103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4052

 

Introduced 4/27/2023, by Rep. Dan Ugaste - Amy L. Grant - Patrick Windhorst, Dennis Tipsword, Jr., Tony M. McCombie, et al.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Code of Criminal Procedure of 1963. Restores certain provisions of Code of Criminal Procedure of 1963 concerning cash bail to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment with specified modifications. Establishes additional pretrial procedures. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall provide to the victim at pretrial stages of the proceedings notification of all pretrial hearings, all bail decisions, conditions of release related to the victim's safety, the defendant's release from custody, and instructions on seeking enforcement of release conditions. Amends the Pretrial Services Act. Provides that pretrial services agencies shall implement a system of court date reminders, including location, date, and time of the court appearance. Provides that reminders shall be provided one to 3 days prior to each scheduled court appearance. Establishes responsibilities of the Administrative Office of the Illinois Courts concerning pretrial services. Amends the Unified Code of Corrections. Provides for specified offenses for which the domestic violence surveillance program is applicable. Provides that the supervising authority shall use the best available global positioning technology to track domestic violence offenders, if available and reliable in the supervising authority's jurisdiction. Effective June 1, 2025.


LRB103 01905 RLC 61044 b

 

 

A BILL FOR

 

HB4052LRB103 01905 RLC 61044 b

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 Statute on Statutes is amended by changing
5Section 1.43 as follows:
 
6    (5 ILCS 70/1.43)
7    Sec. 1.43. Reference to "pretrial release", "denial of
8pretrial release", "conditions of release", or "violations of
9the conditions of release" bail, bail bond, or conditions of
10bail. Whenever there is a reference in any Act to the terms
11"release", "denial of release", "conditions of release", or
12"violations of the conditions of release", the terms shall be
13construed to mean "bail", "denial of bail", "conditions of
14bail", or "forfeiture of bail" respectively "bail", "bail
15bond", or "conditions of bail", these terms shall be construed
16as "pretrial release" or "conditions of pretrial release".
17(Source: P.A. 101-652, eff. 1-1-23.)
 
18    Section 10. The Code of Criminal Procedure of 1963 is
19amended by changing the heading of Article 110 and by changing
20Sections 102-6, 102-7, 103-1, 103-5, 103-7, 103-9, 104-13,
21104-17, 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1,
22110-1, 110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1,

 

 

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1110-6.2, 110-6.4, 110-7, 110-10, 110-11, 110-12, 111-2,
2112A-23, 114-1, 115-4.1, and 122-6 and by adding Sections
3110-1.1 and 110-7.1 as follows:
 
4    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
5    Sec. 102-6. Pretrial release "Bail".
6    "Pretrial release" "Bail" has the meaning ascribed to bail
7in Section 9 of Article I of the Illinois Constitution that is
8non-monetary means the amount of money set by the court which
9is required to be obligated and secured as provided by law for
10the release of a person in custody in order that he will appear
11before the court in which his appearance may be required and
12that he will comply with such conditions as set forth in the
13bail bond.
14(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
15    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
16    Sec. 102-7. Conditions of pretrial release "Bail bond".
17    "Conditions of pretrial release" "Bail bond" means the
18conditions established by the court an undertaking secured by
19bail entered into by a person in custody by which he binds
20himself to comply with such conditions as are set forth
21therein.
22(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
23    (725 ILCS 5/103-1)  (from Ch. 38, par. 103-1)

 

 

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1    Sec. 103-1. Rights on arrest.
2    (a) After an arrest on a warrant the person making the
3arrest shall inform the person arrested that a warrant has
4been issued for his arrest and the nature of the offense
5specified in the warrant.
6    (b) After an arrest without a warrant the person making
7the arrest shall inform the person arrested of the nature of
8the offense on which the arrest is based.
9    (b-1) Upon booking, a pretrial services staff shall assess
10a defendant utilizing a statewide validated risk assessment
11tool and make recommendations to the prosecution, defense and
12judge.
13        
14    (b-5) This subsection is intended to implement and be
15interpreted consistently with the Vienna Convention on
16Consular Relations, to which the United States is a party.
17Article 36 of that Convention guarantees that when foreign
18nationals are arrested or detained, they must be advised of
19their right to have their consular officials notified, and if
20an individual chooses to exercise that right, a law
21enforcement official is required to notify the consulate. It
22does not create any new substantive State right or remedy.
23        (1) In accordance with federal law and the provisions
24    of this Section, the law enforcement official in charge of
25    a custodial facility shall ensure that any individual
26    booked and detained at the facility, within 48 hours of

 

 

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1    booking or detention, shall be advised that if that
2    individual is a foreign national, he or she has a right to
3    communicate with an official from the consulate of his or
4    her country. This subsection (b-5) does not create any
5    affirmative duty to investigate whether an arrestee or
6    detainee is a foreign national.
7        (2) If the foreign national requests consular
8    notification or the notification is mandatory by law, the
9    law enforcement official in charge of the custodial
10    facility shall ensure the notice is given to the
11    appropriate officer at the consulate of the foreign
12    national in accordance with the U.S. Department of State
13    Instructions for Consular Notification and Access.
14        (3) The law enforcement official in charge of the
15    custodial facility where a foreign national is located
16    shall ensure that the foreign national is allowed to
17    communicate with, correspond with, and be visited by, a
18    consular officer of his or her country.
19    (c) No person arrested for a traffic, regulatory or
20misdemeanor offense, except in cases involving weapons or a
21controlled substance, shall be strip searched unless there is
22reasonable belief that the individual is concealing a weapon
23or controlled substance.
24    (d) "Strip search" means having an arrested person remove
25or arrange some or all of his or her clothing so as to permit a
26visual inspection of the genitals, buttocks, anus, female

 

 

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1breasts or undergarments of such person.
2    (e) All strip searches conducted under this Section shall
3be performed by persons of the same sex as the arrested person
4and on premises where the search cannot be observed by persons
5not physically conducting the search.
6    (f) Every peace officer or employee of a police department
7conducting a strip search shall:
8        (1) Obtain the written permission of the police
9    commander or an agent thereof designated for the purposes
10    of authorizing a strip search in accordance with this
11    Section.
12        (2) Prepare a report of the strip search. The report
13    shall include the written authorization required by
14    paragraph (1) of this subsection (f), the name of the
15    person subjected to the search, the names of the persons
16    conducting the search, and the time, date and place of the
17    search. A copy of the report shall be provided to the
18    person subject to the search.
19    (g) No search of any body cavity other than the mouth shall
20be conducted without a duly executed search warrant; any
21warrant authorizing a body cavity search shall specify that
22the search must be performed under sanitary conditions and
23conducted either by or under the supervision of a physician
24licensed to practice medicine in all of its branches in this
25State.
26    (h) Any peace officer or employee who knowingly or

 

 

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1intentionally fails to comply with any provision of this
2Section, except subsection (b-5) of this Section, is guilty of
3official misconduct as provided in Section 103-8; provided
4however, that nothing contained in this Section shall preclude
5prosecution of a peace officer or employee under another
6section of this Code.
7    (i) Nothing in this Section shall be construed as limiting
8any statutory or common law rights of any person for purposes
9of any civil action or injunctive relief.
10    (j) The provisions of subsections (c) through (h) of this
11Section shall not apply when the person is taken into custody
12by or remanded to the sheriff or correctional institution
13pursuant to a court order.
14(Source: P.A. 99-190, eff. 1-1-16.)
 
15    (725 ILCS 5/103-5)  (from Ch. 38, par. 103-5)
16    Sec. 103-5. Speedy trial.)
17    (a) Every person in custody in this State for an alleged
18offense shall be tried by the court having jurisdiction within
19120 days from the date he or she was taken into custody unless
20delay is occasioned by the defendant, by an examination for
21fitness ordered pursuant to Section 104-13 of this Act, by a
22fitness hearing, by an adjudication of unfitness to stand
23trial, by a continuance allowed pursuant to Section 114-4 of
24this Act after a court's determination of the defendant's
25physical incapacity for trial, or by an interlocutory appeal.

