[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB3067 LRB9207680RCcd 1 AN ACT in relation to 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 110-6 as follows: 6 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6) 7 Sec. 110-6. (a) Upon verified application by the State 8 or the defendant or on its own motion the court before which 9 the proceeding is pending may increase or reduce the amount 10 of bail or may alter the conditions of the bail bond or grant 11 bail where it has been previously revoked or denied. If bail 12 has been previously revoked pursuant to subsection (f) of 13 this Section or if bail has been denied to the defendant 14 pursuant to subsection (e) of Section 110-6.1 or subsection 15 (e) of Section 110-6.3, the defendant shall be required to 16 present a verified application setting forth in detail any 17 new facts not known or obtainable at the time of the previous 18 revocation or denial of bail proceedings. If the court 19 grants bail where it has been previously revoked or denied, 20 the court shall state on the record of the proceedings the 21 findings of facts and conclusion of law upon which such order 22 is based. 23 (b) Violation of the conditions of Section 110-10 of 24 this Code or any special conditions of bail as ordered by the 25 court shall constitute grounds for the court to increase the 26 amount of bail, or otherwise alter the conditions of bail, 27 or, where the alleged offense committed on bail is a forcible 28 felony in Illinois or a Class 2 or greater offense under the 29 Controlled Substances Act or Cannabis Control Act, revoke 30 bail pursuant to the appropriate provisions of subsection (e) 31 of this section. -2- LRB9207680RCcd 1 (c) Reasonable notice of such application by the 2 defendant shall be given to the State. 3 (d) Reasonable notice of such application by the State 4 shall be given to the defendant, except as provided in 5 subsection (e) or (f-5). 6 (e) Upon verified application by the State stating facts 7 or circumstances constituting a violation or a threatened 8 violation of any of the conditions of the bail bond the court 9 may issue a warrant commanding any peace officer to bring the 10 defendant without unnecessary delay before the court for a 11 hearing on the matters set forth in the application. If the 12 actual court before which the proceeding is pending is absent 13 or otherwise unavailable another court may issue a warrant 14 pursuant to this Section. When the defendant is charged with 15 a felony offense and while free on bail is charged with a 16 subsequent felony offense and is the subject of a proceeding 17 set forth in Section 109-1 or 109-3 of this Code, upon the 18 filing of a verified petition by the State alleging a 19 violation of Section 110-10 (a) (4) of this Code, the court 20 shall without prior notice to the defendant, grant leave to 21 file such application and shall order the transfer of the 22 defendant and the application without unnecessary delay to 23 the court before which the previous felony matter is pending 24 for a hearing as provided in subsection (b) or this 25 subsection of this Section. The defendant shall be held 26 without bond pending transfer to and a hearing before such 27 court. At the conclusion of the hearing based on a violation 28 of the conditions of Section 110-10 of this Code or any 29 special conditions of bail as ordered by the court the court 30 may enter an order increasing the amount of bail or alter the 31 conditions of bail as deemed appropriate. 32 (f) Where the alleged violation consists of the 33 violation of one or more felony statutes of any jurisdiction 34 which would be a forcible felony in Illinois or a Class 2 or -3- LRB9207680RCcd 1 greater offense under the Illinois Controlled Substances Act 2 or Cannabis Control Act and the defendant is on bail for the 3 alleged commission of a felony, the court shall, on the 4 motion of the State or its own motion, revoke bail in 5 accordance with the following provisions: 6 (1) The court shall hold the defendant without bail 7 pending the hearing on the alleged breach; however, if 8 the defendant is not admitted to bail the hearing shall 9 be commenced within 10 days from the date the defendant 10 is taken into custody or the defendant may not be held 11 any longer without bail, unless delay is occasioned by 12 the defendant. Where defendant occasions the delay, the 13 running of the 10 day period is temporarily suspended and 14 resumes at the termination of the period of delay. Where 15 defendant occasions the delay with 5 or fewer days 16 remaining in the 10 day period, the court may grant a 17 period of up to 5 additional days to the State for good 18 cause shown. The State, however, shall retain the right 19 to proceed to hearing on the alleged violation at any 20 time, upon reasonable notice to the defendant and the 21 court. 