Full Text of HB2308 101st General Assembly
HB2308enr 101ST 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 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-10 as follows:
| 6 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| 7 | | Sec. 110-10. Conditions of bail bond.
| 8 | | (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:
| 12 | | (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;
| 15 | | (2) Submit himself or herself to the orders and process | 16 | | of the court;
| 17 | | (3) Not depart this State without leave of the court;
| 18 | | (4) Not violate any criminal statute of any | 19 | | jurisdiction;
| 20 | | (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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| 1 | | her Firearm Owner's Identification Card to the clerk of the
| 2 | | 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 or the | 9 | | Criminal Code of 2012; the court
may,
however, forgo the | 10 | | imposition of this condition when the
circumstances of the
| 11 | | case clearly do not warrant it or when its imposition would | 12 | | be
impractical;
if the Firearm Owner's Identification Card | 13 | | is confiscated, the clerk of the circuit court shall mail | 14 | | the confiscated card to the Illinois State Police; all | 15 | | legally possessed firearms shall be returned to the person | 16 | | upon
the charges being dismissed, or if the person is found | 17 | | not guilty, unless the
finding of not guilty is by reason | 18 | | of insanity; and
| 19 | | (6) At a time and place designated by the court, submit | 20 | | to a
psychological
evaluation when the person has been | 21 | | charged with a violation of item (4) of
subsection
(a) of | 22 | | Section 24-1 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012 and that violation occurred in
a school
or in | 24 | | any conveyance owned, leased, or contracted by a school to | 25 | | transport
students to or
from school or a school-related | 26 | | activity, or on any public way within 1,000
feet of real
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| 1 | | property comprising any school.
| 2 | | Psychological evaluations ordered pursuant to this Section | 3 | | shall be completed
promptly
and made available to the State, | 4 | | the defendant, and the court. As a further
condition of bail | 5 | | under
these circumstances, the court shall order the defendant | 6 | | to refrain from
entering upon the
property of the school, | 7 | | including any conveyance owned, leased, or contracted
by a | 8 | | school to
transport students to or from school or a | 9 | | school-related activity, or on any public way within
1,000 feet | 10 | | of real property comprising any school. Upon receipt of the | 11 | | psychological evaluation,
either the State or the defendant may | 12 | | request a change in the conditions of bail, pursuant to
Section | 13 | | 110-6 of this Code. The court may change the conditions of bail | 14 | | to include a
requirement that the defendant follow the | 15 | | recommendations of the psychological evaluation,
including | 16 | | undergoing psychiatric treatment. The conclusions of the
| 17 | | psychological evaluation and
any statements elicited from the | 18 | | defendant during its administration are not
admissible as | 19 | | evidence
of guilt during the course of any trial on the charged | 20 | | offense, unless the
defendant places his or her
mental | 21 | | competency in issue.
| 22 | | (b) The court may impose other conditions, such as the | 23 | | following, if the
court finds that such conditions are | 24 | | reasonably necessary to assure the
defendant's appearance in | 25 | | court, protect the public from the defendant, or
prevent the | 26 | | defendant's unlawful interference with the orderly |
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| 1 | | administration
of justice:
| 2 | | (1) Report to or appear in person before such person or | 3 | | agency as the
court may direct;
| 4 | | (2) Refrain from possessing a firearm or other | 5 | | dangerous weapon;
| 6 | | (3) Refrain from approaching or communicating with | 7 | | particular persons or
classes of persons;
| 8 | | (4) Refrain from going to certain described | 9 | | geographical areas or
premises;
| 10 | | (5) Refrain from engaging in certain activities or | 11 | | indulging in
intoxicating liquors or in certain drugs;
| 12 | | (6) Undergo treatment for drug addiction or | 13 | | alcoholism;
| 14 | | (7) Undergo medical or psychiatric treatment;
| 15 | | (8) Work or pursue a course of study or vocational | 16 | | training;
| 17 | | (9) Attend or reside in a facility designated by the | 18 | | court;
| 19 | | (10) Support his or her dependents;
| 20 | | (11) If a minor resides with his or her parents or in a | 21 | | foster home,
attend school, attend a non-residential | 22 | | program for youths, and contribute
to his or her own | 23 | | support at home or in a foster home;
| 24 | | (12) Observe any curfew ordered by the court;
| 25 | | (13) Remain in the custody of such designated person or | 26 | | organization
agreeing to supervise his release. Such third |
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| 1 | | party custodian shall be
