Full Text of HB2900 94th General Assembly
HB2900eng 94TH GENERAL ASSEMBLY
|
|
|
HB2900 Engrossed |
|
LRB094 05421 RLC 35466 b |
|
| 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 110-4 and by adding Section 110-6.4 | 6 |
| as follows:
| 7 |
| (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| 8 |
| Sec. 110-4. Bailable Offenses.
| 9 |
| (a) All persons shall be bailable before conviction, except | 10 |
| the
following offenses where the proof is evident or the | 11 |
| presumption great that
the defendant is guilty of the offense: | 12 |
| capital offenses; offenses for
which a sentence of life | 13 |
| imprisonment may be imposed as a consequence of
conviction; | 14 |
| felony offenses for which a sentence of imprisonment,
without | 15 |
| conditional and revocable release, shall be imposed
by law as a | 16 |
| consequence of conviction, where the court after a hearing,
| 17 |
| determines that the release of the defendant would pose a real | 18 |
| and present
threat to the physical safety of any person or | 19 |
| persons; stalking or
aggravated stalking, where the court, | 20 |
| after a hearing, determines that the
release of the defendant | 21 |
| would pose a real and present threat to the
physical safety of | 22 |
| the alleged victim of the offense and denial of bail
is | 23 |
| necessary to prevent fulfillment of the threat upon which the | 24 |
| charge
is based;
or unlawful use of weapons in violation of | 25 |
| item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | 26 |
| of 1961 when that offense occurred in a school or in any
| 27 |
| conveyance owned,
leased, or contracted by a school to | 28 |
| transport students to or from school or a
school-related
| 29 |
| activity, or on any public way within 1,000 feet of real | 30 |
| property comprising
any school, where
the court, after a | 31 |
| hearing, determines that the release of the defendant would
| 32 |
| pose a real and
present threat to the physical safety of any |
|
|
|
HB2900 Engrossed |
- 2 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| person and denial of bail is
necessary to prevent
fulfillment | 2 |
| of that threat ; or an offense for which the person, upon | 3 |
| conviction, would be subject to registration under the Arsonist | 4 |
| Registration Act if the person has previously been convicted of | 5 |
| any of the following offenses: (i) arson, (ii) aggravated | 6 |
| arson, (iii) residential arson, (iv) place of worship arson, | 7 |
| (v) possession of explosives or explosive or incendiary | 8 |
| devices, or (vi) an attempt to commit any of these offenses and | 9 |
| if the the court, after a hearing, determines that the release | 10 |
| of the defendant would
pose a real and
present threat to the | 11 |
| physical safety of any person and denial of bail is
necessary | 12 |
| to prevent
fulfillment of that threat .
| 13 |
| (b) A person seeking release on bail who is charged with a | 14 |
| capital
offense or an offense for which a sentence of life | 15 |
| imprisonment may be
imposed shall not be bailable until a | 16 |
| hearing is held wherein such person
has the burden of | 17 |
| demonstrating that the proof of his guilt is not evident
and | 18 |
| the presumption is not great.
| 19 |
| (c) Where it is alleged that bail should be denied to a | 20 |
| person upon the
grounds that the person presents a real and | 21 |
| present threat to the physical
safety of any person or persons, | 22 |
| the burden of proof of such allegations
shall be upon the | 23 |
| State.
| 24 |
| (d) When it is alleged that bail should be denied to a | 25 |
| person
charged with stalking or aggravated stalking upon the | 26 |
| grounds set forth in
Section 110-6.3 of this Code, the burden | 27 |
| of proof of those allegations shall be
upon the State.
| 28 |
| (e) When it is alleged that bail should be denied to a | 29 |
| person
charged with arson, aggravated arson, residential | 30 |
| arson, place of worship arson, possession of explosives or | 31 |
| explosive or incendiary devices, or an attempt to commit any of | 32 |
| these offenses upon the grounds set forth in
Section 110-6.4 of | 33 |
| this Code, the burden of proof of those allegations shall be
| 34 |
| upon the State.
| 35 |
| (Source: P.A. 91-11, eff. 6-4-99.)
