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| [ Introduced ] | [ Senate Amendment 001 ] |
92_HB3314eng HB3314 Engrossed LRB9206112RCcd 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 Intergovernmental Missing Child Recovery 5 Act of 1984 is amended by changing Section 6 as follows: 6 (325 ILCS 40/6) (from Ch. 23, par. 2256) 7 Sec. 6. The Department shall: 8 (a) Establish and maintain a statewide Law Enforcement 9 Agencies Data System (LEADS) for the purpose of effecting an 10 immediate law enforcement response to reports of missing 11 children. The Department shall implement an automated data 12 exchange system to compile, to maintain and to make available 13 for dissemination to Illinois and out-of-State law 14 enforcement agencies, data which can assist appropriate 15 agencies in recovering missing children. 16 (b) Establish contacts and exchange information 17 regarding lost, missing or runaway children with nationally 18 recognized "missing person and runaway" service organizations 19 and monitor national research and publicize important 20 developments. 21 (c) Provide a uniform reporting format for the entry of 22 pertinent information regarding reports of missing children 23 into LEADS. 24 (d) Develop and implement a policy whereby a statewide 25 or regional alert would be used in situations relating to the 26 disappearances of children, based on criteria and in a format 27 established by the Department. Such a format shall include, 28 but not be limited to, the age and physical description of 29 the missing child and the suspected circumstances of the 30 disappearance. 31 (e) Notify all law enforcement agencies that reports of HB3314 Engrossed -2- LRB9206112RCcd 1 missing persons shall be entered as soon as the minimum level 2 of data specified by the Department is available to the 3 reporting agency and that no waiting period for entry of such 4 data exists. 5 (f) Provide a procedure for prompt confirmation of the 6 receipt and entry of the missing child report into LEADS to 7 the parent or guardian of the missing child. 8 (g) Compile and retain information regarding missing 9 children in a separate data file, in a manner that allows 10 such information to be used by law enforcement and other 11 agencies deemed appropriate by the Director, for 12 investigative purposes. Such files shall be updated to 13 reflect and include information relating to the disposition 14 of the case. 15 (h) Compile and maintain an historic data repository 16 relating to missing children in order (1) to develop and 17 improve techniques utilized by law enforcement agencies when 18 responding to reports of missing children and (2) to provide 19 a factual and statistical base for research that would 20 address the problem of missing children. 21 (i) Create a quality control program to monitor 22 timeliness of entries of missing children reports into LEADS 23 and conduct performance audits of all entering agencies. 24 (j) Prepare a periodic information bulletin concerning 25 missing children who it determines may be present in this 26 State, compiling such bulletin from information contained in 27 both the National Crime Information Center computer and from 28 reports, alerts and other information entered into LEADS or 29 otherwise compiled and retained by the Department pursuant to 30 this Act. The bulletin shall indicate the name, age, physical 31 description, suspected circumstances of disappearance if that 32 information is available, a photograph if one is available, 33 the name of the law enforcement agency investigating the 34 case, and such other information as the Director considers HB3314 Engrossed -3- LRB9206112RCcd 1 appropriate concerning each missing child who the Department 2 determines may be present in this State. The Department 3 shall send a copy of each periodic information bulletin to 4 the State Board of Education for its use in accordance with 5 Section 2-3.48 of the School Code. The Department shall 6 provide a copy of the bulletin, upon request, to law 7 enforcement agencies of this or any other state or of the 8 federal government, and may provide a copy of the bulletin, 9 upon request, to other persons or entities, if deemed 10 appropriate by the Director, and may establish limitations on 11 its use and a reasonable fee for so providing the same, 12 except that no fee shall be charged for providing the 13 periodic information bulletin to the State Board of 14 Education, appropriate units of local government, State 15 agencies, or law enforcement agencies of this or any other 16 state or of the federal government. 17 (k) Provide for the entry into LEADS of the names and 18 addresses of sex offenders as defined in the Sex Offender 19 Registration Act who are required to register under that Act. 20 The information shall be immediately accessible to law 21 enforcement agencies and peace officers of this State or any 22 other state or of the federal government. Similar information 23 may be requested from any other state or of the federal 24 government for purposes of this Act. 25 (l) Provide for the entry into LEADS of the name and 26 address of each person who has been charged with a criminal 27 offense in which the victim of the offense is a family or 28 household member as defined in Article 112A of the Code of 29 Criminal Procedure of 1963 and who has been released on bond 30 in which the condition of the bond is that the defendant 31 refrain from contact or communication with the victim for a 32 minimum period of 72 hours following the defendant's release 33 and refrain from entering or remaining at the victim's 34 residence for a minimum period of 72 hours following the HB3314 Engrossed -4- LRB9206112RCcd 1 defendant's release or any other conditions restricting 2 contact with the victim as the court imposes. The information 3 must remain in LEADS until the court that imposed the 4 conditions of bond otherwise orders. The information must be 5 immediately accessible to law enforcement agencies and peace 6 officers of this State or any other state or of the federal 7 government. Similar information may be requested from any 8 other state or the federal government for the purposes of 9 this Act. 10 (Source: P.A. 88-76; 89-8, eff. 1-1-96.) 