responsible for notifying the | 2 | | court if the defendant fails to observe the
conditions of | 3 | | release which the custodian has agreed to monitor, and | 4 | | shall
be subject to contempt of court for failure so to | 5 | | notify the court;
| 6 | | (14) Be placed under direct supervision of the Pretrial | 7 | | Services
Agency, Probation Department or Court Services | 8 | | Department in a pretrial
bond home supervision capacity | 9 | | with or without the use of an approved
electronic | 10 | | monitoring device subject to Article 8A of Chapter V of the
| 11 | | Unified Code of Corrections;
| 12 | | (14.1) The court shall impose upon a defendant who is | 13 | | charged with any
alcohol, cannabis, methamphetamine, or | 14 | | controlled substance violation and is placed under
direct | 15 | | supervision of the Pretrial Services Agency, Probation | 16 | | Department or
Court Services Department in a pretrial bond | 17 | | home supervision capacity with
the use of an approved | 18 | | monitoring device, as a condition of such bail bond,
a fee | 19 | | that represents costs incidental to the electronic | 20 | | monitoring for each
day of such bail supervision ordered by | 21 | | the
court, unless after determining the inability of the | 22 | | defendant to pay the
fee, the court assesses a lesser fee | 23 | | or no fee as the case may be. The fee
shall be collected by | 24 | | the clerk of the circuit court, except as provided in an | 25 | | administrative order of the Chief Judge of the circuit | 26 | | court. The clerk of the
circuit court shall pay all monies |
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| 1 | | collected from this fee to the county
treasurer for deposit | 2 | | in the substance abuse services fund under Section
5-1086.1 | 3 | | of the Counties Code, except as provided in an | 4 | | administrative order of the Chief Judge of the circuit | 5 | | court. | 6 | | The Chief Judge of the circuit court of the county may | 7 | | by administrative order establish a program for electronic | 8 | | monitoring of offenders with regard to drug-related and | 9 | | alcohol-related offenses, in which a vendor supplies and | 10 | | monitors the operation of the electronic monitoring | 11 | | device, and collects the fees on behalf of the county. The | 12 | | program shall include provisions for indigent offenders | 13 | | and the collection of unpaid fees. The program shall not | 14 | | unduly burden the offender and shall be subject to review | 15 | | by the Chief Judge. | 16 | | The Chief Judge of the circuit court may suspend any | 17 | | additional charges or fees for late payment, interest, or | 18 | | damage to any device;
| 19 | | (14.2) The court shall impose upon all defendants, | 20 | | including those
defendants subject to paragraph (14.1) | 21 | | above, placed under direct supervision
of the Pretrial | 22 | | Services Agency, Probation Department or Court Services
| 23 | | Department in a pretrial bond home supervision capacity | 24 | | with the use of an
approved monitoring device, as a | 25 | | condition of such bail bond, a fee
which shall represent | 26 | | costs incidental to such
electronic monitoring for each day |
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| 1 | | of such bail supervision ordered by the
court, unless after | 2 | | determining the inability of the defendant to pay the fee,
| 3 | | the court assesses a lesser fee or no fee as the case may | 4 | | be. The fee shall be
collected by the clerk of the circuit | 5 | | court, except as provided in an administrative order of the | 6 | | Chief Judge of the circuit court. The clerk of the circuit | 7 | | court
shall pay all monies collected from this fee to the | 8 | | county treasurer who shall
use the monies collected to | 9 | | defray the costs of corrections. The county
treasurer shall | 10 | | deposit the fee collected in the county working cash fund | 11 | | under
Section 6-27001 or Section 6-29002 of the Counties | 12 | | Code, as the case may
be, except as provided in an | 13 | | administrative order of the Chief Judge of the circuit | 14 | | court. | 15 | | The Chief Judge of the circuit court of the county may | 16 | | by administrative order establish a program for electronic | 17 | | monitoring of offenders with regard to drug-related and | 18 | | alcohol-related offenses, in which a vendor supplies and | 19 | | monitors the operation of the electronic monitoring | 20 | | device, and collects the fees on behalf of the county. The | 21 | | program shall include provisions for indigent offenders | 22 | | and the collection of unpaid fees. The program shall not | 23 | | unduly burden the offender and shall be subject to review | 24 | | by the Chief Judge. | 25 | | The Chief Judge of the circuit court may suspend any | 26 | | additional charges or fees for late payment, interest, or |
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| 1 | | damage to any device;
| 2 | | (14.3) The Chief Judge of the Judicial Circuit may | 3 | | establish reasonable
fees to be paid by a person receiving | 4 | | pretrial services while under supervision
of a pretrial | 5 | | services agency, probation department, or court services