|
|
|
|
HB2900 Engrossed |
- 3 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| (725 ILCS 5/110-6.4 new) | 2 |
| Sec. 110-6.4. Denial of bail for certain arson offenses. | 3 |
| (a) Upon verified petition by the State, the court shall | 4 |
| hold a
hearing to determine whether bail should be denied to a | 5 |
| defendant who is
charged with
an offense for which the person, | 6 |
| upon conviction, would be subject to registration under the | 7 |
| Arsonist Registration Act if the person has previously been | 8 |
| convicted of any of the following offenses: (i) arson, (ii) | 9 |
| aggravated arson, (iii) residential arson, (iv) place of | 10 |
| worship arson, (v) possession of explosives or explosive or | 11 |
| incendiary devices, or (vi) an attempt to commit any of these | 12 |
| offenses, when it is alleged that the defendant's
admission to | 13 |
| bail poses a real and present threat to the physical safety of
| 14 |
| any person, and denial of release on bail or
personal | 15 |
| recognizance is necessary to prevent fulfillment of the threat
| 16 |
| upon which the charge is based. | 17 |
| (1) A petition may be filed without prior notice to the | 18 |
| defendant at the
first appearance before a judge, or within | 19 |
| 21 calendar days, except as
provided in Section 110-6, | 20 |
| after arrest and release of the defendant upon
reasonable | 21 |
| notice to the defendant; provided that while the petition | 22 |
| is
pending before the court, the defendant if previously | 23 |
| released shall not be
detained. | 24 |
| (2) The hearing shall be held immediately upon the | 25 |
| defendant's
appearance before the court, unless for good | 26 |
| cause shown the defendant or
the State seeks a continuance. | 27 |
| A continuance on motion of the defendant
may not exceed 5 | 28 |
| calendar days, and the defendant may be held in custody
| 29 |
| during the continuance. A continuance on the motion of the | 30 |
| State may not
exceed 3 calendar days. | 31 |
| (b) The court may deny bail to the defendant when, after | 32 |
| the hearing, it
is determined that: | 33 |
| (1) the proof is evident or the presumption great that | 34 |
| the defendant has
committed the offense of arson, | 35 |
| aggravated arson, residential arson, place of worship | 36 |
| arson, possession of explosives or explosive or incendiary |
|
|
|
HB2900 Engrossed |
- 4 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| devices, or an attempt to commit any of these offenses; and | 2 |
| (2) the defendant poses a real and present threat to | 3 |
| the physical safety
of any person; and | 4 |
| (3) the denial of release on bail or personal | 5 |
| recognizance is
necessary to prevent fulfillment of the | 6 |
| threat upon which the charge is based;
and | 7 |
| (4) the court finds that no condition or combination of | 8 |
| conditions set
forth in subsection (b) of Section 110-10 of | 9 |
| this Code, including mental
health treatment at a community | 10 |
| mental health center, hospital, or
facility of the | 11 |
| Department of Human Services,
can reasonably assure the | 12 |
| physical safety of any person. | 13 |
| (c) Conduct of the hearings. | 14 |
| (1) The hearing on the defendant's culpability and | 15 |
| threat to the
public shall be
conducted in accordance with | 16 |
| the following provisions: | 17 |
| (A) Information used by the court in its findings | 18 |
| or stated in or
offered
at the hearing may be by way of | 19 |
| proffer based upon reliable information
offered by the | 20 |
| State or by the defendant. The defendant has the right | 21 |
| to be
represented by counsel, and if he or she is | 22 |
| indigent, to have counsel appointed
for him or her. The | 23 |
| defendant shall have the opportunity to testify, to | 24 |
| present
witnesses in his or her own behalf, and to | 25 |
| cross-examine witnesses if any are
called by the State. | 26 |
| The defendant has the right to present witnesses in
his | 27 |
| or her favor. When the ends of justice so require, the | 28 |
| court may exercise
its discretion and compel the | 29 |
| appearance of a complaining
witness. The court shall | 30 |
| state on the record reasons for granting a
defense | 31 |
| request to compel the presence of a complaining | 32 |
| witness.
Cross-examination of a complaining witness at | 33 |
| the pretrial detention hearing for
the purpose of | 34 |
| impeaching the witness' credibility is insufficient | 35 |
| reason
to compel the presence of the witness. In | 36 |
| deciding whether to compel the
appearance of a |
|
|
|
HB2900 Engrossed |
- 5 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| complaining witness, the court shall be considerate of | 2 |
| the
emotional and physical well-being of the witness.
| 3 |
| The pretrial detention hearing is not to be used for | 4 |
| the purposes of
discovery, and the post arraignment | 5 |
| rules of discovery do not apply. The
State shall tender | 6 |
| to the
defendant, prior to the hearing, copies of | 7 |
| defendant's criminal history, if
any, if available, | 8 |
| and any written or recorded statements and the | 9 |
| substance
of any oral statements made by any person, if | 10 |
| relied upon by the State.