11 Section 10. The Code of Criminal Procedure of 1963 is 12 amended by changing Section 110-10 as follows: 13 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 14 Sec. 110-10. Conditions of bail bond. 15 (a) If a person is released prior to conviction, either 16 upon payment of bail security or on his or her own 17 recognizance, the conditions of the bail bond shall be that 18 he or she will: 19 (1) Appear to answer the charge in the court having 20 jurisdiction on a day certain and thereafter as ordered 21 by the court until discharged or final order of the 22 court; 23 (2) Submit himself or herself to the orders and 24 process of the court; 25 (3) Not depart this State without leave of the 26 court; 27 (4) Not violate any criminal statute of any 28 jurisdiction; 29 (5) At a time and place designated by the court, 30 surrender all firearms in his or her possession to a law 31 enforcement officer designated by the court to take 32 custody of and impound the firearms when the offense the HB3314 Engrossed -5- LRB9206112RCcd 1 person has been charged with is a forcible felony, 2 stalking, aggravated stalking, domestic battery, any 3 violation of either the Illinois Controlled Substances 4 Act or the Cannabis Control Act that is classified as a 5 Class 2 or greater felony, or any felony violation of 6 Article 24 of the Criminal Code of 1961; the court may, 7 however, forgo the imposition of this condition when the 8 circumstances of the case clearly do not warrant it or 9 when its imposition would be impractical; all legally 10 possessed firearms shall be returned to the person upon 11 that person completing a sentence for a conviction on a 12 misdemeanor domestic battery, upon the charges being 13 dismissed, or if the person is found not guilty, unless 14 the finding of not guilty is by reason of insanity; and 15 (6) At a time and place designated by the court, 16 submit to a psychological evaluation when the person has 17 been charged with a violation of item (4) of subsection 18 (a) of Section 24-1 of the Criminal Code of 1961 and that 19 violation occurred in a school or in any conveyance 20 owned, leased, or contracted by a school to transport 21 students to or from school or a school-related activity, 22 or on any public way within 1,000 feet of real property 23 comprising any school. 24 Psychological evaluations ordered pursuant to this 25 Section shall be completed promptly and made available to the 26 State, the defendant, and the court. As a further condition 27 of bail under these circumstances, the court shall order the 28 defendant to refrain from entering upon the property of the 29 school, including any conveyance owned, leased, or contracted 30 by a school to transport students to or from school or a 31 school-related activity, or on any public way within 1,000 32 feet of real property comprising any school. Upon receipt of 33 the psychological evaluation, either the State or the 34 defendant may request a change in the conditions of bail, HB3314 Engrossed -6- LRB9206112RCcd 1 pursuant to Section 110-6 of this Code. The court may change 2 the conditions of bail to include a requirement that the 3 defendant follow the recommendations of the psychological 4 evaluation, including undergoing psychiatric treatment. The 5 conclusions of the psychological evaluation and any 6 statements elicited from the defendant during its 7 administration are not admissible as evidence of guilt during 8 the course of any trial on the charged offense, unless the 9 defendant places his or her mental competency in issue. 10 (b) The court may impose other conditions, such as the 11 following, if the court finds that such conditions are 12 reasonably necessary to assure the defendant's appearance in 13 court, protect the public from the defendant, or prevent the 14 defendant's unlawful interference with the orderly 15 administration of justice: 16 (1) Report to or appear in person before such 17 person or agency as the court may direct; 18 (2) Refrain from possessing a firearm or other 19 dangerous weapon; 20 (3) Refrain from approaching or communicating with 21 particular persons or classes of persons; 22 (4) Refrain from going to certain described 23 geographical areas or premises; 24 (5) Refrain from engaging in certain activities or 25 indulging in intoxicating liquors or in certain drugs; 26 (6) Undergo treatment for drug addiction or 27 alcoholism; 28 (7) Undergo medical or psychiatric treatment; 29 (8) Work or pursue a course of study or vocational 30 training; 31 (9) Attend or reside in a facility designated by 32 the court; 33 (10) Support his or her dependents; 34 (11) If a minor resides with his or her parents or HB3314 Engrossed -7- LRB9206112RCcd 1 in a foster home, attend school, attend a non-residential 2 program for youths, and contribute to his or her own 3 support at home or in a foster home; 4 (12) Observe any curfew ordered by the court; 5 (13) Remain in the custody of such designated 6 person or organization agreeing to supervise his release. 