 

 

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1Delay shall be considered to be agreed to by the defendant
2unless he or she objects to the delay by making a written
3demand for trial or an oral demand for trial on the record. The
4provisions of this subsection (a) do not apply to a person on
5pretrial release bail or recognizance for an offense but who
6is in custody for a violation of his or her parole, aftercare
7release, or mandatory supervised release for another offense.
8    The 120-day term must be one continuous period of
9incarceration. In computing the 120-day term, separate periods
10of incarceration may not be combined. If a defendant is taken
11into custody a second (or subsequent) time for the same
12offense, the term will begin again at day zero.
13    (b) Every person on pretrial release bail or recognizance
14shall be tried by the court having jurisdiction within 160
15days from the date defendant demands trial unless delay is
16occasioned by the defendant, by an examination for fitness
17ordered pursuant to Section 104-13 of this Act, by a fitness
18hearing, by an adjudication of unfitness to stand trial, by a
19continuance allowed pursuant to Section 114-4 of this Act
20after a court's determination of the defendant's physical
21incapacity for trial, or by an interlocutory appeal. The
22defendant's failure to appear for any court date set by the
23court operates to waive the defendant's demand for trial made
24under this subsection.
25    For purposes of computing the 160 day period under this
26subsection (b), every person who was in custody for an alleged

 

 

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1offense and demanded trial and is subsequently released on
2pretrial release bail or recognizance and demands trial, shall
3be given credit for time spent in custody following the making
4of the demand while in custody. Any demand for trial made under
5this subsection (b) shall be in writing; and in the case of a
6defendant not in custody, the demand for trial shall include
7the date of any prior demand made under this provision while
8the defendant was in custody.
9    (c) If the court determines that the State has exercised
10without success due diligence to obtain evidence material to
11the case and that there are reasonable grounds to believe that
12such evidence may be obtained at a later day the court may
13continue the cause on application of the State for not more
14than an additional 60 days. If the court determines that the
15State has exercised without success due diligence to obtain
16results of DNA testing that is material to the case and that
17there are reasonable grounds to believe that such results may
18be obtained at a later day, the court may continue the cause on
19application of the State for not more than an additional 120
20days.
21    (d) Every person not tried in accordance with subsections
22(a), (b) and (c) of this Section shall be discharged from
23custody or released from the obligations of his pretrial
24release bail or recognizance.
25    (e) If a person is simultaneously in custody upon more
26than one charge pending against him in the same county, or

 

 

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1simultaneously demands trial upon more than one charge pending
2against him in the same county, he shall be tried, or adjudged
3guilty after waiver of trial, upon at least one such charge
4before expiration relative to any of such pending charges of
5the period prescribed by subsections (a) and (b) of this
6Section. Such person shall be tried upon all of the remaining
7charges thus pending within 160 days from the date on which
8judgment relative to the first charge thus prosecuted is
9rendered pursuant to the Unified Code of Corrections or, if
10such trial upon such first charge is terminated without
11judgment and there is no subsequent trial of, or adjudication
12of guilt after waiver of trial of, such first charge within a
13reasonable time, the person shall be tried upon all of the
14remaining charges thus pending within 160 days from the date
15on which such trial is terminated; if either such period of 160
16days expires without the commencement of trial of, or
17adjudication of guilt after waiver of trial of, any of such
18remaining charges thus pending, such charge or charges shall
19be dismissed and barred for want of prosecution unless delay
20is occasioned by the defendant, by an examination for fitness
21ordered pursuant to Section 104-13 of this Act, by a fitness
22hearing, by an adjudication of unfitness for trial, by a
23continuance allowed pursuant to Section 114-4 of this Act
24after a court's determination of the defendant's physical
25incapacity for trial, or by an interlocutory appeal; provided,
26however, that if the court determines that the State has

 

 

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1exercised without success due diligence to obtain evidence
2material to the case and that there are reasonable grounds to
3believe that such evidence may be obtained at a later day the
4court may continue the cause on application of the State for
5not more than an additional 60 days.
6    (f) Delay occasioned by the defendant shall temporarily
7suspend for the time of the delay the period within which a
8person shall be tried as prescribed by subsections (a), (b),
9or (e) of this Section and on the day of expiration of the
10delay the said period shall continue at the point at which it
11was suspended. Where such delay occurs within 21 days of the
12end of the period within which a person shall be tried as
13prescribed by subsections (a), (b), or (e) of this Section,
14the court may continue the cause on application of the State
15for not more than an additional 21 days beyond the period
16prescribed by subsections (a), (b), or (e). This subsection
17(f) shall become effective on, and apply to persons charged
18with alleged offenses committed on or after, March 1, 1977.
19    (g) Notwithstanding any other provisions of this Section
20to the contrary, when a defendant's liberty is substantially
21impaired prior to trial, the defendant shall be brought to
22trial within 120 days, unless good cause is shown.
23(Source: P.A. 98-558, eff. 1-1-14; 101-652.)
 
24    (725 ILCS 5/103-7)  (from Ch. 38, par. 103-7)
25    Sec. 103-7. Posting notice of rights.

 

 

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1    Every sheriff, chief of police or other person who is in
2charge of any jail, police station or other building where
3persons under arrest are held in custody pending
4investigation, pretrial release bail or other criminal
5proceedings, shall post in every room, other than cells, of
6such buildings where persons are held in custody, in
7conspicuous places where it may be seen and read by persons in
8custody and others, a poster, printed in large type,
9containing a verbatim copy in the English language of the
10provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
11110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of
12this Code. Each person who is in charge of any courthouse or
13other building in which any trial of an offense is conducted
14shall post in each room primarily used for such trials and in
15each room in which defendants are confined or wait, pending
16trial, in conspicuous places where it may be seen and read by
17persons in custody and others, a poster, printed in large
18type, containing a verbatim copy in the English language of
19the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and
20of subparts (a) and (b) of Section 113-3 of this Code.
21(Source: Laws 1965, p. 2622; P.A. 101-652.)
 
22    (725 ILCS 5/103-9)  (from Ch. 38, par. 103-9)
23    Sec. 103-9. Bail bondsmen. No bail bondsman from any state
24may seize or transport unwillingly any person found in this
25State who is allegedly in violation of a bail bond posted in

 

 

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1some other state or conditions of pretrial release. The return
2of any such person to another state may be accomplished only as
3provided by the laws of this State. Any bail bondsman who
4violates this Section is fully subject to the criminal and
5civil penalties provided by the laws of this State for his
6actions.
7(Source: P.A. 84-694; 101-652.)
 
8    (725 ILCS 5/104-13)  (from Ch. 38, par. 104-13)
9    Sec. 104-13. Fitness Examination.
10    (a) When the issue of fitness involves the defendant's
11mental condition, the court shall order an examination of the
12defendant by one or more licensed physicians, clinical
13psychologists, or psychiatrists chosen by the court. No
14physician, clinical psychologist or psychiatrist employed by
15the Department of Human Services shall be ordered to perform,
16in his official capacity, an examination under this Section.
17    (b) If the issue of fitness involves the defendant's
18physical condition, the court shall appoint one or more
19physicians and in addition, such other experts as it may deem
20appropriate to examine the defendant and to report to the
21court regarding the defendant's condition.
22    (c) An examination ordered under this Section shall be
23given at the place designated by the person who will conduct
24the examination, except that if the defendant is being held in
25custody, the examination shall take place at such location as

 

 

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1the court directs. No examinations under this Section shall be
2ordered to take place at mental health or developmental
3disabilities facilities operated by the Department of Human
4Services. If the defendant fails to keep appointments without
5reasonable cause or if the person conducting the examination
6reports to the court that diagnosis requires hospitalization
7or extended observation, the court may order the defendant
8admitted to an appropriate facility for an examination, other
9than a screening examination, for not more than 7 days. The
10court may, upon a showing of good cause, grant an additional 7
11days to complete the examination.
12    (d) Release on pretrial release bail or on recognizance
13shall not be revoked and an application therefor shall not be
14denied on the grounds that an examination has been ordered.
15    (e) Upon request by the defense and if the defendant is
16indigent, the court may appoint, in addition to the expert or
17experts chosen pursuant to subsection (a) of this Section, a
18qualified expert selected by the defendant to examine him and
19to make a report as provided in Section 104-15. Upon the filing
20with the court of a verified statement of services rendered,
21the court shall enter an order on the county board to pay such
22expert a reasonable fee stated in the order.
23(Source: P.A. 89-507, eff. 7-1-97; 101-652.)
 
24    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
25    Sec. 104-17. Commitment for treatment; treatment plan.

 

 

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1    (a) If the defendant is eligible to be or has been released
2on pretrial release bail or on his own recognizance, the court
3shall select the least physically restrictive form of
4treatment therapeutically appropriate and consistent with the
5treatment plan. The placement may be ordered either on an
6inpatient or an outpatient basis.
7    (b) If the defendant's disability is mental, the court may
8order him placed for treatment in the custody of the
9Department of Human Services, or the court may order him
10placed in the custody of any other appropriate public or
11private mental health facility or treatment program which has
12agreed to provide treatment to the defendant. If the court
13orders the defendant placed in the custody of the Department
14of Human Services, the Department shall evaluate the defendant
15to determine to which secure facility the defendant shall be
16transported and, within 20 days of the transmittal by the
17clerk of the circuit court of the placement court order,
18notify the sheriff of the designated facility. Upon receipt of
19that notice, the sheriff shall promptly transport the
20defendant to the designated facility. If the defendant is
21placed in the custody of the Department of Human Services, the
22defendant shall be placed in a secure setting. During the
23period of time required to determine the appropriate placement
24the defendant shall remain in jail. If during the course of
25evaluating the defendant for placement, the Department of
26Human Services determines that the defendant is currently fit

 

 

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1to stand trial, it shall immediately notify the court and
2shall submit a written report within 7 days. In that
3circumstance the placement shall be held pending a court
4hearing on the Department's report. Otherwise, upon completion
5of the placement process, the sheriff shall be notified and
6shall transport the defendant to the designated facility. If,
7within 20 days of the transmittal by the clerk of the circuit
8court of the placement court order, the Department fails to
9notify the sheriff of the identity of the facility to which the
10defendant shall be transported, the sheriff shall contact a
11designated person within the Department to inquire about when
12a placement will become available at the designated facility
13and bed availability at other facilities. If, within 20 days
14of the transmittal by the clerk of the circuit court of the
15placement court order, the Department fails to notify the
16sheriff of the identity of the facility to which the defendant
17shall be transported, the sheriff shall notify the Department
18of its intent to transfer the defendant to the nearest secure
19mental health facility operated by the Department and inquire
20as to the status of the placement evaluation and availability
21for admission to such facility operated by the Department by
22contacting a designated person within the Department. The
23Department shall respond to the sheriff within 2 business days
24of the notice and inquiry by the sheriff seeking the transfer
25and the Department shall provide the sheriff with the status
26of the evaluation, information on bed and placement

