, manufacture, | 16 | | or delivery of a controlled substance or cannabis,
either | 17 | | individually or in consort with others,
whether at the time of | 18 | | the offense
charged he or she was on bond or pre-trial release | 19 | | pending trial, probation,
periodic imprisonment or conditional | 20 | | discharge pursuant to this Code or the
comparable Code of any | 21 | | other state or federal jurisdiction, whether the
defendant is | 22 | | on bond or
pre-trial release pending the imposition or | 23 | | execution of sentence or appeal of
sentence for any offense | 24 | | under the laws of Illinois or any other state or
federal | 25 | | jurisdiction, whether the defendant is under parole, aftercare | 26 | | release, mandatory
supervised release, or
work release from the |
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| 1 | | Illinois Department of Corrections or Illinois Department of | 2 | | Juvenile Justice or any penal
institution or corrections | 3 | | department of any state or federal
jurisdiction, the | 4 | | defendant's record of convictions, whether the defendant has | 5 | | been
convicted of a misdemeanor or ordinance offense in | 6 | | Illinois or similar
offense in other state or federal | 7 | | jurisdiction within the 10 years
preceding the current charge | 8 | | or convicted of a felony in Illinois, whether
the defendant was | 9 | | convicted of an offense in another state or federal
| 10 | | jurisdiction that would
be a felony if committed in Illinois | 11 | | within the 20 years preceding the
current charge or has been | 12 | | convicted of such felony and released from the
penitentiary | 13 | | within 20 years preceding the current charge if a
penitentiary | 14 | | sentence was imposed in Illinois or other state or federal
| 15 | | jurisdiction, the defendant's records of juvenile adjudication | 16 | | of delinquency in any
jurisdiction, any record of appearance or | 17 | | failure to appear by
the defendant at
court proceedings, | 18 | | whether there was flight to avoid arrest or
prosecution, | 19 | | whether the defendant escaped or
attempted to escape to avoid | 20 | | arrest, whether the defendant refused to
identify himself or | 21 | | herself, or whether there was a refusal by the defendant to be
| 22 | | fingerprinted as required by law. Information used by the court | 23 | | in its
findings or stated in or
offered in connection with this | 24 | | Section may be by way of proffer based upon
reliable | 25 | | information offered by the State or defendant.
All evidence | 26 | | shall be admissible if it is relevant and
reliable regardless |
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| 1 | | of whether it would be admissible under the rules of
evidence | 2 | | applicable at criminal trials.
If the State presents evidence | 3 | | that the offense committed by the defendant
was related to or | 4 | | in furtherance of the criminal activities of an organized
gang | 5 | | or was motivated by the defendant's membership in or allegiance | 6 | | to an
organized gang, and if the court determines that the | 7 | | evidence may be
substantiated, the court shall prohibit the | 8 | | defendant from associating with
other members of the organized | 9 | | gang as a condition of bail or release.
For the purposes of | 10 | | this Section,
"organized gang" has the meaning ascribed to it | 11 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 12 | | Prevention Act.
| 13 | | (a-5) There shall be a presumption that any conditions of | 14 | | release imposed shall be non-monetary in nature and the court | 15 | | shall impose the least restrictive conditions or combination of | 16 | | conditions necessary to reasonably assure the appearance of the | 17 | | defendant for further court proceedings and protect the | 18 | | integrity of
the judicial proceedings from a specific threat to | 19 | | a witness or
participant. Conditions of release may include, | 20 | | but not be limited to, electronic home monitoring, curfews, | 21 | | drug counseling, stay-away orders, and in-person reporting. | 22 | | The court shall consider the defendant's socio-economic | 23 | | circumstance when setting conditions of release or imposing | 24 | | monetary bail. | 25 | | (b) The amount of bail shall be:
| 26 | | (1) Sufficient to assure compliance with the |
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| 1 | | conditions set forth in the
bail bond, which shall include | 2 | | the defendant's current address with a written
| 3 | | admonishment to the defendant that he or she must comply | 4 | | with the provisions of
Section 110-12 regarding any change | 5 | | in his or her address. The defendant's
address shall at all | 6 | | times remain a matter of public record with the clerk
of | 7 | | the court.
