Full Text of HB4732 094th General Assembly
HB4732 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4732
Introduced 01/12/06, by Rep. Joe Dunn SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/110-6 |
from Ch. 38, par. 110-6 |
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Amends the Code of Criminal Procedure of 1963. Provides that if a defendant has been granted bail for a criminal offense and while on bail is arrested for an offense involving the use of a firearm, the court shall revoke the bail of the defendant for the original offense for which the defendant has been granted bail.
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A BILL FOR
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HB4732 |
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LRB094 15738 RLC 50950 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 110-6 as follows:
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| (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
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| Sec. 110-6. (a) Upon verified application by
the State or | 8 |
| the defendant or on its own motion the court before which the
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| proceeding is
pending may increase or reduce the amount of bail | 10 |
| or may alter the
conditions of the bail bond or grant bail | 11 |
| where it has been previously
revoked or denied.
If bail has | 12 |
| been previously revoked pursuant to subsection (f) of this
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| Section or if bail has been denied to the defendant pursuant to | 14 |
| subsection
(e) of Section 110-6.1 or subsection (e) of Section | 15 |
| 110-6.3, the defendant
shall
be required to present a
verified | 16 |
| application setting forth in detail any new facts not known or
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| obtainable at the time of the previous revocation or denial of | 18 |
| bail
proceedings. If the court grants bail where it has been | 19 |
| previously revoked
or denied, the court shall state on the | 20 |
| record of the proceedings the
findings of facts and conclusion | 21 |
| of law upon which such order is based.
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| (b) Violation of the conditions of Section
110-10 of this | 23 |
| Code or any special conditions of bail as ordered by the
court | 24 |
| shall constitute grounds for the court to increase
the amount | 25 |
| of bail, or otherwise alter the conditions of bail, or, where
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| the alleged offense committed on bail is a forcible felony in | 27 |
| Illinois or
a Class 2 or greater offense under the Illinois
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| Controlled Substances Act, the
Cannabis Control Act, or the | 29 |
| Methamphetamine Control and Community Protection Act, revoke | 30 |
| bail
pursuant to the appropriate provisions of subsection (e) | 31 |
| of this
Section.
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| (c) Reasonable notice of such application by the defendant |
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HB4732 |
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LRB094 15738 RLC 50950 b |
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| shall be
given to the State.
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| (d) Reasonable notice of such application by the State | 3 |
| shall be
given to the defendant, except as provided in | 4 |
| subsection (e).
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| (e) Upon verified application by the State stating facts or
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| circumstances constituting a violation or a threatened
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| violation of any of the
conditions of the bail bond the court | 8 |
| may issue a warrant commanding any
peace officer to bring the | 9 |
| defendant without unnecessary delay before
the court for a | 10 |
| hearing on the matters set forth in the application. If
the | 11 |
| actual court before which the proceeding is pending is absent | 12 |
| or
otherwise unavailable another court may issue a warrant | 13 |
| pursuant to this
Section. When the defendant is charged with a | 14 |
| felony offense and while
free on bail is charged with a | 15 |
| subsequent felony offense and is the subject
of a proceeding | 16 |
| set forth in Section 109-1 or 109-3 of this Code, upon the
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| filing of a verified petition by the State alleging a violation | 18 |
| of Section
110-10 (a) (4) of this Code, the court shall without | 19 |
| prior notice to the
defendant, grant leave to file such | 20 |
| application and shall order the
transfer of the defendant and | 21 |
| the application without unnecessary delay to
the court before | 22 |
| which the previous felony matter is pending for a hearing
as | 23 |
| provided in subsection (b) or this subsection of this Section. | 24 |
| The
defendant shall be held
without bond pending transfer to | 25 |
| and a hearing before such court. At
the conclusion of the | 26 |
| hearing based on a violation of the conditions of
Section | 27 |
| 110-10 of this Code or any special conditions of bail as | 28 |
| ordered by
the court the court may enter an order
increasing | 29 |
| the amount of bail or alter the conditions of bail as deemed
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| appropriate.
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| (f) Where the alleged violation consists of the violation | 32 |
| of
one or more felony statutes of any jurisdiction which would | 33 |
| be a
forcible felony in Illinois or a Class 2 or greater | 34 |
| offense under the
Illinois Controlled Substances Act, the
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| Cannabis Control Act, or the Methamphetamine Control and | 36 |
| Community Protection Act and the
defendant is on bail for the |
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LRB094 15738 RLC 50950 b |
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| alleged
commission of a felony, or where the defendant is on | 2 |
| bail for a felony
domestic battery (enhanced pursuant to | 3 |
| subsection (b) of Section 12-3.2 of the
Criminal Code of 1961), | 4 |
| aggravated
domestic battery, aggravated battery, unlawful | 5 |
| restraint, aggravated unlawful
restraint or domestic battery | 6 |
| in violation
of item (1) of subsection (a) of Section 12-3.2 of | 7 |
| the Criminal Code of 1961
against a
family or household member | 8 |
| as defined in Section 112A-3 of this Code and the
violation is | 9 |
| an offense of domestic battery against
the same victim the | 10 |
| court shall, on the motion of the State
or its own motion, | 11 |
| revoke bail
in accordance with the following provisions:
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| (1) The court shall hold the defendant without bail | 13 |
| pending
the hearing on the alleged breach; however, if the | 14 |
| defendant
is not admitted to bail the
hearing shall be | 15 |
| commenced within 10 days from the date the defendant is
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| taken into custody or the defendant may not be held any | 17 |
| longer without
bail, unless delay is occasioned by the | 18 |
| defendant. Where defendant
occasions the delay, the | 19 |
| running of the 10 day period is temporarily
suspended and | 20 |
| resumes at the termination of the period of delay. Where
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| defendant occasions the delay with 5 or fewer days | 22 |
| remaining in the 10
day period, the court may grant a | 23 |
| period of up to 5 additional days to
the State for good | 24 |
| cause shown. The State, however, shall retain the
right to | 25 |
| proceed to hearing on the alleged violation at any time, | 26 |
| upon
reasonable notice to the defendant and the court.