 

 

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1availability, and an estimated date of admission for the
2defendant and any changes to that estimated date of admission.
3If the Department notifies the sheriff during the 2 business
4day period of a facility operated by the Department with
5placement availability, the sheriff shall promptly transport
6the defendant to that facility. The placement may be ordered
7either on an inpatient or an outpatient basis.
8    (c) If the defendant's disability is physical, the court
9may order him placed under the supervision of the Department
10of Human Services which shall place and maintain the defendant
11in a suitable treatment facility or program, or the court may
12order him placed in an appropriate public or private facility
13or treatment program which has agreed to provide treatment to
14the defendant. The placement may be ordered either on an
15inpatient or an outpatient basis.
16    (d) The clerk of the circuit court shall within 5 days of
17the entry of the order transmit to the Department, agency or
18institution, if any, to which the defendant is remanded for
19treatment, the following:
20        (1) a certified copy of the order to undergo
21    treatment. Accompanying the certified copy of the order to
22    undergo treatment shall be the complete copy of any report
23    prepared under Section 104-15 of this Code or other report
24    prepared by a forensic examiner for the court;
25        (2) the county and municipality in which the offense
26    was committed;

 

 

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1        (3) the county and municipality in which the arrest
2    took place;
3        (4) a copy of the arrest report, criminal charges,
4    arrest record; and
5        (5) all additional matters which the Court directs the
6    clerk to transmit.
7    (e) Within 30 days of entry of an order to undergo
8treatment, the person supervising the defendant's treatment
9shall file with the court, the State, and the defense a report
10assessing the facility's or program's capacity to provide
11appropriate treatment for the defendant and indicating his
12opinion as to the probability of the defendant's attaining
13fitness within a period of time from the date of the finding of
14unfitness. For a defendant charged with a felony, the period
15of time shall be one year. For a defendant charged with a
16misdemeanor, the period of time shall be no longer than the
17sentence if convicted of the most serious offense. If the
18report indicates that there is a substantial probability that
19the defendant will attain fitness within the time period, the
20treatment supervisor shall also file a treatment plan which
21shall include:
22        (1) A diagnosis of the defendant's disability;
23        (2) A description of treatment goals with respect to
24    rendering the defendant fit, a specification of the
25    proposed treatment modalities, and an estimated timetable
26    for attainment of the goals;

 

 

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1        (3) An identification of the person in charge of
2    supervising the defendant's treatment.
3(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18;
4101-652.)
 
5    (725 ILCS 5/106D-1)
6    Sec. 106D-1. Defendant's appearance by closed circuit
7television and video conference.
8    (a) Whenever the appearance in person in court, in either
9a civil or criminal proceeding, is required of anyone held in a
10place of custody or confinement operated by the State or any of
11its political subdivisions, including counties and
12municipalities, the chief judge of the circuit by rule may
13permit the personal appearance to be made by means of two-way
14audio-visual communication, including closed circuit
15television and computerized video conference, in the following
16proceedings:
17        (1) the initial appearance before a judge on a
18    criminal complaint, at which the conditions of pretrial
19    release bail will be set;
20        (2) the waiver of a preliminary hearing;
21        (3) the arraignment on an information or indictment at
22    which a plea of not guilty will be entered;
23        (4) the presentation of a jury waiver;
24        (5) any status hearing;
25        (6) any hearing conducted under the Sexually Violent

 

 

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1    Persons Commitment Act at which no witness testimony will
2    be taken; and
3        (7) at any hearing at which no witness testimony will
4    be taken conducted under the following:
5            (A) Section 104-20 of this Code (90-day hearings);
6            (B) Section 104-22 of this Code (trial with
7        special provisions and assistance);
8            (C) Section 104-25 of this Code (discharge
9        hearing); or
10            (D) Section 5-2-4 of the Unified Code of
11        Corrections (proceedings after acquittal by reason of
12        insanity).
13    (b) The two-way audio-visual communication facilities must
14provide two-way audio-visual communication between the court
15and the place of custody or confinement, and must include a
16secure line over which the person in custody and his or her
17counsel, if any, may communicate.
18    (c) Nothing in this Section shall be construed to prohibit
19other court appearances through the use of two-way
20audio-visual communication, upon waiver of any right the
21person in custody or confinement may have to be present
22physically.
23    (d) Nothing in this Section shall be construed to
24establish a right of any person held in custody or confinement
25to appear in court through two-way audio-visual communication
26or to require that any governmental entity, or place of

 

 

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1custody or confinement, provide two-way audio-visual
2communication.
3(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
4revised 10-12-21.)
 
5    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
6    Sec. 107-4. Arrest by peace officer from other
7jurisdiction.
8    (a) As used in this Section:
9        (1) "State" means any State of the United States and
10    the District of Columbia.
11        (2) "Peace Officer" means any peace officer or member
12    of any duly organized State, County, or Municipal peace
13    unit, any police force of another State, the United States
14    Department of Defense, or any police force whose members,
15    by statute, are granted and authorized to exercise powers
16    similar to those conferred upon any peace officer employed
17    by a law enforcement agency of this State.
18        (3) "Fresh pursuit" means the immediate pursuit of a
19    person who is endeavoring to avoid arrest.
20        (4) "Law enforcement agency" means a municipal police
21    department or county sheriff's office of this State.
22    (a-3) Any peace officer employed by a law enforcement
23agency of this State may conduct temporary questioning
24pursuant to Section 107-14 of this Code and may make arrests in
25any jurisdiction within this State: (1) if the officer is

 

 

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1engaged in the investigation of criminal activity that
2occurred in the officer's primary jurisdiction and the
3temporary questioning or arrest relates to, arises from, or is
4conducted pursuant to that investigation; or (2) if the
5officer, while on duty as a peace officer, becomes personally
6aware of the immediate commission of a felony or misdemeanor
7violation of the laws of this State; or (3) if the officer,
8while on duty as a peace officer, is requested by an
9appropriate State or local law enforcement official to render
10aid or assistance to the requesting law enforcement agency
11that is outside the officer's primary jurisdiction; or (4) in
12accordance with Section 2605-580 of the Illinois State Police
13Law of the Civil Administrative Code of Illinois. While acting
14pursuant to this subsection, an officer has the same authority
15as within his or her own jurisdiction.
16    (a-7) The law enforcement agency of the county or
17municipality in which any arrest is made under this Section
18shall be immediately notified of the arrest.
19    (b) Any peace officer of another State who enters this
20State in fresh pursuit and continues within this State in
21fresh pursuit of a person in order to arrest him on the ground
22that he has committed an offense in the other State has the
23same authority to arrest and hold the person in custody as
24peace officers of this State have to arrest and hold a person
25in custody on the ground that he has committed an offense in
26this State.

 

 

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1    (c) If an arrest is made in this State by a peace officer
2of another State in accordance with the provisions of this
3Section he shall without unnecessary delay take the person
4arrested before the circuit court of the county in which the
5arrest was made. Such court shall conduct a hearing for the
6purpose of determining the lawfulness of the arrest. If the
7court determines that the arrest was lawful it shall commit
8the person arrested, to await for a reasonable time the
9issuance of an extradition warrant by the Governor of this
10State, or admit him to pretrial release bail for such purpose.
11If the court determines that the arrest was unlawful it shall
12discharge the person arrested.
13(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
14revised 10-20-21.)
 
15    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
16    Sec. 107-9. Issuance of arrest warrant upon complaint.
17    (a) When a complaint is presented to a court charging that
18an offense has been committed it shall examine upon oath or
19affirmation the complainant or any witnesses.
20    (b) The complaint shall be in writing and shall:
21        (1) State the name of the accused if known, and if not
22    known the accused may be designated by any name or
23    description by which he can be identified with reasonable
24    certainty;
25        (2) State the offense with which the accused is

 

 

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1    charged;
2        (3) State the time and place of the offense as
3    definitely as can be done by the complainant; and
4        (4) Be subscribed and sworn to by the complainant.
5    (b-5) If an arrest warrant is sought and the request is
6made by electronic means that has a simultaneous video and
7audio transmission between the requester and a judge, the
8judge may issue an arrest warrant based upon a sworn complaint
9or sworn testimony communicated in the transmission.
10    (c) A warrant shall be issued by the court for the arrest
11of the person complained against if it appears from the
12contents of the complaint and the examination of the
13complainant or other witnesses, if any, that the person
14against whom the complaint was made has committed an offense.
15    (d) The warrant of arrest shall:
16        (1) Be in writing;
17        (2) Specify the name, sex and birth date of the person
18    to be arrested or if his name, sex or birth date is
19    unknown, shall designate such person by any name or
20    description by which he can be identified with reasonable
21    certainty;
22        (3) Set forth the nature of the offense;
23        (4) State the date when issued and the municipality or
24    county where issued;
25        (5) Be signed by the judge of the court with the title
26    of his office;

 

 

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1        (6) Command that the person against whom the complaint
2    was made be arrested and brought before the court issuing
3    the warrant or if he is absent or unable to act before the
4    nearest or most accessible court in the same county;
5        (7) Specify the conditions of pretrial release amount
6    of bail; and
7        (8) Specify any geographical limitation placed on the
8    execution of the warrant, but such limitation shall not be
9    expressed in mileage.
10    (e) The warrant shall be directed to all peace officers in
11the State. It shall be executed by the peace officer, or by a
12private person specially named therein, at any location within
13the geographic limitation for execution placed on the warrant.
14If no geographic limitation is placed on the warrant, then it
15may be executed anywhere in the State.
16    (f) The arrest warrant may be issued electronically or
17electromagnetically by use of electronic mail or a facsimile
18transmission machine and any arrest warrant shall have the
19same validity as a written warrant.
20(Source: P.A. 101-239, eff. 1-1-20; 101-652.)
 