| 8 | | (2) Not oppressive.
| 9 | | (3) Considerate of the financial ability of the | 10 | | accused.
| 11 | | (4) When a person is charged with a drug related | 12 | | offense involving
possession or delivery of cannabis or | 13 | | possession or delivery of a
controlled substance as defined | 14 | | in the Cannabis Control Act,
the Illinois Controlled | 15 | | Substances Act, or the Methamphetamine Control and | 16 | | Community Protection Act, the full street value
of the | 17 | | drugs seized shall be considered. "Street value" shall be
| 18 | | determined by the court on the basis of a proffer by the | 19 | | State based upon
reliable information of a law enforcement | 20 | | official contained in a written
report as to the amount | 21 | | seized and such proffer may be used by the court as
to the | 22 | | current street value of the smallest unit of the drug | 23 | | seized.
| 24 | | (b-5) Upon the filing of a written request demonstrating | 25 | | reasonable cause, the State's Attorney may request a source of | 26 | | bail hearing either before or after the posting of any funds.
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| 1 | | If the hearing is granted, before the posting of any bail, the | 2 | | accused must file a written notice requesting that the court | 3 | | conduct a source of bail hearing. The notice must be | 4 | | accompanied by justifying affidavits stating the legitimate | 5 | | and lawful source of funds for bail. At the hearing, the court | 6 | | shall inquire into any matters stated in any justifying | 7 | | affidavits, and may also inquire into matters appropriate to | 8 | | the determination which shall include, but are not limited to, | 9 | | the following: | 10 | | (1) the background, character, reputation, and | 11 | | relationship to the accused of any surety; and | 12 | | (2) the source of any money or property deposited by | 13 | | any surety, and whether any such money or property | 14 | | constitutes the fruits of criminal or unlawful conduct; and | 15 | | (3) the source of any money posted as cash bail, and | 16 | | whether any such money constitutes the fruits of criminal | 17 | | or unlawful conduct; and | 18 | | (4) the background, character, reputation, and | 19 | | relationship to the accused of the person posting cash | 20 | | bail. | 21 | | Upon setting the hearing, the court shall examine, under | 22 | | oath, any persons who may possess material information. | 23 | | The State's Attorney has a right to attend the hearing, to | 24 | | call witnesses and to examine any witness in the proceeding. | 25 | | The court shall, upon request of the State's Attorney, continue | 26 | | the proceedings for a reasonable period to allow the State's |
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| 1 | | Attorney to investigate the matter raised in any testimony or | 2 | | affidavit.
If the hearing is granted after the accused has | 3 | | posted bail, the court shall conduct a hearing consistent with | 4 | | this subsection (b-5). At the conclusion of the hearing, the | 5 | | court must issue an order either approving of disapproving the | 6 | | bail.
| 7 | | (c) When a person is charged with an offense punishable by | 8 | | fine only the
amount of the bail shall not exceed double the | 9 | | amount of the maximum penalty.
| 10 | | (d) When a person has been convicted of an offense and only | 11 | | a fine has
been imposed the amount of the bail shall not exceed | 12 | | double the amount of
the fine.