7 Such third party custodian shall be responsible for 8 notifying the court if the defendant fails to observe the 9 conditions of release which the custodian has agreed to 10 monitor, and shall be subject to contempt of court for 11 failure so to notify the court; 12 (14) Be placed under direct supervision of the 13 Pretrial Services Agency, Probation Department or Court 14 Services Department in a pretrial bond home supervision 15 capacity with or without the use of an approved 16 electronic monitoring device subject to Article 8A of 17 Chapter V of the Unified Code of Corrections; 18 (14.1) The court shall impose upon a defendant who 19 is charged with any alcohol, cannabis or controlled 20 substance violation and is placed under direct 21 supervision of the Pretrial Services Agency, Probation 22 Department or Court Services Department in a pretrial 23 bond home supervision capacity with the use of an 24 approved monitoring device, as a condition of such bail 25 bond, a fee that represents costs incidental to the 26 electronic monitoring for each day of such bail 27 supervision ordered by the court, unless after 28 determining the inability of the defendant to pay the 29 fee, the court assesses a lesser fee or no fee as the 30 case may be. The fee shall be collected by the clerk of 31 the circuit court. The clerk of the circuit court shall 32 pay all monies collected from this fee to the county 33 treasurer for deposit in the substance abuse services 34 fund under Section 5-1086.1 of the Counties Code; HB3314 Engrossed -8- LRB9206112RCcd 1 (14.2) The court shall impose upon all defendants, 2 including those defendants subject to paragraph (14.1) 3 above, placed under direct supervision of the Pretrial 4 Services Agency, Probation Department or Court Services 5 Department in a pretrial bond home supervision capacity 6 with the use of an approved monitoring device, as a 7 condition of such bail bond, a fee which shall represent 8 costs incidental to such electronic monitoring for each 9 day of such bail supervision ordered by the court, unless 10 after determining the inability of the defendant to pay 11 the fee, the court assesses a lesser fee or no fee as the 12 case may be. The fee shall be collected by the clerk of 13 the circuit court. The clerk of the circuit court shall 14 pay all monies collected from this fee to the county 15 treasurer who shall use the monies collected to defray 16 the costs of corrections. The county treasurer shall 17 deposit the fee collected in the county working cash fund 18 under Section 6-27001 or Section 6-29002 of the Counties 19 Code, as the case may be; 20 (15) Comply with the terms and conditions of an 21 order of protection issued by the court under the 22 Illinois Domestic Violence Act of 1986 or an order of 23 protection issued by the court of another state, tribe, 24 or United States territory; 25 (16) Under Section 110-6.5 comply with the 26 conditions of the drug testing program; and 27 (17) Such other reasonable conditions as the court 28 may impose. 29 (c) When a person is charged with an offense under 30 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 31 "Criminal Code of 1961", involving a victim who is a minor 32 under 18 years of age living in the same household with the 33 defendant at the time of the offense, in granting bail or 34 releasing the defendant on his own recognizance, the judge HB3314 Engrossed -9- LRB9206112RCcd 1 shall impose conditions to restrict the defendant's access to 2 the victim which may include, but are not limited to 3 conditions that he will: 4 1. Vacate the Household. 5 2. Make payment of temporary support to his 6 dependents. 7 3. Refrain from contact or communication with the 8 child victim, except as ordered by the court. 9 (d) When a person is charged with a criminal offense and 10 the victim is a family or household member as defined in 11 Article 112A, conditions shall be imposed at the time of the 12 defendant's release on bond that restrict the defendant's 13 access to the victim. Unless provided otherwise by the court, 14 the restrictions shall include requirements that the 15 defendant do the following: 16 (1) refrain from contact or communication with the 17 victim for a minimum period of 72 hours following the 18 defendant's release; and 19 (2) refrain from entering or remaining at the 20 victim's residence for a minimum period of 72 hours 21 following the defendant's release. 22 (d-5) When a person is charged with a criminal offense 23 and released on bond and the victim of the offense is a 24 family or household member as defined in Article 112A, the 25 clerk of the circuit court of the circuit in which the 26 defendant is charged must transmit as soon as possible to the 27 Department of State Police information about the offense 28 charged and the conditions of the bond as specified in 29 subsection (d). The Department of State Police must enter 30 the information into the Law Enforcement Agencies Data System 31 (LEADS) as provided in Section 6 of the Intergovernmental 32 Missing Child Recovery Act of 1984. 33 (e) Local law enforcement agencies shall develop 34 standardized bond forms for use in cases involving family or HB3314 Engrossed -10- LRB9206112RCcd 1 household members as defined in Article 112A, including 2 specific conditions of bond as provided in subsection (d). 3 Failure of any law enforcement department to develop or use 4 those forms shall in no way limit the applicability and 5 enforcement of subsections (d) and (f). 6 (f) If the defendant is admitted to bail after 7 conviction the conditions of the bail bond shall be that he 8 will, in addition to the conditions set forth in subsections 9 (a) and (b) hereof: 10 (1) Duly prosecute his appeal; 11 (2) Appear at such time and place as the court may 12 direct; 13 (3) Not depart this State without leave of the 14 court; 15 (4) Comply with such other reasonable conditions as 16 the court may impose; and, 17 (5) If the judgment is affirmed or the cause 18 reversed and remanded for a new trial, forthwith 19 surrender to the officer from whose custody he was 20 bailed. 21 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 22 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff. 23 1-1-01.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.