21    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
22    Sec. 109-1. Person arrested; release from law enforcement
23custody and court appearance; geographical constraints prevent
24in-person appearances.
25    (a) A person arrested with or without a warrant for an

 

 

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1offense for which pretrial release may be denied under
2paragraphs (1) through (6) of Section 110-6.1 shall be taken
3without unnecessary delay before the nearest and most
4accessible judge in that county, except when such county is a
5participant in a regional jail authority, in which event such
6person may be taken to the nearest and most accessible judge,
7irrespective of the county where such judge presides, and a
8charge shall be filed. Whenever a person arrested either with
9or without a warrant is required to be taken before a judge, a
10charge may be filed against such person by way of a two-way
11closed circuit television system, except that a hearing to
12deny pretrial release bail to the defendant may not be
13conducted by way of closed circuit television.
14    (a-4) Law enforcement shall issue a citation in lieu of
15custodial arrest, upon proper identification, for those
16accused of Class B and C traffic and criminal misdemeanor
17offenses, or of petty and business offenses unless: (i) a law
18enforcement officer reasonably believes the accused poses a
19threat to the community or any person, (ii) a custodial arrest
20is necessary because the criminal activity persists after the
21issuance of a citation, (iii) the accused has an obvious
22medical or mental health issue that poses a risk to the
23accused's own safety or (iv) to verify the person's identity.
24Nothing in this Section requires arrest in the case of Class A
25misdemeanor and felony offenses, or otherwise limits existing
26law enforcement discretion to decline to effect a custodial

 

 

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1arrest.
2    (a-4.1) A person arrested shall not be released prior to
3arraignment if the person is arrested for a weapons-related or
4sex offense. Upon release, the defendant shall be provided
5written notification of the defendant's scheduled court date,
6which shall scheduled within 21 days after arrest, and
7conditions of release, and shall be sent subsequent court
8reminder notification by mail, electronically, text, or
9telephone.
10    (a-4.2) A pretrial services agency shall screen each
11defendant who is statutorily eligible for release before the
12initial court appearance and provide a written report for the
13bail hearing. The screen shall include a defendant interview,
14criminal history investigation, verification of interview
15information, administration of a validated pretrial risk
16assessment instrument, and any other information as required
17to assist the court in making informed release or detention
18determinations.
19    (a-1) Law enforcement shall issue a citation in lieu of
20custodial arrest, upon proper identification, for those
21accused of traffic and Class B and C criminal misdemeanor
22offenses, or of petty and business offenses, who pose no
23obvious threat to the community or any person, or who have no
24obvious medical or mental health issues that pose a risk to
25their own safety. Those released on citation shall be
26scheduled into court within 21 days.

 

 

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1    (a-3) A person arrested with or without a warrant for an
2offense for which pretrial release may not be denied may,
3except as otherwise provided in this Code, be released by the
4officer without appearing before a judge. The releasing
5officer shall issue the person a summons to appear within 21
6days. A presumption in favor of pretrial release shall by
7applied by an arresting officer in the exercise of his or her
8discretion under this Section.
9    (a-5) A person charged with an offense shall be allowed
10counsel at the hearing at which pretrial release bail is
11determined under Article 110 of this Code and at all pretrial
12detention hearings and shall have the right to cross examine
13the prosecution's witnesses and present evidence. If the
14defendant desires counsel for his or her initial appearance
15but is unable to obtain counsel, the court shall appoint a
16public defender or licensed attorney at law of this State to
17represent him or her for purposes of that hearing. At all
18pretrial detention hearings, the prosecution shall have the
19burden to prove by clear and convincing evidence that no
20conditions of release will reasonably assure the safety of the
21community or the defendant's appearance in court. At all
22pretrial detention hearings, when detention is ordered, the
23court shall make a written finding, explaining why less
24restrictive conditions of release would be insufficient to
25protect community safety or reasonably assure the defendant's
26appearance at future court hearings. A public defender shall

 

 

HB4052- 28 -LRB103 01905 RLC 61044 b

1be appointed prior to the defendant's first appearance, with
2sufficient time for meaningful attorney-client contact to
3gather information in order to advocate effectively for
4defendant's pretrial release under the least restrictive
5conditions to reasonably assure community safety and court
6appearance. Defense counsel shall have access to the same
7documentary information relied upon by the prosecution and
8presented to the court.
9    (a-6) The defendant shall appear before the court in
10person at the first appearance, but based on geographical or
11other constraints, may appear through remote access.
12    (a-7) At the initial pretrial court appearance, the court,
13upon written motion by the prosecution, may order the
14defendant's temporary detention, pending a full pretrial
15detention hearing within 3 calendar days, if:
16        (1) the court finds probable cause for the crime
17    charged;
18        (2) the defendant falls within the narrowly drawn
19    detention-eligible criteria; and
20        (3) the court finds by the preponderance of the
21    evidence that the defendant poses an unmanageable level of
22    risk to commit or attempt to commit a crime of violence, or
23    intentional failure to appear for scheduled court
24    appearances, or both, setting forth the factual basis for
25    temporary detention.
26    (b) Upon initial appearance of a person before the court,

 

 

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1the The judge shall:
2        (1) inform Inform the defendant of the charge against
3    him and shall provide him with a copy of the charge;
4        (2) advise Advise the defendant of his right to
5    counsel and if indigent shall appoint a public defender or
6    licensed attorney at law of this State to represent him in
7    accordance with the provisions of Section 113-3 of this
8    Code;
9        (3) schedule Schedule a preliminary hearing in
10    appropriate cases;
11        (4) admit Admit the defendant to pretrial release bail
12    in accordance with the provisions of Article 110/5 110 of
13    this Code, or upon verified petition of the State, proceed
14    with the setting of a detention hearing as provided in
15    Section 110-6.1; and
16        (5) Order the confiscation of the person's passport or
17    impose travel restrictions on a defendant arrested for
18    first degree murder or other violent crime as defined in
19    Section 3 of the Rights of Crime Victims and Witnesses
20    Act, if the judge determines, based on the factors in
21    Section 110-5 of this Code, that this will reasonably
22    ensure the appearance of the defendant and compliance by
23    the defendant with all conditions of release.
24    (c) The court may issue an order of protection in
25accordance with the provisions of Article 112A of this Code.
26Crime victims shall be given notice by the State's Attorney's

 

 

HB4052- 30 -LRB103 01905 RLC 61044 b

1office of this hearing as required in paragraph (2) of
2subsection (b) of the Rights of Crime Victims and Witnesses
3Act and shall be informed of their opportunity at this hearing
4to obtain an order of protection under Article 112A of this
5Code.
6    (d) At the initial appearance of a defendant in any
7criminal proceeding, the court must advise the defendant in
8open court that any foreign national who is arrested or
9detained has the right to have notice of the arrest or
10detention given to his or her country's consular
11representatives and the right to communicate with those
12consular representatives if the notice has not already been
13provided. The court must make a written record of so advising
14the defendant.
15    (e) If consular notification is not provided to a
16defendant before his or her first appearance in court, the
17court shall grant any reasonable request for a continuance of
18the proceedings to allow contact with the defendant's
19consulate. Any delay caused by the granting of the request by a
20defendant shall temporarily suspend for the time of the delay
21the period within which a person shall be tried as prescribed
22by subsections (a), (b), or (e) of Section 103-5 of this Code
23and on the day of the expiration of delay the period shall
24continue at the point at which it was suspended.
25    (f) At the hearing at which conditions of pretrial release
26are determined, the person charged shall be present in person

 

 

HB4052- 31 -LRB103 01905 RLC 61044 b

1rather than by video phone or any other form of electronic
2communication, unless the physical health and safety of the
3person would be endangered by appearing in court or the
4accused waives the right to be present in person.
5    (g) Defense counsel shall be given adequate opportunity to
6confer with Defendant prior to any hearing in which conditions
7of release or the detention of the Defendant is to be
8considered, with a physical accommodation made to facilitate
9attorney/client consultation.
10(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
11eff. 1-1-18; 101-652.)
 
