Full Text of SB2809 93rd General Assembly
SB2809enr 93RD GENERAL ASSEMBLY
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LRB093 20986 RLC 46985 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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| firearm, machine gun, explosive or metal piercing ammunition or | 25 |
| explosive
bomb device or any military or paramilitary armament,
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| whether the evidence
shows that the offense committed was | 27 |
| related to or in furtherance of the
criminal activities of an | 28 |
| organized gang or was motivated by the defendant's
membership | 29 |
| in or allegiance to an organized gang,
the condition of the
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| victim, any written statement submitted by the victim or | 31 |
| proffer or
representation by the State regarding the
impact | 32 |
| which the alleged criminal conduct has had on the victim and |
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| the
victim's concern, if any, with further contact with the | 2 |
| defendant if
released on bail, whether the offense was based on | 3 |
| racial, religious,
sexual orientation or ethnic hatred,
the | 4 |
| likelihood of the filing of a greater charge, the likelihood of
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| conviction, the sentence applicable upon conviction, the | 6 |
| weight of the evidence
against such defendant, whether there | 7 |
| exists motivation or ability to
flee, whether there is any | 8 |
| verification as to prior residence, education,
or family ties | 9 |
| in the local jurisdiction, in another county,
state or foreign | 10 |
| country, the defendant's employment, financial resources,
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| character and mental condition, past conduct, prior use of | 12 |
| alias names or
dates of birth, and length of residence in the | 13 |
| community,
the consent of the defendant to periodic drug | 14 |
| testing in accordance with
Section 110-6.5,
whether a foreign | 15 |
| national defendant is lawfully admitted in the United
States of | 16 |
| America, whether the government of the foreign national
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| maintains an extradition treaty with the United States by which | 18 |
| the foreign
government will extradite to the United States its | 19 |
| national for a trial for
a crime allegedly committed in the | 20 |
| United States, whether the defendant is
currently subject to | 21 |
| deportation or exclusion under the immigration laws of
the | 22 |
| United States, whether the defendant, although a United States | 23 |
| citizen,
is considered under the law of any foreign state a | 24 |
| national of that state
for the purposes of extradition or | 25 |
| non-extradition to the United States,
the amount of unrecovered | 26 |
| proceeds lost as a result of
the alleged offense, the
source of | 27 |
| bail funds tendered or sought to be tendered for bail,
whether | 28 |
| from the totality of the court's consideration,
the loss of | 29 |
| 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 | 31 |
| defendant is
engaged in significant
possession, manufacture, | 32 |
| or delivery of a controlled substance or cannabis,
either | 33 |
| individually or in consort with others,
whether at the time of | 34 |
| the offense
charged he was on bond or pre-trial release pending | 35 |
| trial, probation,
periodic imprisonment or conditional | 36 |
| discharge pursuant to this Code or the
comparable Code of any |
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| other state or federal jurisdiction, whether the
defendant is | 2 |
| on bond or
pre-trial release pending the imposition or | 3 |
| execution of sentence or appeal of
sentence for any offense | 4 |
| under the laws of Illinois or any other state or
federal | 5 |
| jurisdiction, whether the defendant is under parole or | 6 |
| mandatory
supervised release or
work release from the Illinois | 7 |
| Department of Corrections or any penal
institution or | 8 |
| corrections department of any state or federal
jurisdiction, | 9 |
| the defendant's record of convictions, whether the defendant | 10 |
| has been
convicted of a misdemeanor or ordinance offense in | 11 |
| Illinois or similar
offense in other state or federal | 12 |
| jurisdiction within the 10 years
preceding the current charge | 13 |
| or convicted of a felony in Illinois, whether
the defendant was | 14 |
| convicted of an offense in another state or federal
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| jurisdiction that would
be a felony if committed in Illinois | 16 |
| within the 20 years preceding the
current charge or has been | 17 |
| convicted of such felony and released from the
penitentiary | 18 |
| within 20 years preceding the current charge if a
penitentiary | 19 |
| sentence was imposed in Illinois or other state or federal
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| jurisdiction, the defendant's records of juvenile adjudication | 21 |
| of delinquency in any
jurisdiction, any record of appearance or | 22 |
| failure to appear by
the defendant at
court proceedings, | 23 |
| whether there was flight to avoid arrest or
prosecution, | 24 |
| whether the defendant escaped or
attempted to escape to avoid | 25 |
| arrest, whether the defendant refused to
identify himself, or | 26 |
| whether there was a refusal by the defendant to be
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| fingerprinted as required by law. Information used by the court | 28 |
| in its
findings or stated in or
offered in connection with this | 29 |
| Section may be by way of proffer based upon
reliable | 30 |
| information offered by the State or defendant.