The rules concerning the | 11 |
| admissibility of evidence in
criminal trials do not | 12 |
| apply to the presentation and consideration of
| 13 |
| information at the hearing. At the trial concerning the | 14 |
| offense for which
the hearing was conducted neither the | 15 |
| finding of the court nor any
transcript or other record | 16 |
| of the hearing shall be admissible in the
State's case | 17 |
| in chief, but shall be admissible for impeachment, or | 18 |
| as
provided in Section 115-10.1 of this Code, or in a | 19 |
| perjury proceeding. | 20 |
| (B) A motion by the defendant to suppress evidence | 21 |
| or to suppress a
confession shall not be entertained. | 22 |
| Evidence that proof may have been
obtained as the | 23 |
| result of an unlawful search and seizure or through
| 24 |
| improper interrogation is not relevant to this state of | 25 |
| the prosecution. | 26 |
| (2) The facts relied upon by the court to support a | 27 |
| finding that: | 28 |
| (A) the
defendant poses a real and present threat | 29 |
| to the physical safety of any person; and | 30 |
| (B) the denial of release on bail or personal
| 31 |
| recognizance is necessary to prevent fulfillment of | 32 |
| the threat upon which
the charge is based; | 33 |
| shall be supported by clear and convincing evidence
| 34 |
| presented by the State. | 35 |
| (d) Factors to be considered in making a determination of | 36 |
| the threat to
the public.
The court may, in determining whether |
|
|
|
HB2900 Engrossed |
- 6 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| the defendant poses, at the time of
the hearing, a real and
| 2 |
| present threat to the physical safety of any person,
consider | 3 |
| but
shall not be limited to evidence or testimony concerning: | 4 |
| (1) the nature and circumstances of the offense | 5 |
| charged; | 6 |
| (2) the history and characteristics of the defendant | 7 |
| including: | 8 |
| (A) any evidence of the defendant's prior criminal | 9 |
| history indicative of
violent, abusive or assaultive | 10 |
| behavior, or lack of that behavior. The
evidence may | 11 |
| include testimony or documents received in juvenile
| 12 |
| proceedings, criminal, quasi-criminal, civil | 13 |
| commitment, domestic relations
or other proceedings; | 14 |
| (B) any evidence of the defendant's psychological, | 15 |
| psychiatric or other
similar social history that tends | 16 |
| to indicate a violent, abusive, or
assaultive nature, | 17 |
| or lack of any such history. | 18 |
| (3) the nature of the threat which is the basis of the | 19 |
| charge against the defendant; | 20 |
| (4) any statements made by, or attributed to the | 21 |
| defendant, together with
the circumstances surrounding | 22 |
| them; | 23 |
| (5) whether the defendant is known to possess or have | 24 |
| access to any
weapon or weapons; | 25 |
| (6) whether, at the time of the current offense or any | 26 |
| other offense or
arrest, the defendant was on probation, | 27 |
| parole, mandatory supervised
release or other release from | 28 |
| custody pending trial, sentencing, appeal or
completion of | 29 |
| sentence for an offense under federal or state law; | 30 |
| (7) any other factors, including those listed in | 31 |
| Section 110-5 of this
Code, deemed by the court to have a | 32 |
| reasonable bearing upon the
defendant's propensity or | 33 |
| reputation for violent, abusive or assaultive
behavior, or | 34 |
| lack of that behavior. | 35 |
| (e) The court shall, in any order denying bail to a person | 36 |
| charged with arson, aggravated arson, residential arson, place |
|
|
|
HB2900 Engrossed |
- 7 - |
LRB094 05421 RLC 35466 b |
|
| 1 |
| of worship arson, possession of explosives or explosive or | 2 |
| incendiary devices, or an attempt to commit any of these | 3 |
| offenses: | 4 |
| (1) briefly summarize the evidence of the defendant's | 5 |
| culpability and its
reasons for concluding that the | 6 |
| defendant should be held without bail; | 7 |
| (2) direct that the defendant be committed to the | 8 |
| custody of the sheriff
for confinement in the county jail | 9 |
| pending trial; | 10 |
| (3) direct that the defendant be given a reasonable | 11 |
| opportunity for
private consultation with counsel, and for | 12 |
| communication with others of his
choice by visitation, mail | 13 |
| and telephone; and | 14 |
| (4) direct that the sheriff deliver the defendant as | 15 |
| required for
appearances in connection with court | 16 |
| proceedings. | 17 |
| (f) If the court enters an order for the detention of the | 18 |
| defendant
under subsection (e) of this Section, the defendant | 19 |
| shall be brought to
trial on the offense for which he or she is | 20 |
| detained within 90 days after the date
on which the order for | 21 |
| detention was entered. If the defendant is not
brought to trial | 22 |
| within the 90 day period required by this subsection (f),
he or | 23 |
| she shall not be held longer without bail. In computing the 90 | 24 |
| day period,
the court shall omit any period of delay resulting | 25 |
| from a continuance
granted at the request of the defendant.
The | 26 |
| court shall immediately notify the alleged victim of the | 27 |
| offense that the defendant
has been admitted to bail under this | 28 |
| subsection. | 29 |
| (g) Any person shall be entitled to appeal any
order | 30 |
| entered under this Section denying bail to the defendant. | 31 |
| (h) The State may appeal any order entered under this | 32 |
| Section denying any
motion for denial of bail. | 33 |
| (i) Nothing in this Section shall be construed as modifying | 34 |
| or limiting
in any way the defendant's presumption of innocence | 35 |
| in further criminal
proceedings.
|
|