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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 110-6 as follows:
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6 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
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7 | Sec. 110-6. (a) Upon verified application by
the State or | ||||||
8 | the defendant or on its own motion the court before which the
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9 | proceeding is
pending may increase or reduce the amount of bail | ||||||
10 | or may alter the
conditions of the bail bond or grant bail | ||||||
11 | where it has been previously
revoked or denied.
If bail has | ||||||
12 | been previously revoked pursuant to subsection (f) of this
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13 | Section or if bail has been denied to the defendant pursuant to | ||||||
14 | subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||||||
15 | 110-6.3, the defendant
shall
be required to present a
verified | ||||||
16 | application setting forth in detail any new facts not known or
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17 | obtainable at the time of the previous revocation or denial of | ||||||
18 | bail
proceedings. If the court grants bail where it has been | ||||||
19 | previously revoked
or denied, the court shall state on the | ||||||
20 | record of the proceedings the
findings of facts and conclusion | ||||||
21 | of law upon which such order is based.
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22 | (b) Violation of the conditions of Section
110-10 of this | ||||||
23 | Code or any special conditions of bail as ordered by the
court |
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1 | shall constitute grounds for the court to increase
the amount | ||||||
2 | of bail, or otherwise alter the conditions of bail, or, where
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3 | the alleged offense committed on bail is a forcible felony in | ||||||
4 | Illinois or
a Class 2 or greater offense under the Illinois
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5 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
6 | Methamphetamine Control and Community Protection Act, revoke | ||||||
7 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
8 | of this
Section.
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9 | (c) Reasonable notice of such application by the defendant | ||||||
10 | shall be
given to the State.
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11 | (d) Reasonable notice of such application by the State | ||||||
12 | shall be
given to the defendant, except as provided in | ||||||
13 | subsection (e).
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14 | (e) Upon verified application by the State stating facts or
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15 | circumstances constituting a violation or a threatened
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16 | violation of any of the
conditions of the bail bond the court | ||||||
17 | may issue a warrant commanding any
peace officer to bring the | ||||||
18 | defendant without unnecessary delay before
the court for a | ||||||
19 | hearing on the matters set forth in the application. If
the | ||||||
20 | actual court before which the proceeding is pending is absent | ||||||
21 | or
otherwise unavailable another court may issue a warrant | ||||||
22 | pursuant to this
Section. When the defendant is charged with a | ||||||
23 | felony offense and while
free on bail is charged with a | ||||||
24 | subsequent felony offense and is the subject
of a proceeding | ||||||
25 | set forth in Section 109-1 or 109-3 of this Code, upon the
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26 | filing of a verified petition by the State alleging a violation |
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1 | of Section
110-10 (a) (4) of this Code, the court shall without | ||||||
2 | prior notice to the
defendant, grant leave to file such | ||||||
3 | application and shall order the
transfer of the defendant and | ||||||
4 | the application without unnecessary delay to
the court before | ||||||
5 | which the previous felony matter is pending for a hearing
as | ||||||
6 | provided in subsection (b) or this subsection of this Section. | ||||||
7 | The
defendant shall be held
without bond pending transfer to | ||||||
8 | and a hearing before such court. At
the conclusion of the | ||||||
9 | hearing based on a violation of the conditions of
Section | ||||||
10 | 110-10 of this Code or any special conditions of bail as | ||||||
11 | ordered by
the court the court may enter an order
increasing | ||||||
12 | the amount of bail or alter the conditions of bail as deemed
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13 | appropriate.
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14 | (f) Where the alleged violation consists of the violation | ||||||
15 | of
one or more felony statutes of any jurisdiction which would | ||||||
16 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
17 | offense under the
Illinois Controlled Substances Act, the
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18 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
19 | Community Protection Act and the
defendant is on bail for the | ||||||
20 | alleged
commission of a felony, or where the defendant is on | ||||||
21 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
22 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961), | ||||||
23 | aggravated
domestic battery, aggravated battery, unlawful | ||||||
24 | restraint, aggravated unlawful
restraint or domestic battery | ||||||
25 | in violation
of item (1) of subsection (a) of Section 12-3.2 of | ||||||
26 | the Criminal Code of 1961
against a
family or household member |
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1 | as defined in Section 112A-3 of this Code and the
violation is | ||||||
2 | an offense of domestic battery against
the same victim the | ||||||
3 | court shall, on the motion of the State
or its own motion, | ||||||
4 | revoke bail
in accordance with the following provisions:
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5 | (1) The court shall hold the defendant without bail | ||||||
6 | pending
the hearing on the alleged breach; however, if the | ||||||
7 | defendant
is not admitted to bail the
hearing shall be | ||||||
8 | commenced within 10 days from the date the defendant is
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9 | taken into custody or the defendant may not be held any | ||||||
10 | longer without
bail, unless delay is occasioned by the | ||||||
11 | defendant. Where defendant
occasions the delay, the | ||||||
12 | running of the 10 day period is temporarily
suspended and | ||||||
13 | resumes at the termination of the period of delay. Where
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14 | defendant occasions the delay with 5 or fewer days | ||||||
15 | remaining in the 10
day period, the court may grant a | ||||||
16 | period of up to 5 additional days to
the State for good | ||||||
17 | cause shown. The State, however, shall retain the
right to | ||||||
18 | proceed to hearing on the alleged violation at any time, | ||||||
19 | upon
reasonable notice to the defendant and the court.
