102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3361

 

Introduced 2/22/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6  from Ch. 38, par. 110-6

    Amends the Code of Criminal Procedure of 1963. Provides that a person may not be brought before the court for a rehearing on the amount or conditions of bail or release if the person has been convicted of a felony and the offense for which the person is in custody involves the possession of a firearm.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-6 as follows:
 
6    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
7    Sec. 110-6. Modification of bail or conditions.
8    (a) Upon verified application by the State or the
9defendant or on its own motion the court before which the
10proceeding is pending may increase or reduce the amount of
11bail or may alter the conditions of the bail bond or grant bail
12where it has been previously revoked or denied. If bail has
13been previously revoked pursuant to subsection (f) of this
14Section or if bail has been denied to the defendant pursuant to
15subsection (e) of Section 110-6.1 or subsection (e) of Section
16110-6.3, the defendant shall be required to present a verified
17application setting forth in detail any new facts not known or
18obtainable at the time of the previous revocation or denial of
19bail proceedings. If the court grants bail where it has been
20previously revoked or denied, the court shall state on the
21record of the proceedings the findings of facts and conclusion
22of law upon which such order is based.
23    (a-5) In addition to any other available motion or

 

 

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1procedure under this Code, a person in custody solely for a
2Category B offense due to an inability to post monetary bail
3shall be brought before the court at the next available court
4date or 7 calendar days from the date bail was set, whichever
5is earlier, for a rehearing on the amount or conditions of bail
6or release pending further court proceedings. The court may
7reconsider conditions of release for any other person whose
8inability to post monetary bail is the sole reason for
9continued incarceration, including a person in custody for a
10Category A offense or a Category A offense and a Category B
11offense. The court may deny the rehearing permitted under this
12subsection (a-5) if the person has failed to appear as
13required before the court and is incarcerated based on a
14warrant for failure to appear on the same original criminal
15offense. A person may not be brought before the court for a
16rehearing on the amount or conditions of bail or release if the
17person has been convicted of a felony and the offense for which
18the person is in custody involves the possession of a firearm.
19    (b) Violation of the conditions of Section 110-10 of this
20Code or any special conditions of bail as ordered by the court
21shall constitute grounds for the court to increase the amount
22of bail, or otherwise alter the conditions of bail, or, where
23the alleged offense committed on bail is a forcible felony in
24Illinois or a Class 2 or greater offense under the Illinois
25Controlled Substances Act, the Cannabis Control Act, or the
26Methamphetamine Control and Community Protection Act, revoke

 

 

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1bail pursuant to the appropriate provisions of subsection (e)
2of this Section.
3    (c) Reasonable notice of such application by the defendant
4shall be given to the State.
5    (d) Reasonable notice of such application by the State
6shall be given to the defendant, except as provided in
7subsection (e).
8    (e) Upon verified application by the State stating facts
9or circumstances constituting a violation or a threatened
10violation of any of the conditions of the bail bond the court
11may issue a warrant commanding any peace officer to bring the
12defendant without unnecessary delay before the court for a
13hearing on the matters set forth in the application. If the
14actual court before which the proceeding is pending is absent
15or otherwise unavailable another court may issue a warrant
16pursuant to this Section. When the defendant is charged with a
17felony offense and while free on bail is charged with a
18subsequent felony offense and is the subject of a proceeding
19set forth in Section 109-1 or 109-3 of this Code, upon the
20filing of a verified petition by the State alleging a
21violation of Section 110-10 (a) (4) of this Code, the court
22shall without prior notice to the defendant, grant leave to
23file such application and shall order the transfer of the
24defendant and the application without unnecessary delay to the
25court before which the previous felony matter is pending for a
26hearing as provided in subsection (b) or this subsection of

 

 

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1this Section. The defendant shall be held without bond pending
2transfer to and a hearing before such court. At the conclusion
3of the hearing based on a violation of the conditions of
4Section 110-10 of this Code or any special conditions of bail
5as ordered by the court the court may enter an order increasing
6the amount of bail or alter the conditions of bail as deemed
7appropriate.
8    (f) Where the alleged violation consists of the violation
9of one or more felony statutes of any jurisdiction which would
10be a forcible felony in Illinois or a Class 2 or greater
11offense under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act and the defendant is on bail for the
14alleged commission of a felony, or where the defendant is on
15bail for a felony domestic battery (enhanced pursuant to
16subsection (b) of Section 12-3.2 of the Criminal Code of 1961
17or the Criminal Code of 2012), aggravated domestic battery,
18aggravated battery, unlawful restraint, aggravated unlawful
19restraint or domestic battery in violation of item (1) of
20subsection (a) of Section 12-3.2 of the Criminal Code of 1961
21or the Criminal Code of 2012 against a family or household
22member as defined in Section 112A-3 of this Code and the
23violation is an offense of domestic battery against the same
24victim the court shall, on the motion of the State or its own
25motion, revoke bail in accordance with the following
26provisions:

