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Public Act 093-0817 |
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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 | ||||
amended by changing Section 110-5 as follows:
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(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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Sec. 110-5. Determining the amount of bail and conditions | ||||
of release.
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(a) In determining the amount of monetary bail or | ||||
conditions of release, if
any,
which will reasonably assure the | ||||
appearance of a defendant as required or
the safety of any | ||||
other person or the community and the likelihood of
compliance | ||||
by the
defendant with all the conditions of bail, the court | ||||
shall, on the
basis of available information, take into account | ||||
such matters as the
nature and circumstances of the offense | ||||
charged, whether the evidence
shows that as part of the offense | ||||
there was a use of violence or threatened
use of violence, | ||||
whether the offense involved corruption of public
officials or | ||||
employees, whether there was physical harm or threats of | ||||
physical
harm to any
public official, public employee, judge, | ||||
prosecutor, juror or witness,
senior citizen, child or | ||||
handicapped person, whether evidence shows that
during the | ||||
offense or during the arrest the defendant possessed or used a
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firearm, machine gun, explosive or metal piercing ammunition or | ||||
explosive
bomb device or any military or paramilitary armament,
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whether the evidence
shows that the offense committed was | ||||
related to or in furtherance of the
criminal activities of an | ||||
organized gang or was motivated by the defendant's
membership | ||||
in or allegiance to an organized gang,
the condition of the
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victim, any written statement submitted by the victim or | ||||
proffer or
representation by the State regarding the
impact | ||||
which the alleged criminal conduct has had on the victim and |
the
victim's concern, if any, with further contact with the | ||
defendant if
released on bail, whether the offense was based on | ||
racial, religious,
sexual orientation or ethnic hatred,
the | ||
likelihood of the filing of a greater charge, the likelihood of
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conviction, the sentence applicable upon conviction, the | ||
weight of the evidence
against such defendant, whether there | ||
exists motivation or ability to
flee, whether there is any | ||
verification as to prior residence, education,
or family ties | ||
in the local jurisdiction, in another county,
state or foreign | ||
country, the defendant's employment, financial resources,
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character and mental condition, past conduct, prior use of | ||
alias names or
dates of birth, and length of residence in the | ||
community,
the consent of the defendant to periodic drug | ||
testing in accordance with
Section 110-6.5,
whether a foreign | ||
national defendant is lawfully admitted in the United
States of | ||
America, whether the government of the foreign national
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maintains an extradition treaty with the United States by which | ||
the foreign
government will extradite to the United States its | ||
national for a trial for
a crime allegedly committed in the | ||
United States, whether the defendant is
currently subject to | ||
deportation or exclusion under the immigration laws of
the | ||
United States, whether the defendant, although a United States | ||
citizen,
is considered under the law of any foreign state a | ||
national of that state
for the purposes of extradition or | ||
non-extradition to the United States,
the amount of unrecovered | ||
proceeds lost as a result of
the alleged offense, the
source of | ||
bail funds tendered or sought to be tendered for bail,
whether | ||
from the totality of the court's consideration,
the loss of | ||
funds posted or sought to be posted for bail will not deter the
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defendant from flight, whether the evidence shows that the | ||
defendant is
engaged in significant
possession, manufacture, | ||
or delivery of a controlled substance or cannabis,
either | ||
individually or in consort with others,
whether at the time of | ||
the offense
charged he was on bond or pre-trial release pending | ||
trial, probation,
periodic imprisonment or conditional | ||
discharge pursuant to this Code or the
comparable Code of any |
other state or federal jurisdiction, whether the
defendant is | ||
on bond or
pre-trial release pending the imposition or | ||
execution of sentence or appeal of
sentence for any offense | ||
under the laws of Illinois or any other state or
federal | ||
jurisdiction, whether the defendant is under parole or | ||
mandatory
supervised release or
work release from the Illinois | ||
Department of Corrections or any penal
institution or | ||
corrections department of any state or federal
jurisdiction, | ||
the defendant's record of convictions, whether the defendant | ||
has been
convicted of a misdemeanor or ordinance offense in | ||
Illinois or similar
offense in other state or federal | ||
jurisdiction within the 10 years
preceding the current charge | ||
or convicted of a felony in Illinois, whether
the defendant was | ||
convicted of an offense in another state or federal
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jurisdiction that would
be a felony if committed in Illinois | ||
within the 20 years preceding the
current charge or has been | ||
convicted of such felony and released from the
penitentiary | ||
within 20 years preceding the current charge if a
penitentiary | ||
sentence was imposed in Illinois or other state or federal
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jurisdiction, the defendant's records of juvenile adjudication | ||
of delinquency in any
jurisdiction, any record of appearance or | ||
failure to appear by
the defendant at
court proceedings, | ||
whether there was flight to avoid arrest or
prosecution, | ||
whether the defendant escaped or
attempted to escape to avoid | ||
arrest, whether the defendant refused to
identify himself, or | ||
whether there was a refusal by the defendant to be
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fingerprinted as required by law. Information used by the court | ||
in its
findings or stated in or
offered in connection with this | ||
Section may be by way of proffer based upon
reliable | ||
information offered by the State or defendant.