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20 | (2) At a hearing on the alleged violation the State has | ||||||
21 | the burden
of going forward and proving the violation by | ||||||
22 | clear and convincing
evidence. The evidence shall be | ||||||
23 | presented in open court with the
opportunity to testify, to | ||||||
24 | present witnesses in his behalf, and to
cross-examine | ||||||
25 | witnesses if any are called by the State, and | ||||||
26 | representation
by counsel and
if the defendant is indigent |
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1 | to have counsel appointed for him. The
rules of evidence | ||||||
2 | applicable in criminal trials in this State shall not
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3 | govern the admissibility of evidence at such hearing.
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4 | Information used by the court in its findings or stated in | ||||||
5 | or offered in
connection with hearings for increase or | ||||||
6 | revocation of bail may be by way
of proffer based upon | ||||||
7 | reliable information offered by the State or
defendant. All | ||||||
8 | evidence shall be admissible if it is relevant and reliable
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9 | regardless of whether it would be admissible under the | ||||||
10 | rules of evidence
applicable at criminal trials. A motion | ||||||
11 | by the defendant to suppress
evidence or to suppress a | ||||||
12 | confession shall not be entertained at such a
hearing. | ||||||
13 | Evidence that proof may have been obtained as a result of | ||||||
14 | an
unlawful search and seizure or through improper | ||||||
15 | interrogation is not
relevant to this hearing.
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16 | (3) Upon a finding by the court that the State has | ||||||
17 | established by
clear and convincing evidence that the | ||||||
18 | defendant has committed a
forcible felony or a Class 2 or | ||||||
19 | greater offense under the Illinois Controlled
Substances | ||||||
20 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
21 | Control and Community Protection Act while admitted to | ||||||
22 | bail, or where the
defendant is on bail for a felony | ||||||
23 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
24 | Section 12-3.2 of the Criminal Code of 1961), aggravated
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25 | domestic battery, aggravated battery, unlawful
restraint, | ||||||
26 | aggravated unlawful restraint or domestic battery in |
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1 | violation of
item (1) of subsection (a) of Section 12-3.2 | ||||||
2 | of the Criminal Code of 1961
against
a family or household | ||||||
3 | member as defined in
Section 112A-3 of this Code and the | ||||||
4 | violation is an offense of domestic
battery, against the | ||||||
5 | same victim, the court
shall revoke the bail of
the | ||||||
6 | defendant and hold the defendant for trial without bail. | ||||||
7 | Neither the
finding of the court nor any transcript or | ||||||
8 | other record of the hearing
shall be admissible in the | ||||||
9 | State's case in chief, but shall be admissible
for | ||||||
10 | impeachment, or as provided in Section 115-10.1 of this | ||||||
11 | Code or in a
perjury proceeding.
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12 | (4) If the bail of any defendant is revoked pursuant to | ||||||
13 | paragraph
(f) (3) of this Section, the defendant may demand | ||||||
14 | and shall be entitled
to be brought to trial on the offense | ||||||
15 | with respect to which he was
formerly released on bail | ||||||
16 | within 90 days after the date on which his
bail was | ||||||
17 | revoked. If the defendant is not brought to trial within | ||||||
18 | the
90 day period required by the preceding sentence, he | ||||||
19 | shall not be held
longer without bail. In computing the 90 | ||||||
20 | day period, the court shall
omit any period of delay | ||||||
21 | resulting from a continuance granted at the
request of the | ||||||
22 | defendant.
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23 | (5) If the defendant either is arrested on a warrant | ||||||
24 | issued pursuant
to this Code or is arrested for an | ||||||
25 | unrelated offense and it is subsequently
discovered that | ||||||
26 | the defendant is a subject of another warrant or warrants
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1 | issued pursuant to this Code, the defendant shall be | ||||||
2 | transferred promptly
to the court which issued such | ||||||
3 | warrant. If, however, the defendant appears
initially | ||||||
4 | before a court other than the court which issued such | ||||||
5 | warrant,
the non-issuing court shall not alter the amount | ||||||
6 | of bail heretofore set on
such warrant unless the court | ||||||
7 | sets forth on the record of proceedings the
conclusions of | ||||||
8 | law and facts which are the basis for such altering of
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9 | another court's bond. The non-issuing court shall not alter | ||||||
10 | another courts
bail set on a warrant unless the interests | ||||||
11 | of justice and public safety are
served by such action.
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12 | (f-5) The court may not grant bail for an offense committed | ||||||
13 | while the defendant is on bail for first degree murder or | ||||||
14 | attempted first degree murder and shall revoke bail previously | ||||||
15 | granted to the defendant if the defendant has been released on | ||||||
16 | bail for the offense of first degree murder or attempted first | ||||||
17 | degree murder and has failed to appear to answer the charge or | ||||||
18 | charges for first degree murder or attempted first degree | ||||||
19 | murder in the court having jurisdiction on a day certain and | ||||||
20 | thereafter as ordered by the court until discharged or final | ||||||
21 | order of the court.
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22 | (g) The State may appeal any order where the court has | ||||||
23 | increased or reduced
the amount of bail or altered the | ||||||
24 | conditions of the bail bond or granted
bail where it has | ||||||
25 | previously been revoked.
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26 | (Source: P.A. 93-417, eff. 8-5-03; 94-556, eff. 9-11-05.)
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