12    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
13    Sec. 109-2. Person arrested in another county. (a) Any
14person arrested in a county other than the one in which a
15warrant for his arrest was issued shall be taken without
16unnecessary delay before the nearest and most accessible judge
17in the county where the arrest was made or, if no additional
18delay is created, before the nearest and most accessible judge
19in the county from which the warrant was issued. Upon arrival
20in the county in which the warrant was issued, the status of
21the arrested person's release status shall be determined by
22the release revocation process described in Section 110-6. He
23shall be admitted to bail in the amount specified in the
24warrant or, for offenses other than felonies, in an amount as
25set by the judge, and such bail shall be conditioned on his

 

 

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1appearing in the court issuing the warrant on a certain date.
2The judge may hold a hearing to determine if the defendant is
3the same person as named in the warrant.
4    (b) Notwithstanding the provisions of subsection (a), any
5person arrested in a county other than the one in which a
6warrant for his arrest was issued, may waive the right to be
7taken before a judge in the county where the arrest was made.
8If a person so arrested waives such right, the arresting
9agency shall surrender such person to a law enforcement agency
10of the county that issued the warrant without unnecessary
11delay. The provisions of Section 109-1 shall then apply to the
12person so arrested.
13    (c) If a defendant is charged with a felony offense, but
14has a warrant in another county, the defendant shall be taken
15to the county that issued the warrant within 72 hours of the
16completion of condition or detention hearing, so that release
17or detention status can be resolved. This provision shall not
18apply to warrants issued outside of Illinois.
19(Source: P.A. 86-298; 101-652.)
 
20    (725 ILCS 5/109-3)  (from Ch. 38, par. 109-3)
21    Sec. 109-3. Preliminary examination.)
22    (a) The judge shall hold the defendant to answer to the
23court having jurisdiction of the offense if from the evidence
24it appears there is probable cause to believe an offense has
25been committed by the defendant, as provided in Section

 

 

HB4052- 33 -LRB103 01905 RLC 61044 b

1109-3.1 of this Code, if the offense is a felony.
2    (b) If the defendant waives preliminary examination the
3judge shall hold him to answer and may, or on the demand of the
4prosecuting attorney shall, cause the witnesses for the State
5to be examined. After hearing the testimony if it appears that
6there is not probable cause to believe the defendant guilty of
7any offense the judge shall discharge him.
8    (c) During the examination of any witness or when the
9defendant is making a statement or testifying the judge may
10and on the request of the defendant or State shall exclude all
11other witnesses. He may also cause the witnesses to be kept
12separate and to be prevented from communicating with each
13other until all are examined.
14    (d) If the defendant is held to answer the judge may
15require any material witness for the State or defendant to
16enter into a written undertaking to appear at the trial, and
17may provide for the forfeiture of a sum certain in the event
18the witness does not appear at the trial. Any witness who
19refuses to execute a recognizance may be committed by the
20judge to the custody of the sheriff until trial or further
21order of the court having jurisdiction of the cause. Any
22witness who executes a recognizance and fails to comply with
23its terms shall, in addition to any forfeiture provided in the
24recognizance, be subject to the penalty provided in Section
2532-10 of the Criminal Code of 2012 for violation of the
26conditions of pretrial release bail bond.

 

 

HB4052- 34 -LRB103 01905 RLC 61044 b

1    (e) During preliminary hearing or examination the
2defendant may move for an order of suppression of evidence
3pursuant to Section 114-11 or 114-12 of this Act or for other
4reasons, and may move for dismissal of the charge pursuant to
5Section 114-1 of this Act or for other reasons.
6(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
7    (725 ILCS 5/109-3.1)  (from Ch. 38, par. 109-3.1)
8    Sec. 109-3.1. Persons Charged with Felonies. (a) In any
9case involving a person charged with a felony in this State,
10alleged to have been committed on or after January 1, 1984, the
11provisions of this Section shall apply.
12    (b) Every person in custody in this State for the alleged
13commission of a felony shall receive either a preliminary
14examination as provided in Section 109-3 or an indictment by
15Grand Jury as provided in Section 111-2, within 30 days from
16the date he or she was taken into custody. Every person on
17pretrial release bail or recognizance for the alleged
18commission of a felony shall receive either a preliminary
19examination as provided in Section 109-3 or an indictment by
20Grand Jury as provided in Section 111-2, within 60 days from
21the date he or she was arrested.
22The provisions of this paragraph shall not apply in the
23following situations:
24    (1) when delay is occasioned by the defendant; or
25    (2) when the defendant has been indicted by the Grand Jury

 

 

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1on the felony offense for which he or she was initially taken
2into custody or on an offense arising from the same
3transaction or conduct of the defendant that was the basis for
4the felony offense or offenses initially charged; or
5    (3) when a competency examination is ordered by the court;
6or
7    (4) when a competency hearing is held; or
8    (5) when an adjudication of incompetency for trial has
9been made; or
10    (6) when the case has been continued by the court under
11Section 114-4 of this Code after a determination that the
12defendant is physically incompetent to stand trial.
13    (c) Delay occasioned by the defendant shall temporarily
14suspend, for the time of the delay, the period within which the
15preliminary examination must be held. On the day of expiration
16of the delay the period in question shall continue at the point
17at which it was suspended.
18(Source: P.A. 83-644; 101-652.)
 
19    (725 ILCS 5/Art. 110 heading)
20
ARTICLE 110. PRETRIAL RELEASE BAIL

 
21    (725 ILCS 5/110-1)  (from Ch. 38, par. 110-1)
22    Sec. 110-1. Definitions. (a) (Blank). "Security" is that
23which is required to be pledged to insure the payment of bail.
24    (b) "Sureties" encompasses the monetary and nonmonetary

 

 

HB4052- 36 -LRB103 01905 RLC 61044 b

1requirements set by the court as conditions for release either
2before or after conviction. "Surety" is one who executes a
3bail bond and binds himself to pay the bail if the person in
4custody fails to comply with all conditions of the bail bond.
5    (c) The phrase "for which a sentence of imprisonment,
6without conditional and revocable release, shall be imposed by
7law as a consequence of conviction" means an offense for which
8a sentence of imprisonment, without probation, periodic
9imprisonment or conditional discharge, is required by law upon
10conviction.
11    (d) (Blank.) "Real and present threat to the physical
12safety of any person or persons", as used in this Article,
13includes a threat to the community, person, persons or class
14of persons.
15    (e) Willful flight means planning or attempting to
16intentionally evade prosecution by concealing oneself. Simple
17past non-appearance in court alone is not evidence of future
18intent to evade prosecution.
19(Source: P.A. 85-892; 101-652.)
 
20    (725 ILCS 5/110-1.1 new)
21    Sec. 110-1.1. Legislative findings. The General Assembly
22finds that:
23    (1) The constitutional presumption of innocence and
24reasonable bail shall be honored, by providing for release of
25persons charged with crimes on the least restrictive

 

 

HB4052- 37 -LRB103 01905 RLC 61044 b

1conditions that reasonably assure the person would (i) not
2endanger public safety while awaiting trial and (ii) appear in
3court as directed.
4    (2) Courts should first and foremost consider nonfinancial
5bail alternatives and release on recognizance. To the extent
6that it is used, money bail should be a method of release, not
7a de facto method of detention, and must be attainable. No
8defendant should be detained solely because they are
9financially unable to post a money bond.
10    (3) Decisions regarding release, conditions of release,
11and detention prior to trial should be individualized.
12    (4) Locally imposed exceptions to release of individuals
13who are statutorily eligible for pretrial release shall be
14precluded.
15    (5) Limited preventive detention of individuals charged
16with statutory delineated exceptions shall be allowed, but
17only after a due process hearing at which the individual's
18risk to public safety or risk of flight is lawfully
19established by clear and convincing evidence.
20    (6) Pretrial detention of any individual solely due to
21inability to meet a financial condition of release shall be
22prohibited.
23    (7) A systematic mechanism to identify any individual who
24remains in custody solely due to inability to meet a financial
25condition of release shall be established and used to cause
26prompt reconsideration in that case.

 

 

HB4052- 38 -LRB103 01905 RLC 61044 b

1    (8) The entire pretrial services system must be fair,
2efficient, transparent, accountable and adequately-resourced;
3it must use legal and evidence-based practices and have an
4operational structure guided by the National Institute of
5Corrections.
 
6    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
7    Sec. 110-2. Release on own recognizance.
8    (a) It is presumed that a defendant is entitled to release
9on personal recognizance on the condition that the defendant
10attend all required court proceedings and the defendant does
11not commit any criminal offense, and complies with all terms
12of pretrial release, including, but not limited to, orders of
13protection under both Section 112A-4 of this Code and Section
14214 of the Illinois Domestic Violence Act of 1986, all civil no
15contact orders, and all stalking no contact orders.
16    (b) Additional conditions of release, including those
17highlighted above, shall be set only when it is determined
18that they are necessary to assure the defendant's appearance
19in court, assure the defendant does not commit any criminal
20offense, and complies with all conditions of pretrial release.
21    (c) Detention only shall be imposed when it is determined
22that the defendant poses a specific, real and present threat
23to a person, or has a high likelihood of willful flight. If the
24court deems that the defendant is to be released on personal
25recognizance, the court may require that a written

 

 

HB4052- 39 -LRB103 01905 RLC 61044 b

1admonishment be signed by When from all the circumstances the
2court is of the opinion that the defendant will appear as
3required either before or after conviction and the defendant
4will not pose a danger to any person or the community and that
5the defendant will comply with all conditions of bond, which
6shall include the defendant's current address with a written
7admonishment to the defendant requiring that he or she must
8comply with the provisions of Section 110-12 of this Code
9regarding any change in his or her address. The , the defendant
10may be released on his or her own recognizance upon signature.
11The defendant's address shall at all times remain a matter of
12public record with the clerk of the court. A failure to appear
13as required by such recognizance shall constitute an offense
14subject to the penalty provided in Section 32-10 of the
15Criminal Code of 2012 for violation of the conditions of
16pretrial release bail bond, and any obligated sum fixed in the
17recognizance shall be forfeited and collected in accordance
18with subsection (g) of Section 110-7 of this Code.
19    (d) If, after the procedures set out in Section 110-6.1,
20the court decides to detain the defendant, the Court must make
21a written finding as to why less restrictive conditions would
22not assure safety to the community and assure the defendant's
23appearance in court. At each subsequent appearance of the
24defendant before the Court, the judge must find that continued
25detention or the current set of conditions imposed are
26necessary to avoid the specific, real and present threat to

