Illinois General Assembly - Full Text of Public Act 093-0817
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Public Act 093-0817




Public Act 093-0817
SB2809 Enrolled LRB093 20986 RLC 46985 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-5 as follows:
    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (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
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
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
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
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,
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
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
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
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
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
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.
    (b) The amount of bail shall be:
        (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
    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.
        (2) Not oppressive.
        (3) Considerate of the financial ability of the
        (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.
    (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.
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
    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
    (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.
    (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.
    (e) The State may appeal any order granting bail or setting
a given amount for bail.
(Source: P.A. 93-254, eff. 1-1-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2004