| 13 | | (e) The State may appeal any order granting bail or setting
| 14 | | a given amount for bail. | 15 | | (f) When a person is charged with a violation of an order | 16 | | of protection under Section 12-3.4 or 12-30 of the Criminal | 17 | | Code of 1961 or the Criminal Code of 2012 or when a person is | 18 | | charged with domestic battery, aggravated domestic battery, | 19 | | kidnapping, aggravated kidnaping, unlawful restraint, | 20 | | aggravated unlawful restraint, stalking, aggravated stalking, | 21 | | cyberstalking, harassment by telephone, harassment through | 22 | | electronic communications, or an attempt to commit first degree | 23 | | murder committed against an intimate partner regardless | 24 | | whether an order of protection has been issued against the | 25 | | person, | 26 | | (1) whether the alleged incident involved harassment |
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| 1 | | or abuse, as defined in the Illinois Domestic Violence Act | 2 | | of 1986; | 3 | | (2) whether the person has a history of domestic | 4 | | violence, as defined in the Illinois Domestic Violence Act, | 5 | | or a history of other criminal acts; | 6 | | (3) based on the mental health of the person; | 7 | | (4) whether the person has a history of violating the | 8 | | orders of any court or governmental entity; | 9 | | (5) whether the person has been, or is, potentially a | 10 | | threat to any other person; | 11 | | (6) whether the person has access to deadly weapons or | 12 | | a history of using deadly weapons; | 13 | | (7) whether the person has a history of abusing alcohol | 14 | | or any controlled substance; | 15 | | (8) based on the severity of the alleged incident that | 16 | | is the basis of the alleged offense, including, but not | 17 | | limited to, the duration of the current incident, and | 18 | | whether the alleged incident involved the use of a weapon, | 19 | | physical injury, sexual assault, strangulation, abuse | 20 | | during the alleged victim's pregnancy, abuse of pets, or | 21 | | forcible entry to gain access to the alleged victim; | 22 | | (9) whether a separation of the person from the alleged | 23 | | victim or a termination of the relationship between the | 24 | | person and the alleged victim has recently occurred or is | 25 | | pending; | 26 | | (10) whether the person has exhibited obsessive or |
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| 1 | | controlling behaviors toward the alleged victim, | 2 | | including, but not limited to, stalking, surveillance, or | 3 | | isolation of the alleged victim or victim's family member | 4 | | or members; | 5 | | (11) whether the person has expressed suicidal or | 6 | | homicidal ideations; | 7 | | (12) based on any information contained in the | 8 | | complaint and any police reports, affidavits, or other | 9 | | documents accompanying the complaint, | 10 | | the court may, in its discretion, order the respondent to | 11 | | undergo a risk assessment evaluation using a recognized, | 12 | | evidence-based instrument conducted by an Illinois Department | 13 | | of Human Services approved partner abuse intervention program | 14 | | provider, pretrial service, probation, or parole agency. These | 15 | | agencies shall have access to summaries of the defendant's | 16 | | criminal history, which shall not include victim interviews or | 17 | | information, for the risk evaluation. Based on the information | 18 | | collected from the 12 points to be considered at a bail hearing | 19 | | under this subsection (f), the results of any risk evaluation | 20 | | conducted and the other circumstances of the violation, the | 21 | | court may order that the person, as a condition of bail, be | 22 | | placed under electronic surveillance as provided in Section | 23 | | 5-8A-7 of the Unified Code of Corrections. Upon making a | 24 | | determination whether or not to order the respondent to undergo | 25 | | a risk assessment evaluation or to be placed under electronic | 26 | | surveillance and risk assessment, the court shall document in |
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| 1 | | the record the court's reasons for making those determinations. | 2 | | The cost of the electronic surveillance and risk assessment | 3 | | shall be paid by, or on behalf, of the defendant. As used in | 4 | | this subsection (f), "intimate partner" means a spouse or a | 5 | | current or former partner in a cohabitation or dating | 6 | | relationship.
| 7 | | (Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15; | 8 | | 99-143, eff. 7-27-15.)
| 9 | | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| 10 | | Sec. 110-6. Modification of bail or conditions. | 11 | | (a) Upon verified application by
the State or the defendant | 12 | | or on its own motion the court before which the
proceeding is
| 13 | | pending may increase or reduce the amount of bail or may alter | 14 | | the
conditions of the bail bond or grant bail where it has been | 15 | | previously
revoked or denied.