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| (2) At a hearing on the alleged violation the State has | 28 |
| the burden
of going forward and proving the violation by | 29 |
| clear and convincing
evidence. The evidence shall be | 30 |
| presented in open court with the
opportunity to testify, to | 31 |
| present witnesses in his behalf, and to
cross-examine | 32 |
| witnesses if any are called by the State, and | 33 |
| representation
by counsel and
if the defendant is indigent | 34 |
| to have counsel appointed for him. The
rules of evidence | 35 |
| applicable in criminal trials in this State shall not
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| govern the admissibility of evidence at such hearing.
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| Information used by the court in its findings or stated in | 2 |
| or offered in
connection with hearings for increase or | 3 |
| revocation of bail may be by way
of proffer based upon | 4 |
| reliable information offered by the State or
defendant. All | 5 |
| evidence shall be admissible if it is relevant and reliable
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| regardless of whether it would be admissible under the | 7 |
| rules of evidence
applicable at criminal trials. A motion | 8 |
| by the defendant to suppress
evidence or to suppress a | 9 |
| confession shall not be entertained at such a
hearing. | 10 |
| Evidence that proof may have been obtained as a result of | 11 |
| an
unlawful search and seizure or through improper | 12 |
| interrogation is not
relevant to this hearing.
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| (3) Upon a finding by the court that the State has | 14 |
| established by
clear and convincing evidence that the | 15 |
| defendant has committed a
forcible felony or a Class 2 or | 16 |
| greater offense under the Illinois Controlled
Substances | 17 |
| Act, the Cannabis Control Act, or the Methamphetamine | 18 |
| Control and Community Protection Act while admitted to | 19 |
| bail, or where the
defendant is on bail for a felony | 20 |
| domestic battery (enhanced pursuant to
subsection (b) of | 21 |
| Section 12-3.2 of the Criminal Code of 1961), aggravated
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| domestic battery, aggravated battery, unlawful
restraint, | 23 |
| aggravated unlawful restraint or domestic battery in | 24 |
| violation of
item (1) of subsection (a) of Section 12-3.2 | 25 |
| of the Criminal Code of 1961
against
a family or household | 26 |
| member as defined in
Section 112A-3 of this Code and the | 27 |
| violation is an offense of domestic
battery, against the | 28 |
| same victim, the court
shall revoke the bail of
the | 29 |
| defendant and hold the defendant for trial without bail. | 30 |
| Neither the
finding of the court nor any transcript or | 31 |
| other record of the hearing
shall be admissible in the | 32 |
| State's case in chief, but shall be admissible
for | 33 |
| impeachment, or as provided in Section 115-10.1 of this | 34 |
| Code or in a
perjury proceeding.
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| (4) If the bail of any defendant is revoked pursuant to | 36 |
| paragraph
(f) (3) of this Section, the defendant may demand |
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| and shall be entitled
to be brought to trial on the offense | 2 |
| with respect to which he was
formerly released on bail | 3 |
| within 90 days after the date on which his
bail was | 4 |
| revoked. If the defendant is not brought to trial within | 5 |
| the
90 day period required by the preceding sentence, he | 6 |
| shall not be held
longer without bail. In computing the 90 | 7 |
| day period, the court shall
omit any period of delay | 8 |
| resulting from a continuance granted at the
request of the | 9 |
| defendant.
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| (5) If the defendant either is arrested on a warrant | 11 |
| issued pursuant
to this Code or is arrested for an | 12 |
| unrelated offense and it is subsequently
discovered that | 13 |
| the defendant is a subject of another warrant or warrants
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| issued pursuant to this Code, the defendant shall be | 15 |
| transferred promptly
to the court which issued such | 16 |
| warrant. If, however, the defendant appears
initially | 17 |
| before a court other than the court which issued such | 18 |
| warrant,
the non-issuing court shall not alter the amount | 19 |
| of bail heretofore set on
such warrant unless the court | 20 |
| sets forth on the record of proceedings the
conclusions of | 21 |
| law and facts which are the basis for such altering of
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| another court's bond. The non-issuing court shall not alter | 23 |
| another courts
bail set on a warrant unless the interests | 24 |
| of justice and public safety are
served by such action.
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| (f-5) If a defendant has been granted bail for a criminal | 26 |
| offense and while on bail is arrested for an offense involving | 27 |
| the use of a firearm, the court shall revoke the bail of the | 28 |
| defendant for the original offense for which the defendant has | 29 |
| been granted bail.
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| (g) The State may appeal any order where the court has | 31 |
| increased or reduced
the amount of bail or altered the | 32 |
| conditions of the bail bond or granted
bail where it has | 33 |
| previously been revoked.
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| (Source: P.A. 93-417, eff. 8-5-03; 94-556, eff. 9-11-05.)
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