 

 

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1any person or of willful flight from prosecution to continue
2detention of the defendant. The court is not required to be
3presented with new information or a change in circumstance to
4consider reconsidering pretrial detention on current
5conditions.
6    (e) This Section shall be liberally construed to
7effectuate the purpose of relying upon contempt of court
8proceedings or criminal sanctions instead of financial loss to
9assure the appearance of the defendant, and that the defendant
10will not pose a danger to any person or the community and that
11the defendant will not pose comply with all conditions of
12bond. Monetary bail should be set only when it is determined
13that no other conditions of release will reasonably assure the
14defendant's appearance in court, that the defendant does not
15present a danger to any person or the community and that the
16defendant will comply with all conditions of pretrial release
17bond.
18    The State may appeal any order permitting release by
19personal recognizance.
20(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
21    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
22    Sec. 110-3. Options for warrant alternatives Issuance of
23warrant.
24    (a) Upon failure to comply with any condition of pretrial
25release a bail bond or recognizance the court having

 

 

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1jurisdiction at the time of such failure may, on its own motion
2or upon motion from the State, issue an order to show cause as
3to why he or she shall not be subject to revocation of pretrial
4release, or for sanctions, as provided in Section 110-6.
5Nothing in this Section prohibits the court from issuing a
6warrant under subsection (c) upon failure to comply with any
7condition of pretrial release or recognizance.
8    (b) The order issued by the court shall state the facts
9alleged to constitute the hearing to show cause or otherwise
10why the person is subject to revocation of pretrial release. A
11certified copy of the order shall be served upon the person at
12least 48 hours in advance of the scheduled hearing.
13    (c) If the person does not appear at the hearing to show
14cause or absconds, the court may, in addition to any other
15action provided by law, issue a warrant for the arrest of the
16person at liberty on pretrial release bail or his own
17recognizance. The contents of such a warrant shall be the same
18as required for an arrest warrant issued upon complaint and
19may modify any previously imposed conditions placed upon the
20person, rather than revoking pretrial release or issuing a
21warrant for the person in accordance with the requirements in
22subsections (d) and (e) of Section 110-5. When a defendant is
23at liberty on pretrial release bail or his own recognizance on
24a felony charge and fails to appear in court as directed, the
25court may shall issue a warrant for the arrest of such person
26after his or her failure to appear at the show for cause

 

 

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1hearing as provided in this Section. Such warrant shall be
2noted with a directive to peace officers to arrest the person
3and hold such person without pretrial release bail and to
4deliver such person before the court for further proceedings.
5    (d) If the order as described in Subsection B is issued, a
6failure to appear shall not be recorded until the Defendant
7fails to appear at the hearing to show cause. For the purpose
8of any risk assessment or future evaluation of risk of willful
9flight or risk of failure to appear, a non-appearance in court
10cured by an appearance at the hearing to show cause shall not
11be considered as evidence of future likelihood appearance in
12court. A defendant who is arrested or surrenders within 30
13days of the issuance of such warrant shall not be bailable in
14the case in question unless he shows by the preponderance of
15the evidence that his failure to appear was not intentional.
16(Source: P.A. 86-298; 86-984; 86-1028; 101-652.)
 
17    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
18    Sec. 110-4. Pretrial release Bailable Offenses.
19    (a) All persons charged with an offense shall be eligible
20for pretrial release before conviction. Pretrial release may
21only be denied when a person is charged with an offense listed
22in Section 110-6.1 or when the defendant has a high likelihood
23of willful flight, and after the court has held a hearing under
24Section 110-6.1. All persons shall be bailable before
25conviction, except the following offenses where the proof is

 

 

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1evident or the presumption great that the defendant is guilty
2of the offense: capital offenses; offenses for which a
3sentence of life imprisonment may be imposed as a consequence
4of conviction; felony offenses for which a sentence of
5imprisonment, without conditional and revocable release, shall
6be imposed by law as a consequence of conviction, where the
7court after a hearing, determines that the release of the
8defendant would pose a real and present threat to the physical
9safety of any person or persons; stalking or aggravated
10stalking, where the court, after a hearing, determines that
11the release of the defendant would pose a real and present
12threat to the physical safety of the alleged victim of the
13offense and denial of bail is necessary to prevent fulfillment
14of the threat upon which the charge is based; or unlawful use
15of weapons in violation of item (4) of subsection (a) of
16Section 24-1 of the Criminal Code of 1961 or the Criminal Code
17of 2012 when that offense occurred in a school or in any
18conveyance owned, leased, or contracted by a school to
19transport students to or from school or a school-related
20activity, or on any public way within 1,000 feet of real
21property comprising any school, where the court, after a
22hearing, determines that the release of the defendant would
23pose a real and present threat to the physical safety of any
24person and denial of bail is necessary to prevent fulfillment
25of that threat; or making a terrorist threat in violation of
26Section 29D-20 of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012 or an attempt to commit the offense of making a
2terrorist threat, where the court, after a hearing, determines
3that the release of the defendant would pose a real and present
4threat to the physical safety of any person and denial of bail
5is necessary to prevent fulfillment of that threat.
6    (b) A person seeking pretrial release on bail who is
7charged with a capital offense or an offense for which a
8sentence of life imprisonment may be imposed shall not be
9eligible for release pretrial bailable until a hearing is held
10wherein such person has the burden of demonstrating that the
11proof of his guilt is not evident and the presumption is not
12great.
13    (c) Where it is alleged that pretrial bail should be
14denied to a person upon the grounds that the person presents a
15real and present threat to the physical safety of any person or
16persons, the burden of proof of such allegations shall be upon
17the State.
18    (d) When it is alleged that pretrial bail should be denied
19to a person charged with stalking or aggravated stalking upon
20the grounds set forth in Section 110-6.3 of this Code, the
21burden of proof of those allegations shall be upon the State.
22(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
23    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
24    Sec. 110-5. Determining the amount of bail and conditions
25of release.

 

 

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1    (a) In determining which the amount of monetary bail or
2conditions of pretrial release, if any, which will reasonably
3assure the appearance of a defendant as required or the safety
4of any other person or the community and the likelihood of
5compliance by the defendant with all the conditions of
6pretrial release bail, the court shall, on the basis of
7available information, take into account such matters as:
8        (1) the nature and circumstances of the offense
9    charged;
10        (2) the weight of the evidence against the eligible
11    defendant, except that the court may consider the
12    admissibility of any evidence sought to be excluded;
13        (3) the history and characteristics of the eligible
14    defendant, including:
15            (A) the eligible defendant's character, physical
16        and mental condition, family ties, employment,
17        financial resources, length of residence in the
18        community, community ties, past relating to drug or
19        alcohol abuse, conduct, history criminal history, and
20        record concerning appearance at court proceedings; and
21            (B) whether, at the time of the current offense or
22        arrest, the eligible defendant was on probation,
23        parole, or on other release pending trial, sentencing,
24        appeal, or completion of sentence for an offense under
25        federal law, or the law of this or any other state;
26        (4) the nature and seriousness of the risk of

 

 

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1    obstructing or attempting to obstruct the criminal justice
2    process that would be posed by the eligible defendant's
3    release, if applicable; and
4        (4.1) the release recommendation of the pretrial
5    services agency, obtained using a risk assessment
6    instrument.
7    The court may consider the risk assessed through an
8actuarial pretrial risk assessment instrument, except that the
9court may not detain based solely on the results of that
10instrument. specific, real and present threat to any person
11that would be posed by the eligible defendant's release, if
12applicable; as required under paragraph (7.5) of Section 4 of
13the Rights of Crime Victims and Witnesses Act; and
14    (a-1) The Court shall, upon a detention determination,
15state in writing the factual basis for its finding that, by
16clear and convincing evidence, the defendant poses an
17unmanageable risk to commit a violent offense or to willfully
18fail to appear for scheduled court appearances and explaining
19why less restrictive conditions of release would be
20insufficient to protect the public or ensure that the
21defendant returns to court. This written finding shall be
22entered in every instance in which detention is ordered or in
23which the conditions imposed by the court do not result in the
24defendant's immediate release.
25        (5) the nature and seriousness of the risk of
26    obstructing or attempting to obstruct the criminal justice

 

 

