093_HB3090eng HB3090 Engrossed LRB093 08197 LCB 08404 b 1 AN ACT concerning 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. HB3090 Engrossed -2- LRB093 08197 LCB 08404 b 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). 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 HB3090 Engrossed -3- LRB093 08197 LCB 08404 b 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, or where the defendant is on 4 bail for a felony domestic battery (enhanced pursuant to 5 subsection (b) of Section 12-3.2 of the Criminal Code of 6 1961), aggravated domestic battery, aggravated battery, 7 unlawful restraint, aggravated unlawful restraint or domestic 8 battery in violation of item (1) of subsection (a) of Section 9 12-3.2 of the Criminal Code of 1961 against a family or 10 household member as defined in Section 112A-3 of this Code 11 and the violation is an offense of domestic battery against 12 the same victim the court shall, on the motion of the State 13 or its own motion, revoke bail in accordance with the 14 following provisions: 15 (1) The court shall hold the defendant without bail 16 pending the hearing on the alleged breach; however, if 17 the defendant is not admitted to bail the hearing shall 18 be commenced within 10 days from the date the defendant 19 is taken into custody or the defendant may not be held 20 any longer without bail, unless delay is occasioned by 21 the defendant. Where defendant occasions the delay, the 22 running of the 10 day period is temporarily suspended and 23 resumes at the termination of the period of delay. Where 24 defendant occasions the delay with 5 or fewer days 25 remaining in the 10 day period, the court may grant a 26 period of up to 5 additional days to the State for good 27 cause shown. The State, however, shall retain the right 28 to proceed to hearing on the alleged violation at any 29 time, upon reasonable notice to the defendant and the 30 court. 31 (2) At a hearing on the alleged violation the State 32 has the burden of going forward and proving the violation 33 by clear and convincing evidence. The evidence shall be 34 presented in open court with the opportunity to testify, HB3090 Engrossed -4- LRB093 08197 LCB 08404 b 1 to present witnesses in his behalf, and to cross-examine 2 witnesses if any are called by the State, and 3 representation by counsel and if the defendant is 4 indigent to have counsel appointed for him. The rules of 5 evidence applicable in criminal trials in this State 6 shall not govern the admissibility of evidence at such 7 hearing. Information used by the court in its findings or 8 stated in or offered in connection with hearings for 9 increase or revocation of bail may be by way of proffer 10 based upon reliable information offered by the State or 11 defendant. All evidence shall be admissible if it is 12 relevant and reliable regardless of whether it would be 13 admissible under the rules of evidence applicable at 14 criminal trials. A motion by the defendant to suppress 15 evidence or to suppress a confession shall not be 16 entertained at such a hearing. Evidence that proof may 17 have been obtained as a result of an unlawful search and 18 seizure or through improper interrogation is not relevant 19 to this hearing. 20 (3) Upon a finding by the court that the State has 21 established by clear and convincing evidence that the 22 defendant has committed a forcible felony or a Class 2 or 23 greater offense under the Controlled Substances Act or 24 Cannabis Control Act while admitted to bail, or where the 25 defendant is on bail for a felony domestic battery 26 (enhanced pursuant to subsection (b) of Section 12-3.2 of 27 the Criminal Code of 1961), aggravated domestic battery, 28 aggravated battery, unlawful restraint, aggravated 29 unlawful restraint or domestic battery in violation of 30 item (1) of subsection (a) of Section 12-3.2 of the 31 Criminal Code of 1961 against a family or household 32 member as defined in Section 112A-3 of this Code and the 33 violation is an offense of domestic battery, against the 34 same victim, the court shall revoke the bail of the HB3090 Engrossed -5- LRB093 08197 LCB 08404 b 1 defendant and hold the defendant for trial without bail. 2 Neither the finding of the court nor any transcript or 3 other record of the hearing shall be admissible in the 4 State's case in chief, but shall be admissible for 5 impeachment, or as provided in Section 115-10.1 of this 6 Code or in a perjury proceeding. 7 (4) If the bail of any defendant is revoked 8 pursuant to paragraph (f) (3) of this Section, the 9 defendant may demand and shall be entitled to be brought 10 to trial on the offense with respect to which he was 11 formerly released on bail within 90 days after the date 12 on which his bail was revoked. If the defendant is not 13 brought to trial within the 90 day period required by the 14 preceding sentence, he shall not be held longer without 15 bail. In computing the 90 day period, the court shall 16 omit any period of delay resulting from a continuance 17 granted at the request of the defendant. 18 (5) If the defendant either is arrested on a 19 warrant issued pursuant to this Code or is arrested for 20 an unrelated offense and it is subsequently discovered 21 that the defendant is a subject of another warrant or 22 warrants issued pursuant to this Code, the defendant 23 shall be transferred promptly to the court which issued 24 such warrant. If, however, the defendant appears 25 initially before a court other than the court which 26 issued such warrant, the non-issuing court shall not 27 alter the amount of bail heretofore set on such warrant 28 unless the court sets forth on the record of proceedings 29 the conclusions of law and facts which are the basis for 30 such altering of another court's bond. The non-issuing 31 court shall not alter another courts bail set on a 32 warrant unless the interests of justice and public safety 33 are served by such action. 34 (g) The State may appeal any order where the court has HB3090 Engrossed -6- LRB093 08197 LCB 08404 b 1 increased or reduced the amount of bail or altered the 2 conditions of the bail bond or granted bail where it has 3 previously been revoked. 4 (Source: P.A. 86-984; 87-870; 87-871.)