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90_HB2475
720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Cannabis Control Act. Changes from 2,500
grams to 2,000 grams, the threshold amount of cannabis that
must be brought into the State for a person to be prosecuted
for cannabis trafficking. Amends the Code of Criminal
Procedure of 1963 to provide that the court may deny bail
where the proof is evident or the presumption great that the
defendant committed a Class X Cannabis Control Act violation.
LRB9006837RCpc
LRB9006837RCpc
1 AN ACT in relation to cannabis, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Cannabis Control Act is amended by
5 changing Section 5.1 as follows:
6 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
7 Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
8 authorized by this Act, any person who knowingly brings or
9 causes to be brought into this State for the purpose of
10 manufacture or delivery or with the intent to manufacture or
11 deliver 2,000 2,500 grams or more of cannabis in this State
12 or any other state or country is guilty of cannabis
13 trafficking.
14 (b) A person convicted of cannabis trafficking shall be
15 sentenced to a term of imprisonment not less than twice the
16 minimum term and fined an amount as authorized by subsection
17 (f) or (g) of Section 5 of this Act, based upon the amount of
18 cannabis brought or caused to be brought into this State, and
19 not more than twice the maximum term of imprisonment and
20 fined twice the amount as authorized by subsection (f) or (g)
21 of Section 5 of this Act, based upon the amount of cannabis
22 brought or caused to be brought into this State.
23 (Source: P.A. 90-397, eff. 8-15-97.)
24 Section 10. The Code of Criminal Procedure of 1963 is
25 amended by changing Section 110-6.1 as follows:
26 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
27 Sec. 110-6.1. Denial of bail in non-probationable felony
28 offenses. (a) Upon verified petition by the State, the court
29 shall hold a hearing to determine whether bail should be
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1 denied to a defendant who is charged with a felony offense
2 for which a sentence of imprisonment, without probation,
3 periodic imprisonment or conditional discharge, is required
4 by law upon conviction, when it is alleged that the
5 defendant's admission to bail poses a real and present threat
6 to the physical safety of any person or persons.
7 (1) A petition may be filed without prior notice to the
8 defendant at the first appearance before a judge, or within
9 the 21 calendar days, except as provided in Section 110-6,
10 after arrest and release of the defendant upon reasonable
11 notice to defendant; provided that while such petition is
12 pending before the court, the defendant if previously
13 released shall not be detained.
14 (2) The hearing shall be held immediately upon the
15 defendant's appearance before the court, unless for good
16 cause shown the defendant or the State seeks a continuance.
17 A continuance on motion of the defendant may not exceed 5
18 calendar days, and a continuance on the motion of the State
19 may not exceed 3 calendar days. The defendant may be held in
20 custody during such continuance.
21 (b) The court may deny bail to the defendant where,
22 after the hearing, it is determined that:
23 (1) the proof is evident or the presumption great that
24 the defendant has committed an offense for which a sentence
25 of imprisonment, without probation, periodic imprisonment or
26 conditional discharge, must be imposed by law as a
27 consequence of conviction, and
28 (2) the defendant poses a real and present threat to the
29 physical safety of any person or persons, by conduct which
30 may include, but is not limited to, a forcible felony, the
31 obstruction of justice, intimidation, injury, physical harm,
32 or an offense under the Illinois Controlled Substances Act or
33 the Cannabis Control Act which is a Class X felony, and
34 (3) the court finds that no condition or combination of
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1 conditions set forth in subsection (b) of Section 110-10 of
2 this Article, can reasonably assure the physical safety of
3 any other person or persons.
4 (c) Conduct of the hearings.
5 (1) The hearing on the defendant's culpability and
6 dangerousness shall be conducted in accordance with the
7 following provisions:
8 (A) Information used by the court in its findings or
9 stated in or offered at such hearing may be by way of proffer
10 based upon reliable information offered by the State or by
11 defendant. Defendant has the right to be represented by
12 counsel, and if he is indigent, to have counsel appointed for
13 him. Defendant shall have the opportunity to testify, to
14 present witnesses in his own behalf, and to cross-examine
15 witnesses if any are called by the State. The defendant has
16 the right to present witnesses in his favor. When the ends
17 of justice so require, the court may exercises its discretion
18 and compel the appearance of a complaining witness. The
19 court shall state on the record reasons for granting a
20 defense request to compel the presence of a complaining
21 witness. Cross - examination of a complaining witness at the
22 pretrial detention hearing for the purpose of impeaching the
23 witness' credibility is insufficient reason to compel the
24 presence of the witness. In deciding whether to compel the
25 appearance of a complaining witness, the court shall be
26 considerate of the emotional and physical well-being of the
27 witness. The pre-trial detention hearing is not to be used
28 for purposes of discovery, and the post arraignment rules of
29 discovery do not apply. The State shall tender to the
30 defendant, prior to the hearing, copies of defendant's
31 criminal history, if any, if available, and any written or
32 recorded statements and the substance of any oral statements
33 made by any person, if relied upon by the State in its
34 petition. The rules concerning the admissibility of evidence
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1 in criminal trials do not apply to the presentation and
2 consideration of information at the hearing. At the trial
3 concerning the offense for which the hearing was conducted
4 neither the finding of the court nor any transcript or other
5 record of the hearing shall be admissible in the State's case
6 in chief, but shall be admissible for impeachment, or as
7 provided in Section 115-10.1 of this Code, or in a perjury
8 proceeding.