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1    process that would be posed by the eligible defendant's
2    release, if applicable.
3    (b) The court shall impose any conditions that are
4mandatory under Section 110-10. The court may impose any
5conditions that are permissible under Section 110-10.
6    (a-5) There shall be a presumption that any conditions of
7release imposed shall be non-monetary in nature and the court
8shall impose the least restrictive and individualized
9conditions or combination of conditions necessary to
10reasonably assure the appearance of the defendant for further
11court proceedings, provide reasonable assurance of public
12safety, and protect the integrity of the judicial proceedings
13from a specific threat to a witness or participant. Conditions
14of release may include, but not be limited to, electronic home
15monitoring, drug counseling, stay-away orders, and in-person
16reporting. The court shall consider the defendant's
17socio-economic circumstance when setting conditions of release
18or imposing monetary bail. Conditions of bail requiring the
19defendant to be placed on electronic home monitoring or to
20undergo drug counseling are appropriate when used in
21accordance with national best practices as detailed in the
22Pretrial Supervision Standards of the Illinois Supreme Court.
23    (b) The amount of bail shall be:
24        (1) Sufficient to assure compliance with the
25    conditions set forth in the bail bond, which shall include
26    the defendant's current address with a written

 

 

HB4052- 48 -LRB103 01905 RLC 61044 b

1    admonishment to the defendant that he or she must comply
2    with the provisions of Section 110-12 regarding any change
3    in his or her address. The defendant's address shall at
4    all times remain a matter of public record with the clerk
5    of the court.
6        (2) Not oppressive.
7        (3) Considerate of the financial ability of the
8    accused.
9    (b-1) No defendant shall be solely detained due to his or
10her inability to meet a financial condition of release.
11    (b-2) Sequential review procedures shall be adopted to
12review pretrial release and detention decisions throughout the
13pendency of the case.
14    (b-3) A defendant shall receive verbal and written
15notification of all court-imposed bail conditions with clear
16instructions for each condition. A Defendant shall also
17receive verbal and written notification of subsequent court
18dates, including date, time, and courtroom.
19    (c) When a person is charged with an offense punishable by
20fine only the amount of the bail shall not exceed double the
21amount of the maximum penalty.
22    (d) When a person has been convicted of an offense and only
23a fine has been imposed the amount of the bail shall not exceed
24double the amount of the fine.
25    (e) The State may appeal any order granting bail or
26setting a given amount for bail.

 

 

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1    (f) (b) When a person is charged with a violation of an
2order of protection under Section 12-3.4 or 12-30 of the
3Criminal Code of 1961 or the Criminal Code of 2012 or when a
4person is charged with domestic battery, aggravated domestic
5battery, kidnapping, aggravated kidnaping, unlawful restraint,
6aggravated unlawful restraint, stalking, aggravated stalking,
7cyberstalking, harassment by telephone, harassment through
8electronic communications, or an attempt to commit first
9degree murder committed against an intimate partner regardless
10whether an order of protection has been issued against the
11person,
12        (1) whether the alleged incident involved harassment
13    or abuse, as defined in the Illinois Domestic Violence Act
14    of 1986;
15        (2) whether the person has a history of domestic
16    violence, as defined in the Illinois Domestic Violence
17    Act, or a history of other criminal acts;
18        (3) based on the mental health of the person;
19        (4) whether the person has a history of violating the
20    orders of any court or governmental entity;
21        (5) whether the person has been, or is, potentially a
22    threat to any other person;
23        (6) whether the person has access to deadly weapons or
24    a history of using deadly weapons;
25        (7) whether the person has a history of abusing
26    alcohol or any controlled substance;

 

 

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1        (8) based on the severity of the alleged incident that
2    is the basis of the alleged offense, including, but not
3    limited to, the duration of the current incident, and
4    whether the alleged incident involved the use of a weapon,
5    physical injury, sexual assault, strangulation, abuse
6    during the alleged victim's pregnancy, abuse of pets, or
7    forcible entry to gain access to the alleged victim;
8        (9) whether a separation of the person from the victim
9    of abuse alleged victim or a termination of the
10    relationship between the person and the victim of abuse
11    alleged victim has recently occurred or is pending;
12        (10) whether the person has exhibited obsessive or
13    controlling behaviors toward the victim of abuse alleged
14    victim, including, but not limited to, stalking,
15    surveillance, or isolation of the victim of abuse alleged
16    victim or victim's family member or members;
17        (11) whether the person has expressed suicidal or
18    homicidal ideations;
19        (11.5) any other factors deemed by the court to have a
20    reasonable bearing upon the defendant's propensity or
21    reputation for violent, abusive or assaultive behavior, or
22    lack of that behavior
23        (12) based on any information contained in the
24    complaint and any police reports, affidavits, or other
25    documents accompanying the complaint,
26the court may, in its discretion, order the respondent to

 

 

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1undergo a risk assessment evaluation using a recognized,
2evidence-based instrument conducted by an Illinois Department
3of Human Services approved partner abuse intervention program
4provider, pretrial service, probation, or parole agency. These
5agencies shall have access to summaries of the defendant's
6criminal history, which shall not include victim interviews or
7information, for the risk evaluation. Based on the information
8collected from the 12 points to be considered at a bail hearing
9under this subsection (f), the results of any risk evaluation
10conducted and the other circumstances of the violation, the
11court may order that the person, as a condition of bail, be
12placed under electronic surveillance as provided in Section
135-8A-7 of the Unified Code of Corrections. Upon making a
14determination whether or not to order the respondent to
15undergo a risk assessment evaluation or to be placed under
16electronic surveillance and risk assessment, the court shall
17document in the record the court's reasons for making those
18determinations. The cost of the electronic surveillance and
19risk assessment shall be paid by, or on behalf, of the
20defendant. As used in this subsection (f), "intimate partner"
21means a spouse or a current or former partner in a cohabitation
22or dating relationship.
23    (c) In cases of stalking or aggravated stalking under
24Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
25court may consider the following additional factors:
26        (1) Any evidence of the defendant's prior criminal

 

 

HB4052- 52 -LRB103 01905 RLC 61044 b

1    history indicative of violent, abusive or assaultive
2    behavior, or lack of that behavior. The evidence may
3    include testimony or documents received in juvenile
4    proceedings, criminal, quasi-criminal, civil commitment,
5    domestic relations or other proceedings;
6        (2) Any evidence of the defendant's psychological,
7    psychiatric or other similar social history that tends to
8    indicate a violent, abusive, or assaultive nature, or lack
9    of any such history.
10        (3) The nature of the threat which is the basis of the
11    charge against the defendant;
12        (4) Any statements made by, or attributed to the
13    defendant, together with the circumstances surrounding
14    them;
15        (5) The age and physical condition of any person
16    allegedly assaulted by the defendant;
17        (6) Whether the defendant is known to possess or have
18    access to any weapon or weapons;
19        (7) Any other factors deemed by the court to have a
20    reasonable bearing upon the defendant's propensity or
21    reputation for violent, abusive or assaultive behavior, or
22    lack of that behavior.
23    (d) The Court may use a regularly validated risk
24assessment tool to aid it determination of appropriate
25conditions of release as provided for in Section 110-6.4. Risk
26assessment tools may not be used as the sole basis to deny

 

 

HB4052- 53 -LRB103 01905 RLC 61044 b

1pretrial release. If a risk assessment tool is used, the
2defendant's counsel shall be provided with the information and
3scoring system of the risk assessment tool used to arrive at
4the determination. The defendant retains the right to
5challenge the validity of a risk assessment tool used by the
6court and to present evidence relevant to the defendant's
7challenge.
8    (e) If a person remains in pretrial detention after his or
9her pretrial conditions hearing after having been ordered
10released with pretrial conditions, the court shall hold a
11hearing to determine the reason for continued detention. If
12the reason for continued detention is due to the
13unavailability or the defendant's ineligibility for one or
14more pretrial conditions previously ordered by the court or
15directed by a pretrial services agency, the court shall reopen
16the conditions of release hearing to determine what available
17pretrial conditions exist that will reasonably assure the
18appearance of a defendant as required or the safety of any
19other person and the likelihood of compliance by the defendant
20with all the conditions of pretrial release. The inability of
21Defendant to pay for a condition of release or any other
22ineligibility for a condition of pretrial release shall not be
23used as a justification for the pretrial detention of that
24Defendant.
25    (f) Prior to the defendant's first appearance, the Court
26shall appoint the public defender or a licensed attorney at

 

 

HB4052- 54 -LRB103 01905 RLC 61044 b

1law of this State to represent the Defendant for purposes of
2that hearing, unless the defendant has obtained licensed
3counsel for themselves.
4    (g) Electronic monitoring, GPS monitoring, or home
5confinement can only be imposed condition of pretrial release
6if a no less restrictive condition of release or combination
7of less restrictive condition of release would reasonably
8ensure the appearance of the defendant for later hearings or
9protect an identifiable person or persons from imminent threat
10of serious physical harm.
11    (h) If the court imposes electronic monitoring, GPS
12monitoring, or home confinement the court shall set forth in
13the record the basis for its finding. A defendant shall be
14given custodial credit for each day he or she was subjected to
15that program, at the same rate described in subsection (b) of
16Section 5-4.5-100 of the unified code of correction.
17    (i) If electronic monitoring, GPS monitoring, or home
18confinement is imposed, the court shall determine every 60
19days if no less restrictive condition of release or
20combination of less restrictive conditions of release would
21reasonably ensure the appearance, or continued appearance, of
22the defendant for later hearings or protect an identifiable
23person or persons from imminent threat of serious physical
24harm. If the court finds that there are less restrictive
25conditions of release, the court shall order that the
26condition be removed.