All evidence | 31 |
| shall be admissible if it is relevant and
reliable regardless | 32 |
| of whether it would be admissible under the rules of
evidence | 33 |
| applicable at criminal trials.
If the State presents evidence | 34 |
| that the offense committed by the defendant
was related to or | 35 |
| in furtherance of the criminal activities of an organized
gang | 36 |
| or was motivated by the defendant's membership in or allegiance |
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| to an
organized gang, and if the court determines that the | 2 |
| evidence may be
substantiated, the court shall prohibit the | 3 |
| defendant from associating with
other members of the organized | 4 |
| gang as a condition of bail or release.
For the purposes of | 5 |
| this Section,
"organized gang" has the meaning ascribed to it | 6 |
| in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 7 |
| Prevention Act.
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| (b) The amount of bail shall be:
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| (1) Sufficient to assure compliance with the | 10 |
| conditions set forth in the
bail bond, which shall include | 11 |
| the defendant's current address with a written
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| admonishment to the defendant that he or she must comply | 13 |
| with the provisions of
Section 110-12 regarding any change | 14 |
| in his or her address. The defendant's
address shall at all | 15 |
| times remain a matter of public record with the clerk
of | 16 |
| the court.
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| (2) Not oppressive.
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| (3) Considerate of the financial ability of the | 19 |
| accused.
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| (4) When a person is charged with a drug related | 21 |
| offense involving
possession or delivery of cannabis or | 22 |
| possession or delivery of a
controlled substance as defined | 23 |
| in the Cannabis Control Act, as amended, or
the Illinois | 24 |
| Controlled Substances Act, as amended, the full street | 25 |
| value
of the drugs seized shall be considered. "Street | 26 |
| value" shall be
determined by the court on the basis of a | 27 |
| proffer by the State based upon
reliable information of a | 28 |
| law enforcement official contained in a written
report as | 29 |
| to the amount seized and such proffer may be used by the | 30 |
| court as
to the current street value of the smallest unit | 31 |
| of the drug seized.
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| (b-5) Upon the filing of a written request demonstrating | 33 |
| reasonable cause, the State's Attorney may request a source of | 34 |
| 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 | 36 |
| accused must file a written notice requesting that the court |
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| conduct a source of bail hearing. The notice must be | 2 |
| accompanied by justifying affidavits stating the legitimate | 3 |
| and lawful source of funds for bail. At the hearing, the court | 4 |
| shall inquire into any matters stated in any justifying | 5 |
| affidavits, and may also inquire into matters appropriate to | 6 |
| the determination which shall include, but are not limited to, | 7 |
| the following: | 8 |
| (1) the background, character, reputation, and | 9 |
| relationship to the accused of any surety; and | 10 |
| (2) the source of any money or property deposited by | 11 |
| any surety, and whether any such money or property | 12 |
| constitutes the fruits of criminal or unlawful conduct; and | 13 |
| (3) the source of any money posted as cash bail, and | 14 |
| whether any such money constitutes the fruits of criminal | 15 |
| or unlawful conduct; and | 16 |
| (4) the background, character, reputation, and | 17 |
| relationship to the accused of the person posting cash | 18 |
| bail. | 19 |
| Upon setting the hearing, the court shall examine, under | 20 |
| oath, any persons who may possess material information. | 21 |
| The State's Attorney has a right to attend the hearing, to | 22 |
| call witnesses and to examine any witness in the proceeding. | 23 |
| The court shall, upon request of the State's Attorney, continue | 24 |
| the proceedings for a reasonable period to allow the State's | 25 |
| Attorney to investigate the matter raised in any testimony or | 26 |
| affidavit.
If the hearing is granted after the accused has | 27 |
| posted bail, the court shall conduct a hearing consistent with | 28 |
| this subsection (b-5). At the conclusion of the hearing, the | 29 |
| court must issue an order either approving of disapproving the | 30 |
| bail.
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| (c) When a person is charged with an offense punishable by | 32 |
| fine only the
amount of the bail shall not exceed double the | 33 |
| amount of the maximum penalty.
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| (d) When a person has been convicted of an offense and only | 35 |
| a fine has
been imposed the amount of the bail shall not exceed | 36 |
| double the amount of
the fine.
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LRB093 20986 RLC 46985 b |
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| (e) The State may appeal any order granting bail or setting
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| a given amount for bail.
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| (Source: P.A. 93-254, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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