 

 

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1        (1) The court shall hold the defendant without bail
2    pending the hearing on the alleged breach; however, if the
3    defendant is not admitted to bail the hearing shall be
4    commenced within 10 days from the date the defendant is
5    taken into custody or the defendant may not be held any
6    longer without bail, unless delay is occasioned by the
7    defendant. Where defendant occasions the delay, the
8    running of the 10 day period is temporarily suspended and
9    resumes at the termination of the period of delay. Where
10    defendant occasions the delay with 5 or fewer days
11    remaining in the 10 day period, the court may grant a
12    period of up to 5 additional days to the State for good
13    cause shown. The State, however, shall retain the right to
14    proceed to hearing on the alleged violation at any time,
15    upon reasonable notice to the defendant and the court.
16        (2) At a hearing on the alleged violation the State
17    has the burden of going forward and proving the violation
18    by clear and convincing evidence. The evidence shall be
19    presented in open court with the opportunity to testify,
20    to present witnesses in his behalf, and to cross-examine
21    witnesses if any are called by the State, and
22    representation by counsel and if the defendant is indigent
23    to have counsel appointed for him. The rules of evidence
24    applicable in criminal trials in this State shall not
25    govern the admissibility of evidence at such hearing.
26    Information used by the court in its findings or stated in

 

 

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1    or offered in connection with hearings for increase or
2    revocation of bail may be by way of proffer based upon
3    reliable information offered by the State or defendant.
4    All evidence shall be admissible if it is relevant and
5    reliable regardless of whether it would be admissible
6    under the rules of evidence applicable at criminal trials.
7    A motion by the defendant to suppress evidence or to
8    suppress a confession shall not be entertained at such a
9    hearing. Evidence that proof may have been obtained as a
10    result of an unlawful search and seizure or through
11    improper interrogation is not relevant to this hearing.
12        (3) Upon a finding by the court that the State has
13    established by clear and convincing evidence that the
14    defendant has committed a forcible felony or a Class 2 or
15    greater offense under the Illinois Controlled Substances
16    Act, the Cannabis Control Act, or the Methamphetamine
17    Control and Community Protection Act while admitted to
18    bail, or where the defendant is on bail for a felony
19    domestic battery (enhanced pursuant to subsection (b) of
20    Section 12-3.2 of the Criminal Code of 1961 or the
21    Criminal Code of 2012), aggravated domestic battery,
22    aggravated battery, unlawful restraint, aggravated
23    unlawful restraint or domestic battery in violation of
24    item (1) of subsection (a) of Section 12-3.2 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 against
26    a family or household member as defined in Section 112A-3

 

 

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1    of this Code and the violation is an offense of domestic
2    battery, against the same victim, the court shall revoke
3    the bail of the defendant and hold the defendant for trial
4    without bail. Neither the finding of the court nor any
5    transcript or other record of the hearing shall be
6    admissible in the State's case in chief, but shall be
7    admissible for impeachment, or as provided in Section
8    115-10.1 of this Code or in a perjury proceeding.
9        (4) If the bail of any defendant is revoked pursuant
10    to paragraph (f) (3) of this Section, the defendant may
11    demand and shall be entitled to be brought to trial on the
12    offense with respect to which he was formerly released on
13    bail within 90 days after the date on which his bail was
14    revoked. If the defendant is not brought to trial within
15    the 90 day period required by the preceding sentence, he
16    shall not be held longer without bail. In computing the 90
17    day period, the court shall omit any period of delay
18    resulting from a continuance granted at the request of the
19    defendant.
20        (5) If the defendant either is arrested on a warrant
21    issued pursuant to this Code or is arrested for an
22    unrelated offense and it is subsequently discovered that
23    the defendant is a subject of another warrant or warrants
24    issued pursuant to this Code, the defendant shall be
25    transferred promptly to the court which issued such
26    warrant. If, however, the defendant appears initially

 

 

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1    before a court other than the court which issued such
2    warrant, the non-issuing court shall not alter the amount
3    of bail set on such warrant unless the court sets forth on
4    the record of proceedings the conclusions of law and facts
5    which are the basis for such altering of another court's
6    bond. The non-issuing court shall not alter another courts
7    bail set on a warrant unless the interests of justice and
8    public safety are served by such action.
9    (g) The State may appeal any order where the court has
10increased or reduced the amount of bail or altered the
11conditions of the bail bond or granted bail where it has
12previously been revoked.
13(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)