All evidence | ||
shall be admissible if it is relevant and
reliable regardless | ||
of whether it would be admissible under the rules of
evidence | ||
applicable at criminal trials.
If the State presents evidence | ||
that the offense committed by the defendant
was related to or | ||
in furtherance of the criminal activities of an organized
gang | ||
or was motivated by the defendant's membership in or allegiance |
to an
organized gang, and if the court determines that the | ||
evidence may be
substantiated, the court shall prohibit the | ||
defendant from associating with
other members of the organized | ||
gang as a condition of bail or release.
For the purposes of | ||
this Section,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
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(b) The amount of bail shall be:
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(1) Sufficient to assure compliance with the | ||
conditions set forth in the
bail bond, which shall include | ||
the defendant's current address with a written
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admonishment to the defendant that he or she must comply | ||
with the provisions of
Section 110-12 regarding any change | ||
in his or her address. The defendant's
address shall at all | ||
times remain a matter of public record with the clerk
of | ||
the court.
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(2) Not oppressive.
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(3) Considerate of the financial ability of the | ||
accused.
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(4) When a person is charged with a drug related | ||
offense involving
possession or delivery of cannabis or | ||
possession or delivery of a
controlled substance as defined | ||
in the Cannabis Control Act, as amended, or
the Illinois | ||
Controlled Substances Act, as amended, the full street | ||
value
of the drugs seized shall be considered. "Street | ||
value" shall be
determined by the court on the basis of a | ||
proffer by the State based upon
reliable information of a | ||
law enforcement official contained in a written
report as | ||
to the amount seized and such proffer may be used by the | ||
court as
to the current street value of the smallest unit | ||
of the drug seized.
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(b-5) Upon the filing of a written request demonstrating | ||
reasonable cause, the State's Attorney may request a source of | ||
bail hearing either before or after the posting of any funds.
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If the hearing is granted, before the posting of any bail, the | ||
accused must file a written notice requesting that the court |
conduct a source of bail hearing. The notice must be | ||
accompanied by justifying affidavits stating the legitimate | ||
and lawful source of funds for bail. At the hearing, the court | ||
shall inquire into any matters stated in any justifying | ||
affidavits, and may also inquire into matters appropriate to | ||
the determination which shall include, but are not limited to, | ||
the following: | ||
(1) the background, character, reputation, and | ||
relationship to the accused of any surety; and | ||
(2) the source of any money or property deposited by | ||
any surety, and whether any such money or property | ||
constitutes the fruits of criminal or unlawful conduct; and | ||
(3) the source of any money posted as cash bail, and | ||
whether any such money constitutes the fruits of criminal | ||
or unlawful conduct; and | ||
(4) the background, character, reputation, and | ||
relationship to the accused of the person posting cash | ||
bail. | ||
Upon setting the hearing, the court shall examine, under | ||
oath, any persons who may possess material information. | ||
The State's Attorney has a right to attend the hearing, to | ||
call witnesses and to examine any witness in the proceeding. | ||
The court shall, upon request of the State's Attorney, continue | ||
the proceedings for a reasonable period to allow the State's | ||
Attorney to investigate the matter raised in any testimony or | ||
affidavit.
If the hearing is granted after the accused has | ||
posted bail, the court shall conduct a hearing consistent with | ||
this subsection (b-5). At the conclusion of the hearing, the | ||
court must issue an order either approving of disapproving the | ||
bail.
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(c) When a person is charged with an offense punishable by | ||
fine only the
amount of the bail shall not exceed double the | ||
amount of the maximum penalty.
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(d) When a person has been convicted of an offense and only | ||
a fine has
been imposed the amount of the bail shall not exceed | ||
double the amount of
the fine.
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(e) The State may appeal any order granting bail or setting
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a given amount for bail.
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(Source: P.A. 93-254, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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