[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0350
725 ILCS 5/110-5 from Ch. 38, par. 110-5
Amends the Code of Criminal Procedure of 1963. Provides
that the amount of bail set for domestic battery shall be
$3,000.
LRB9001805RCks
LRB9001805RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-5 as follows:
7 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
8 Sec. 110-5. Determining the amount of bail and conditions
9 of release.
10 (a) In determining the amount of monetary bail or
11 conditions of release, if any, which will reasonably assure
12 the appearance of a defendant as required or the safety of
13 any other person or the community and the likelihood of
14 compliance by the defendant with all the conditions of bail,
15 the court shall, on the basis of available information, take
16 into account such matters as the nature and circumstances of
17 the offense charged, whether the evidence shows that as part
18 of the offense there was a use of violence or threatened use
19 of violence, whether the offense involved corruption of
20 public officials or employees, whether there was physical
21 harm or threats of physical harm to any public official,
22 public employee, judge, prosecutor, juror or witness, senior
23 citizen, child or handicapped person, whether evidence shows
24 that during the offense or during the arrest the defendant
25 possessed or used a firearm, machine gun, explosive or metal
26 piercing ammunition or explosive bomb device or any military
27 or paramilitary armament, whether the evidence shows that the
28 offense committed was related to or in furtherance of the
29 criminal activities of an organized gang or was motivated by
30 the defendant's membership in or allegiance to an organized
31 gang, the condition of the victim, any written statement
-2- LRB9001805RCks
1 submitted by the victim or proffer or representation by the
2 State regarding the impact which the alleged criminal conduct
3 has had on the victim and the victim's concern, if any, with
4 further contact with the defendant if released on bail,
5 whether the offense was based on racial, religious, sexual
6 orientation or ethnic hatred, the likelihood of the filing of
7 a greater charge, the likelihood of conviction, the sentence
8 applicable upon conviction, the weight of the evidence
9 against such defendant, whether there exists motivation or
10 ability to flee, whether there is any verification as to
11 prior residence, education, or family ties in the local
12 jurisdiction, in another county, state or foreign country,
13 the defendant's employment, financial resources, character
14 and mental condition, past conduct, prior use of alias names
15 or dates of birth, and length of residence in the community,
16 the consent of the defendant to periodic drug testing in
17 accordance with Section 110-6.5, whether a foreign national
18 defendant is lawfully admitted in the United States of
19 America, whether the government of the foreign national
20 maintains an extradition treaty with the United States by
21 which the foreign government will extradite to the United
22 States its national for a trial for a crime allegedly
23 committed in the United States, whether the defendant is
24 currently subject to deportation or exclusion under the
25 immigration laws of the United States, whether the defendant,
26 although a United States citizen, is considered under the law
27 of any foreign state a national of that state for the
28 purposes of extradition or non-extradition to the United
29 States, the amount of unrecovered proceeds lost as a result
30 of the alleged offense, the source of bail funds tendered or
31 sought to be tendered for bail, whether from the totality of
32 the court's consideration, the loss of funds posted or sought
33 to be posted for bail will not deter the defendant from
34 flight, whether the evidence shows that the defendant is
-3- LRB9001805RCks
1 engaged in significant possession, manufacture, or delivery
2 of a controlled substance or cannabis, either individually or
3 in consort with others, whether at the time of the offense
4 charged he was on bond or pre-trial release pending trial,
5 probation, periodic imprisonment or conditional discharge
6 pursuant to this Code or the comparable Code of any other
7 state or federal jurisdiction, whether the defendant is on
8 bond or pre-trial release pending the imposition or execution
9 of sentence or appeal of sentence for any offense under the
10 laws of Illinois or any other state or federal jurisdiction,
11 whether the defendant is under parole or mandatory supervised
12 release or work release from the Illinois Department of
13 Corrections or any penal institution or corrections
14 department of any state or federal jurisdiction, the
15 defendant's record of convictions, whether the defendant has
16 been convicted of a misdemeanor or ordinance offense in
17 Illinois or similar offense in other state or federal
18 jurisdiction within the 10 years preceding the current charge
19 or convicted of a felony in Illinois, whether the defendant
20 was convicted of an offense in another state or federal
21 jurisdiction that would be a felony if committed in Illinois
22 within the 20 years preceding the current charge or has been
23 convicted of such felony and released from the penitentiary
24 within 20 years preceding the current charge if a
25 penitentiary sentence was imposed in Illinois or other state
26 or federal jurisdiction, the defendant's records of juvenile
27 adjudication of delinquency in any jurisdiction, any record
28 of appearance or failure to appear by the defendant at court
29 proceedings, whether there was flight to avoid arrest or
30 prosecution, whether the defendant escaped or attempted to
31 escape to avoid arrest, whether the defendant refused to
32 identify himself, or whether there was a refusal by the
33 defendant to be fingerprinted as required by law.
34 Information used by the court in its findings or stated in or
-4- LRB9001805RCks
1 offered in connection with this Section may be by way of
2 proffer based upon reliable information offered by the State
3 or defendant. All evidence shall be admissible if it is
4 relevant and reliable regardless of whether it would be
5 admissible under the rules of evidence applicable at criminal
6 trials. For the purposes of this Section, "organized gang"
7 has the meaning ascribed to it in Section 10 of the Illinois
8 Streetgang Terrorism Omnibus Prevention Act.
9 (b) The amount of bail shall be:
10 (1) Sufficient to assure compliance with the
11 conditions set forth in the bail bond, which shall
12 include the defendant's current address with a written
13 admonishment to the defendant that he or she must comply
14 with the provisions of Section 110-12 regarding any
15 change in his or her address. The defendant's address
16 shall at all times remain a matter of public record with
17 the clerk of the court.
18 (2) Not oppressive.
19 (3) Considerate of the financial ability of the
20 accused.
21 (4) When a person is charged with a drug related
22 offense involving possession or delivery of cannabis or
23 possession or delivery of a controlled substance as
24 defined in the Cannabis Control Act, as amended, or the
25 Illinois Controlled Substances Act, as amended, the full
26 street value of the drugs seized shall be considered.
27 "Street value" shall be determined by the court on the
28 basis of a proffer by the State based upon reliable
29 information of a law enforcement official contained in a
30 written report as to the amount seized and such proffer
31 may be used by the court as to the current street value
32 of the smallest unit of the drug seized.
33 (5) $3,000 when a person is charged with domestic
34 battery.
-5- LRB9001805RCks
1 (c) When a person is charged with an offense punishable
2 by fine only the amount of the bail shall not exceed double
3 the amount of the maximum penalty.
4 (d) When a person has been convicted of an offense and
5 only a fine has been imposed the amount of the bail shall not
6 exceed double the amount of the fine.
7 (e) The State may appeal any order granting bail or
8 setting a given amount for bail.
9 (Source: P.A. 88-677, eff. 12-15-94; 88-679, eff. 7-1-95;
10 89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)