| 6 | | department. Reasonable fees may be charged for pretrial | 7 | | services
including, but not limited to, pretrial | 8 | | supervision, diversion programs,
electronic monitoring, | 9 | | victim impact services, drug and alcohol testing, DNA | 10 | | testing, GPS electronic monitoring, assessments and | 11 | | evaluations related to domestic violence and other | 12 | | victims, and
victim mediation services. The person | 13 | | receiving pretrial services may be
ordered to pay all costs | 14 | | incidental to pretrial services in accordance with his
or | 15 | | her ability to pay those costs;
| 16 | | (14.4) For persons charged with violating Section | 17 | | 11-501 of the Illinois
Vehicle Code, refrain from operating | 18 | | a motor vehicle not equipped with an
ignition interlock | 19 | | device, as defined in Section 1-129.1 of the Illinois
| 20 | | Vehicle Code,
pursuant to the rules promulgated by the | 21 | | Secretary of State for the
installation of ignition
| 22 | | interlock devices. Under this condition the court may allow | 23 | | a defendant who is
not
self-employed to operate a vehicle | 24 | | owned by the defendant's employer that is
not equipped with | 25 | | an ignition interlock device in the course and scope of the
| 26 | | defendant's employment;
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| 1 | | (15) Comply with the terms and conditions of an order | 2 | | of protection
issued by the court under the Illinois | 3 | | Domestic Violence Act of 1986 or an
order of protection | 4 | | issued by the court of another state, tribe, or United
| 5 | | States territory;
| 6 | | (16) Under Section 110-6.5 comply with the conditions | 7 | | of the drug testing
program; and
| 8 | | (17) Such other reasonable conditions as the court may | 9 | | impose.
| 10 | | (c) When a person is charged with an offense under Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 12 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012, involving a victim who is a
minor under | 14 | | 18 years of age living in the same household with the defendant
| 15 | | at the time of the offense, in granting bail or releasing the | 16 | | defendant on
his own recognizance, the judge shall impose | 17 | | conditions to restrict the
defendant's access to the victim | 18 | | which may include, but are not limited to
conditions that he | 19 | | will:
| 20 | | 1. Vacate the household.
| 21 | | 2. Make payment of temporary support to his dependents.
| 22 | | 3. Refrain from contact or communication with the child | 23 | | victim, except
as ordered by the court.
| 24 | | (d) When a person is charged with a criminal offense and | 25 | | the victim is
a family or household member as defined in | 26 | | Article 112A, conditions shall
be imposed at the time of the |
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| 1 | | defendant's release on bond that restrict the
defendant's | 2 | | access to the victim.
Unless provided otherwise by the court, | 3 | | the
restrictions shall include
requirements that the defendant | 4 | | do the following:
| 5 | | (1) refrain from contact or communication with the | 6 | | victim for a
minimum period of 72 hours following the | 7 | | defendant's release; and
| 8 | | (2) refrain from entering or remaining at the victim's | 9 | | residence for a
minimum period of 72 hours following the | 10 | | defendant's release.
| 11 | | (e) Local law enforcement agencies shall develop | 12 | | standardized bond forms
for use in cases involving family or | 13 | | household members as defined in
Article 112A, including | 14 | | specific conditions of bond as provided in
subsection (d). | 15 | | Failure of any law enforcement department to develop or use
| 16 | | those forms shall in no way limit the applicability and | 17 | | enforcement of
subsections (d) and (f).
| 18 | | (f) If the defendant is admitted to bail after conviction | 19 | | the
conditions of the bail bond shall be that he will, in | 20 | | addition to the
conditions set forth in subsections (a) and (b) | 21 | | hereof:
| 22 | | (1) Duly prosecute his appeal;
| 23 | | (2) Appear at such time and place as the court may | 24 | | direct;
| 25 | | (3) Not depart this State without leave of the court;
| 26 | | (4) Comply with such other reasonable conditions as the |
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| 1 | | court may
impose; and
| 2 | | (5) If the judgment is affirmed or the cause reversed | 3 | | and remanded
for a new trial, forthwith surrender to the | 4 | | officer from whose custody
he was bailed.
| 5 | | (g) Upon a finding of guilty for any felony offense, the | 6 | | defendant shall
physically surrender, at a time and place | 7 | | designated by the court,
any and all firearms in his or her | 8 | | possession and his or her Firearm Owner's
Identification Card | 9 | | as a condition of remaining on bond pending sentencing.
| 10 | | (h) In the event the defendant is unable to post bond, the | 11 | | court may impose a no contact provision with the victim or | 12 | | other interested party that shall be enforced while the | 13 | | defendant remains in custody. | 14 | | (Source: P.A. 99-797, eff. 8-12-16.)
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