22 (2) At a hearing on the alleged violation the State 23 has the burden of going forward and proving the violation 24 by clear and convincing evidence. The evidence shall be 25 presented in open court with the opportunity to testify, 26 to present witnesses in his behalf, and to cross-examine 27 witnesses if any are called by the State, and 28 representation by counsel and if the defendant is 29 indigent to have counsel appointed for him. The rules of 30 evidence applicable in criminal trials in this State 31 shall not govern the admissibility of evidence at such 32 hearing. Information used by the court in its findings or 33 stated in or offered in connection with hearings for 34 increase or revocation of bail may be by way of proffer -4- LRB9207680RCcd 1 based upon reliable information offered by the State or 2 defendant. All evidence shall be admissible if it is 3 relevant and reliable regardless of whether it would be 4 admissible under the rules of evidence applicable at 5 criminal trials. A motion by the defendant to suppress 6 evidence or to suppress a confession shall not be 7 entertained at such a hearing. Evidence that proof may 8 have been obtained as a result of an unlawful search and 9 seizure or through improper interrogation is not relevant 10 to this hearing. 11 (3) Upon a finding by the court that the State has 12 established by clear and convincing evidence that the 13 defendant has committed a forcible felony or a Class 2 or 14 greater offense under the Controlled Substances Act or 15 Cannabis Control Act while admitted to bail, the court 16 shall revoke the bail of the defendant and hold the 17 defendant for trial without bail. Neither the finding of 18 the court nor any transcript or other record of the 19 hearing shall be admissible in the State's case in chief, 20 but shall be admissible for impeachment, or as provided 21 in Section 115-10.1 of this Code or in a perjury 22 proceeding. 23 (4) If the bail of any defendant is revoked 24 pursuant to paragraph (f) (3) of this Section, the 25 defendant may demand and shall be entitled to be brought 26 to trial on the offense with respect to which he was 27 formerly released on bail within 90 days after the date 28 on which his bail was revoked. If the defendant is not 29 brought to trial within the 90 day period required by the 30 preceding sentence, he shall not be held longer without 31 bail. In computing the 90 day period, the court shall 32 omit any period of delay resulting from a continuance 33 granted at the request of the defendant. 34 (5) If the defendant either is arrested on a -5- LRB9207680RCcd 1 warrant issued pursuant to this Code or is arrested for 2 an unrelated offense and it is subsequently discovered 3 that the defendant is a subject of another warrant or 4 warrants issued pursuant to this Code, the defendant 5 shall be transferred promptly to the court which issued 6 such warrant. If, however, the defendant appears 7 initially before a court other than the court which 8 issued such warrant, the non-issuing court shall not 9 alter the amount of bail heretofore set on such warrant 10 unless the court sets forth on the record of proceedings 11 the conclusions of law and facts which are the basis for 12 such altering of another court's bond. The non-issuing 13 court shall not alter another courts bail set on a 14 warrant unless the interests of justice and public safety 15 are served by such action. 16 (f-5) Upon a certificate executed by a physician, 17 clinical psychologist, or qualified examiner, as these terms 18 are defined in the Mental Health and Developmental 19 Disabilities Code, stating that the defendant charged with a 20 felony is a person with a mental illness and is in need of 21 immediate hospitalization because the defendant is reasonably 22 expected to inflict serious physical harm upon himself, 23 herself, or others in the near future, or is unable to 24 provide for his or her basic physical needs to guard himself 25 or herself from serious physical harm, the court may revoke 26 the defendant's bond and order the defendant to appear before 27 the court to determine whether immediate hospitalization is 28 necessary. 29 (g) The State may appeal any order where the court has 30 increased or reduced the amount of bail or altered the 31 conditions of the bail bond or granted bail where it has 32 previously been revoked. 33 (Source: P.A. 86-984; 87-870; 87-871.) -6- LRB9207680RCcd 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.