If bail has been previously | 16 | | revoked pursuant to subsection (f) of this
Section or if bail | 17 | | has been denied to the defendant pursuant to subsection
(e) of | 18 | | Section 110-6.1 or subsection (e) of Section 110-6.3, the | 19 | | defendant
shall
be required to present a
verified application | 20 | | setting forth in detail any new facts not known or
obtainable | 21 | | at the time of the previous revocation or denial of bail
| 22 | | proceedings. If the court grants bail where it has been | 23 | | previously revoked
or denied, the court shall state on the | 24 | | record of the proceedings the
findings of facts and conclusion | 25 | | of law upon which such order is based.
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| 1 | | (a-5) In addition to any other available motion or | 2 | | procedure under this Code, a person in custody for a Category B | 3 | | offense due to an inability to post monetary bail shall be | 4 | | brought before the court at the next available court date or 7 | 5 | | calendar days from the date bail was set, whichever is earlier, | 6 | | for a rehearing on the amount or conditions of bail or release | 7 | | pending further court proceedings. The court may reconsider | 8 | | conditions of release for any other person whose inability to | 9 | | post monetary bail is the sole reason for continued | 10 | | incarceration, including a person in custody for a Category A | 11 | | offense. | 12 | | (b) Violation of the conditions of Section
110-10 of this | 13 | | Code or any special conditions of bail as ordered by the
court | 14 | | shall constitute grounds for the court to increase
the amount | 15 | | of bail, or otherwise alter the conditions of bail, or, where
| 16 | | the alleged offense committed on bail is a forcible felony in | 17 | | Illinois or
a Class 2 or greater offense under the Illinois
| 18 | | Controlled Substances Act, the
Cannabis Control Act, or the | 19 | | Methamphetamine Control and Community Protection Act, revoke | 20 | | bail
pursuant to the appropriate provisions of subsection (e) | 21 | | of this
Section.
| 22 | | (c) Reasonable notice of such application by the defendant | 23 | | shall be
given to the State.
| 24 | | (d) Reasonable notice of such application by the State | 25 | | shall be
given to the defendant, except as provided in | 26 | | subsection (e).
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| 1 | | (e) Upon verified application by the State stating facts or
| 2 | | circumstances constituting a violation or a threatened
| 3 | | violation of any of the
conditions of the bail bond the court | 4 | | may issue a warrant commanding any
peace officer to bring the | 5 | | defendant without unnecessary delay before
the court for a | 6 | | hearing on the matters set forth in the application. If
the | 7 | | actual court before which the proceeding is pending is absent | 8 | | or
otherwise unavailable another court may issue a warrant | 9 | | pursuant to this
Section. When the defendant is charged with a | 10 | | felony offense and while
free on bail is charged with a | 11 | | subsequent felony offense and is the subject
of a proceeding | 12 | | set forth in Section 109-1 or 109-3 of this Code, upon the
| 13 | | filing of a verified petition by the State alleging a violation | 14 | | of Section
110-10 (a) (4) of this Code, the court shall without | 15 | | prior notice to the
defendant, grant leave to file such | 16 | | application and shall order the
transfer of the defendant and | 17 | | the application without unnecessary delay to
the court before | 18 | | which the previous felony matter is pending for a hearing
as | 19 | | provided in subsection (b) or this subsection of this Section. | 20 | | The
defendant shall be held
without bond pending transfer to | 21 | | and a hearing before such court. At
the conclusion of the | 22 | | hearing based on a violation of the conditions of
Section | 23 | | 110-10 of this Code or any special conditions of bail as | 24 | | ordered by
the court the court may enter an order
increasing | 25 | | the amount of bail or alter the conditions of bail as deemed
| 26 | | appropriate.