9 (B) A motion by the defendant to suppress evidence or to
10 suppress a confession shall not be entertained. Evidence
11 that proof may have been obtained as the result of an
12 unlawful search and seizure or through improper interrogation
13 is not relevant to this state of the prosecution.
14 (2) The facts relied upon by the court to support a
15 finding that the defendant poses a real and present threat to
16 the physical safety of any person or persons shall be
17 supported by clear and convincing evidence presented by the
18 State.
19 (d) Factors to be considered in making a determination
20 of dangerousness. The court may, in determining whether the
21 defendant poses a real and present threat to the physical
22 safety of any person or persons, consider but shall not be
23 limited to evidence or testimony concerning:
24 (1) The nature and circumstances of any offense charged,
25 including whether the offense is a crime of violence,
26 involving a weapon.
27 (2) The history and characteristics of the defendant
28 including:
29 (A) Any evidence of the defendant's prior criminal
30 history indicative of violent, abusive or assaultive
31 behavior, or lack of such behavior. Such evidence may
32 include testimony or documents received in juvenile
33 proceedings, criminal, quasi-criminal, civil commitment,
34 domestic relations or other proceedings.
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1 (B) Any evidence of the defendant's psychological,
2 psychiatric or other similar social history which tends to
3 indicate a violent, abusive, or assaultive nature, or lack of
4 any such history.
5 (3) The identity of any person or persons to whose
6 safety the defendant is believed to pose a threat, and the
7 nature of the threat;
8 (4) Any statements made by, or attributed to the
9 defendant, together with the circumstances surrounding them;
10 (5) The age and physical condition of any person
11 assaulted by the defendant;
12 (6) Whether the defendant is known to possess or have
13 access to any weapon or weapons;
14 (7) Whether, at the time of the current offense or any
15 other offense or arrest, the defendant was on probation,
16 parole, mandatory supervised release or other release from
17 custody pending trial, sentencing, appeal or completion of
18 sentence for an offense under federal or state law;
19 (8) Any other factors, including those listed in Section
20 110-5 of this Article deemed by the court to have a
21 reasonable bearing upon the defendant's propensity or
22 reputation for violent, abusive or assaultive behavior, or
23 lack of such behavior.
24 (e) Detention order. The court shall, in any order for
25 detention:
26 (1) briefly summarize the evidence of the defendant's
27 culpability and its reasons for concluding that the defendant
28 should be held without bail;
29 (2) direct that the defendant be committed to the
30 custody of the sheriff for confinement in the county jail
31 pending trial;
32 (3) direct that the defendant be given a reasonable
33 opportunity for private consultation with counsel, and for
34 communication with others of his choice by visitation, mail
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1 and telephone; and
2 (4) direct that the sheriff deliver the defendant as
3 required for appearances in connection with court
4 proceedings.
5 (f) If the court enters an order for the detention of
6 the defendant pursuant to subsection (e) of this Section, the
7 defendant shall be brought to trial on the offense for which
8 he is detained within 90 days after the date on which the
9 order for detention was entered. If the defendant is not
10 brought to trial within the 90 day period required by the
11 preceding sentence, he shall not be held longer without bail.
12 In computing the 90 day period, the court shall omit any
13 period of delay resulting from a continuance granted at the
14 request of the defendant.
15 (g) Rights of the defendant. Any person shall be
16 entitled to appeal any order entered under this Section
17 denying bail to the defendant.
18 (h) The State may appeal any order entered under this
19 Section denying any motion for denial of bail.
20 (i) Nothing in this Section shall be construed as
21 modifying or limiting in any way the defendant's presumption
22 of innocence in further criminal proceedings.
23 (Source: P.A. 85-1209.)