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| 1 | | (f) Where the alleged violation consists of the violation | 2 | | of
one or more felony statutes of any jurisdiction which would | 3 | | be a
forcible felony in Illinois or a Class 2 or greater | 4 | | offense under the
Illinois Controlled Substances Act, the
| 5 | | Cannabis Control Act, or the Methamphetamine Control and | 6 | | Community Protection Act and the
defendant is on bail for the | 7 | | alleged
commission of a felony, or where the defendant is on | 8 | | bail for a felony
domestic battery (enhanced pursuant to | 9 | | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | 10 | | or the Criminal Code of 2012), aggravated
domestic battery, | 11 | | aggravated battery, unlawful restraint, aggravated unlawful
| 12 | | restraint or domestic battery in violation
of item (1) of | 13 | | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | 14 | | or the Criminal Code of 2012
against a
family or household | 15 | | member as defined in Section 112A-3 of this Code and the
| 16 | | violation is an offense of domestic battery against
the same | 17 | | victim the court shall, on the motion of the State
or its own | 18 | | motion, revoke bail
in accordance with the following | 19 | | provisions:
| 20 | | (1) The court shall hold the defendant without bail | 21 | | pending
the hearing on the alleged breach; however, if the | 22 | | defendant
is not admitted to bail the
hearing shall be | 23 | | commenced within 10 days from the date the defendant is
| 24 | | taken into custody or the defendant may not be held any | 25 | | longer without bail, unless delay is occasioned by the | 26 | | defendant. Where defendant
occasions the delay, the |
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| 1 | | running of the 10 day period is temporarily
suspended and | 2 | | resumes at the termination of the period of delay. Where
| 3 | | defendant occasions the delay with 5 or fewer days | 4 | | remaining in the 10
day period, the court may grant a | 5 | | period of up to 5 additional days to
the State for good | 6 | | cause shown. The State, however, shall retain the
right to | 7 | | proceed to hearing on the alleged violation at any time, | 8 | | upon
reasonable notice to the defendant and the court.
| 9 | | (2) At a hearing on the alleged violation the State has | 10 | | the burden
of going forward and proving the violation by | 11 | | clear and convincing
evidence. The evidence shall be | 12 | | presented in open court with the
opportunity to testify, to | 13 | | present witnesses in his behalf, and to
cross-examine | 14 | | witnesses if any are called by the State, and | 15 | | representation
by counsel and
if the defendant is indigent | 16 | | to have counsel appointed for him. The
rules of evidence | 17 | | applicable in criminal trials in this State shall not
| 18 | | govern the admissibility of evidence at such hearing.
| 19 | | Information used by the court in its findings or stated in | 20 | | or offered in
connection with hearings for increase or | 21 | | revocation of bail may be by way
of proffer based upon | 22 | | reliable information offered by the State or
defendant. All | 23 | | evidence shall be admissible if it is relevant and reliable
| 24 | | regardless of whether it would be admissible under the | 25 | | rules of evidence
applicable at criminal trials. A motion | 26 | | by the defendant to suppress
evidence or to suppress a |
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| 1 | | confession shall not be entertained at such a
hearing. | 2 | | Evidence that proof may have been obtained as a result of | 3 | | an
unlawful search and seizure or through improper | 4 | | interrogation is not
relevant to this hearing.
| 5 | | (3) Upon a finding by the court that the State has | 6 | | established by
clear and convincing evidence that the | 7 | | defendant has committed a
forcible felony or a Class 2 or | 8 | | greater offense under the Illinois Controlled
Substances | 9 | | Act, the Cannabis Control Act, or the Methamphetamine | 10 | | Control and Community Protection Act while admitted to | 11 | | bail, or where the
defendant is on bail for a felony | 12 | | domestic battery (enhanced pursuant to
subsection (b) of | 13 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012), aggravated
domestic battery, aggravated | 15 | | battery, unlawful
restraint, aggravated unlawful restraint | 16 | | or domestic battery in violation of
item (1) of subsection | 17 | | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012
against
a family or household member | 19 | | as defined in
Section 112A-3 of this Code and the violation | 20 | | is an offense of domestic
battery, against the same victim, | 21 | | the court
shall revoke the bail of
the defendant and hold | 22 | | the defendant for trial without bail. Neither the
finding | 23 | | of the court nor any transcript or other record of the | 24 | | hearing
shall be admissible in the State's case in chief, | 25 | | but shall be admissible
for impeachment, or as provided in | 26 | | Section 115-10.1 of this Code or in a
perjury proceeding.
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| 1 | | (4) If the bail of any defendant is revoked pursuant to | 2 | | paragraph
(f) (3) of this Section, the defendant may demand | 3 | | and shall be entitled
to be brought to trial on the offense | 4 | | with respect to which he was
formerly released on bail | 5 | | within 90 days after the date on which his
bail was | 6 | | revoked. If the defendant is not brought to trial within | 7 | | the
90 day period required by the preceding sentence, he | 8 | | shall not be held
longer without bail. In computing the 90 | 9 | | day period, the court shall
omit any period of delay | 10 | | resulting from a continuance granted at the
request of the | 11 | | defendant.
| 12 | | (5) If the defendant either is arrested on a warrant | 13 | | issued pursuant
to this Code or is arrested for an | 14 | | unrelated offense and it is subsequently
discovered that | 15 | | the defendant is a subject of another warrant or warrants
| 16 | | issued pursuant to this Code, the defendant shall be | 17 | | transferred promptly
to the court which issued such | 18 | | warrant. If, however, the defendant appears
initially | 19 | | before a court other than the court which issued such | 20 | | warrant,
the non-issuing court shall not alter the amount | 21 | | of bail heretofore set on
such warrant unless the court | 22 | | sets forth on the record of proceedings the
conclusions of | 23 | | law and facts which are the basis for such altering of
| 24 | | another court's bond. The non-issuing court shall not alter | 25 | | another courts
bail set on a warrant unless the interests | 26 | | of justice and public safety are
served by such action.
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| 1 | | (g) The State may appeal any order where the court has | 2 | | increased or reduced
the amount of bail or altered the | 3 | | conditions of the bail bond or granted bail where it has | 4 | | previously been revoked.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (725 ILCS 5/110-6.4 new) | 7 | | Sec. 110-6.4. Statewide risk assessment tool. | 8 | | The Supreme Court may establish a statewide | 9 | | risk-assessment tool to be used in proceedings to assist the | 10 | | court in establishing bail for a defendant by assessing the | 11 | | defendant's likelihood of appearing at future court | 12 | | proceedings or determining if the defendant poses a real and | 13 | | present threat to the physical safety of any person or persons. | 14 | | The Supreme Court shall consider establishing a | 15 | | risk-assessment tool that does not discriminate on the basis of | 16 | | race, gender, educational level, socio-economic status, or | 17 | | neighborhood. If a risk assessment tool is utilized within a | 18 | | circuit that does not require a personal interview to be | 19 | | completed, the Chief Judge of the circuit or the Director of | 20 | | the Pre-trial Services Agency may exempt the requirement under | 21 | | Section 9 and subsection (a) of Section 7 of the Pretrial | 22 | | Services Act. | 23 | | For the purpose of this Section, "risk assessment tool" | 24 | | means an empirically validated, evidence-based screening | 25 | | instrument that demonstrates reduced instances of a |
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| 1 | | defendant's failure to appear for further court proceedings or | 2 | | prevents future criminal activity.
| 3 | | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| 4 | | Sec. 110-14. Credit for incarceration on bailable offense; | 5 | | credit against monetary bail for certain offenses | 6 | | Incarceration on Bailable Offense . | 7 | | (a) Any person incarcerated on a bailable offense who does | 8 | | not supply
bail and against whom a fine is levied on conviction | 9 | | of the such offense
shall be allowed a credit of $5 for each | 10 | | day so incarcerated upon application
of the defendant. However,
| 11 | | in no case shall the amount so allowed or
credited exceed the | 12 | | amount of the fine. | 13 | | (b) Subsection (a) does not apply to a person incarcerated | 14 | | for sexual assault as defined in paragraph (1) of subsection | 15 | | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| 16 | | (c) A person subject to bail on a Category B offense shall | 17 | | have $30 deducted from his or her monetary bail every day the | 18 | | person is incarcerated.
| 19 | | (Source: P.A. 93-699, eff. 1-1-05.)
| 20 | | ARTICLE 5. THREATENING PUBLIC OFFICIALS | 21 | | Section 5-5. The Criminal Code of 2012 is amended by | 22 | | changing Section 12-9 as follows:
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| 1 | | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| 2 | | Sec. 12-9. Threatening public officials; human service | 3 | | providers.
| 4 | | (a) A person commits threatening a public official or human | 5 | | service provider when:
| 6 | | (1) that person knowingly delivers or conveys, | 7 | | directly
or indirectly, to a public official or human | 8 | | service provider by any means a communication:
| 9 | | (i) containing a threat that would place
the public | 10 | | official or human service provider or a member of his | 11 | | or her immediate family in reasonable
apprehension of | 12 | | immediate or future bodily harm, sexual assault, | 13 | | confinement,
or restraint; or
| 14 | | (ii) containing a threat that would place the | 15 | | public official
or human service provider or a member | 16 | | of his or her immediate family in reasonable | 17 | | apprehension that
damage will occur to property in the | 18 | | custody, care, or control of the public
official or his | 19 | | or her immediate family; and
| 20 | | (2) the threat was conveyed because of the performance | 21 | | or nonperformance
of some public duty or duty as a human | 22 | | service provider, because of hostility of the person making | 23 | | the threat
toward the status or position of the public | 24 | | official or the human service provider, or because of any
| 25 | | other factor related to the official's public existence.
| 26 | | (a-5) For purposes of a threat to a sworn law enforcement |
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| 1 | | officer, the threat must contain specific facts indicative of a | 2 | | unique threat to the person, family or property of the officer | 3 | | and not a generalized threat of harm.
| 4 | | (a-6) For purposes of a threat to a social worker, | 5 | | caseworker, investigator, or human service provider, the | 6 | | threat must contain specific facts indicative of a unique | 7 | | threat to the person, family or property of the individual and | 8 | | not a generalized threat of harm. | 9 | | (b) For purposes of this Section:
| 10 | | (1) "Public official"
means a person who is elected to | 11 | | office in accordance with a statute or
who is appointed to | 12 | | an office which is established, and the qualifications
and | 13 | | duties of which are prescribed, by statute, to discharge a | 14 | | public duty
for the State or any of its political | 15 | | subdivisions or in the case of
an elective office any | 16 | | person who has filed the required documents for
nomination | 17 | | or election to such office. "Public official" includes a
| 18 | | duly
appointed assistant State's Attorney, assistant | 19 | | Attorney General, or Appellate Prosecutor; a sworn law | 20 | | enforcement or peace officer; a social worker, caseworker, | 21 | | attorney, or investigator employed by the Department of | 22 | | Healthcare and Family Services, the Department of Human | 23 | | Services, or the Department of Children and Family | 24 | | Services , or the Guardianship and Advocacy Commission; or | 25 | | an assistant public guardian, attorney, social worker, | 26 | | case manager, or investigator employed by a duly appointed |
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| 1 | | public guardian .
| 2 | | (1.5) "Human service provider" means a social worker, | 3 | | case worker, or investigator employed by an agency or | 4 | | organization providing social work, case work, or | 5 | | investigative services under a contract with or a grant | 6 | | from the Department of Human Services, the Department of | 7 | | Children and Family Services, the Department of Healthcare | 8 | | and Family Services, or the Department on Aging.
| 9 | | (2) "Immediate family" means a
public official's | 10 | | spouse or child or children.
| 11 | | (c) Threatening a public official or human service provider | 12 | | is a Class 3 felony for a
first offense and a Class 2 felony for | 13 | | a second or subsequent offense.
| 14 | | (Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)
| 15 | | ARTICLE 99. EFFECTIVE DATE | 16 | | Section 99-99. Effective date. This Section and Section 1-5 | 17 | | take effect upon becoming law. |
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