 

 

HB4052- 55 -LRB103 01905 RLC 61044 b

1    (g) (j) Crime Victims shall be given notice by the State's
2Attorney's office of this hearing as required in paragraph (1)
3of subsection (b) of Section 4.5 of the Rights of Crime Victims
4and Witnesses Act and shall be informed of their opportunity
5at this hearing to obtain an order of protection under Article
6112A of this Code.
7(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)
 
8    (725 ILCS 5/110-5.2)
9    Sec. 110-5.2. Pretrial release Bail; pregnant pre-trial
10detainee.
11    (a) It is the policy of this State that a pre-trial
12detainee shall not be required to deliver a child while in
13custody absent a finding by the court that continued pre-trial
14custody is necessary to protect the public or the victim of the
15offense on which the charge is based.
16    (b) If the court reasonably believes that a pre-trial
17detainee will give birth while in custody, the court shall
18order an alternative to custody unless, after a hearing, the
19court determines:
20        (1) that the release of the pregnant pre-trial
21    detainee would pose a real and present threat to the
22    physical safety of the alleged victim of the offense and
23    continuing custody is necessary to prevent the fulfillment
24    of the threat upon which the charge is based; or
25        (2) that the release of the pregnant pre-trial

 

 

HB4052- 56 -LRB103 01905 RLC 61044 b

1    detainee would pose a real and present threat to the
2    physical safety of any person or persons or the general
3    public.
4    (c) The court may order a pregnant or post-partum detainee
5to be subject to electronic monitoring as a condition of
6pre-trial release or order other condition or combination of
7conditions the court reasonably determines are in the best
8interest of the detainee and the public.
9    (d) This Section shall be applicable to a pregnant
10pre-trial detainee in custody on or after the effective date
11of this amendatory Act of the 100th General Assembly.
12(Source: P.A. 100-630, eff. 1-1-19; 101-652.)
 
13    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
14    Sec. 110-6. Revocation of pretrial release, modification
15of conditions of pretrial release, and sanctions for
16violations of conditions of pretrial release Modification of
17bail or conditions.
18    (a) When a defendant is granted pretrial release under
19this section, that pretrial release may be revoked only under
20the following conditions:
21        (1) if the defendant is charged with a detainable
22    felony as defined in 110-6.1, a defendant may be detained
23    after the State files a verified petition for such a
24    hearing, and gives the defendant notice as prescribed in
25    110-6.1; or

 

 

HB4052- 57 -LRB103 01905 RLC 61044 b

1        (2) in accordance with subsection (b) of this section.
2    (b) Revocation due to a new criminal charge: If an
3individual, while on pretrial release for a Felony or Class A
4misdemeanor under this Section, is charged with a new felony
5or Class A misdemeanor under the Criminal Code of 2012, the
6court may, on its own motion or motion of the state, begin
7proceedings to revoke the individual's' pretrial release.
8        (1) When the defendant is charged with a felony or
9    class A misdemeanor offense and while free on pretrial
10    release bail is charged with a subsequent felony or class
11    A misdemeanor offense that is alleged to have occurred
12    during the defendant's pretrial release, the state may
13    file a verified petition for revocation of pretrial
14    release.
15        (2) When a defendant on pretrial release is charged
16    with a violation of an order of protection issued under
17    Section 112A-14 of this Code, or Section 214 of the
18    Illinois Domestic Violence Act of 1986 or previously was
19    convicted of a violation of an order of protection under
20    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
21    Criminal Code of 2012, and the subject of the order of
22    protection is the same person as the victim in the
23    underlying matter, the state shall file a verified
24    petition for revocation of pretrial release.
25        (3) Upon the filing of this petition, the court shall
26    order the transfer of the defendant and the application to

 

 

HB4052- 58 -LRB103 01905 RLC 61044 b

1    the court before which the previous felony matter is
2    pending. The defendant shall be held without bond pending
3    transfer to and a hearing before such court. The defendant
4    shall be transferred to the court before which the
5    previous matter is pending without unnecessary delay. In
6    no event shall the time between the filing of the state's
7    petition for revocation and the defendant's appearance
8    before the court before which the previous matter is
9    pending exceed 72 hours.
10        (4) The court before which the previous felony matter
11    is pending may revoke the defendant's pretrial release
12    only if it finds, after considering all relevant
13    circumstances including, but not limited to, the nature
14    and seriousness of the violation or criminal act alleged,
15    by the court finds clear and convincing evidence that no
16    condition or combination of conditions of release would
17    reasonably assure the appearance of the defendant for
18    later hearings or prevent the defendant from being charged
19    with a subsequent felony or class A misdemeanor.
20        (5) In lieu of revocation, the court may release the
21    defendant pre-trial, with or without modification of
22    conditions of pretrial release.
23        (6) If the case that caused the revocation is
24    dismissed, the defendant is found not guilty in the case
25    causing the revocation, or the defendant completes a
26    lawfully imposed sentence on the case causing the

 

 

HB4052- 59 -LRB103 01905 RLC 61044 b

1    revocation, the court shall, without unnecessary delay,
2    hold a hearing on conditions of release pursuant to
3    section 110-5 and release the defendant with or without
4    modification of conditions of pretrial release.
5        (7) Both the state and the defense may appeal an order
6    revoking pretrial release or denying a petition for
7    revocation of release.
8    (c) Violations other than re-arrest for a felony or class
9A misdemeanor. If a defendant:
10        (1) fails to appear in court as required by their
11    conditions of release;
12        (2) is charged with a class B or C misdemeanor, petty
13    offense, traffic offense, or ordinance violation that is
14    alleged to have occurred during the defendant's pretrial
15    release; or
16        (3) violates any other condition of release set by the
17    court,
18the court shall follow the procedures set forth in Section
19110-3 to ensure the defendant's appearance in court to address
20the violation.
21    (d) When a defendant appears in court for a notice to show
22cause hearing, or after being arrested on a warrant issued
23because of a failure to appear at a notice to show cause
24hearing, or after being arrested for an offense other than a
25felony or class A misdemeanor, the state may file a verified
26petition requesting a hearing for sanctions.

 

 

HB4052- 60 -LRB103 01905 RLC 61044 b

1    (e) During the hearing for sanctions, the defendant shall
2be represented by counsel and have an opportunity to be heard
3regarding the violation and evidence in mitigation. The court
4shall only impose sanctions if it finds by clear and
5convincing evidence that:
6        1. The defendant committed an act that violated a term
7    of their pretrial release;
8        2. The defendant had actual knowledge that their
9    action would violate a court order;
10        3. The violation of the court order was willful; and
11        4. The violation was not caused by a lack of access to
12    financial monetary resources.
13    (f) Sanctions: sanctions for violations of pretrial
14release may include:
15        1. A verbal or written admonishment from the court;
16        2. Imprisonment in the county jail for a period not
17    exceeding 30 days;
18        3. A fine of not more than $200; or
19        4. A modification of the defendant's pretrial
20    conditions.
21    (g) Modification of Pretrial Conditions
22        (a) The court may, at any time, after motion by either
23    party or on its own motion, remove previously set
24    conditions of pretrial release, subject to the provisions
25    in section (e). The court may only add or increase
26    conditions of pretrial release at a hearing under this

 

 

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1    Section, in a warrant issued under Section 110-3, or upon
2    motion from the state.
3        (b) Modification of conditions of release regarding
4    contact with victims or witnesses. The court shall not
5    remove a previously set condition of bond regulating
6    contact with a victim or witness in the case, unless the
7    subject of the condition has been given notice of the
8    hearing as required in paragraph (1) of subsection (b) of
9    Section 4.5 of the Rights of Crime Victims and Witnesses
10    Act. If the subject of the condition of release is not
11    present, the court shall follow the procedures of
12    paragraph (10) of subsection (c-1) of the Rights of Crime
13    Victims and Witnesses Act.
14    (a-1) (h) Notice to Victims: Crime Victims shall be given
15notice by the State's Attorney's office of all hearings in
16this section as required in paragraph (1) of subsection (b) of
17Section 4.5 of the Rights of Crime Victims and Witnesses Act
18and shall be informed of their opportunity at these hearing to
19obtain an order of protection under Article 112A of this Code.
20Upon verified application by the State or the defendant or on
21its own motion the court before which the proceeding is
22pending may increase or reduce the amount of bail or may alter
23the conditions of the bail bond or grant bail where it has been
24previously revoked or denied. If bail has been previously
25revoked pursuant to subsection (f) of this Section or if bail
26has been denied to the defendant pursuant to subsection (e) of

 

 

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1Section 110-6.1 or subsection (e) of Section 110-6.3, the
2defendant shall be required to present a verified application
3setting forth in detail any new facts not known or obtainable
4at the time of the previous revocation or denial of bail
5proceedings. If the court grants bail where it has been
6previously revoked or denied, the court shall state on the
7record of the proceedings the findings of facts and conclusion
8of law upon which such order is based.
9    (a-5) In addition to any other available motion or
10procedure under this Code, a person in custody solely for a
11Category B offense due to an inability to post monetary bail
12shall be brought before the court at the next available court
13date or 7 calendar days from the date bail was set, whichever
14is earlier, for a rehearing on the amount or conditions of bail
15or release pending further court proceedings. The court may
16reconsider conditions of release for any other person whose
17inability to post monetary bail is the sole reason for
18continued incarceration, including a person in custody for a
19Category A offense or a Category A offense and a Category B
20offense. The court may deny the rehearing permitted under this
21subsection (a-5) if the person has failed to appear as
22required before the court and is incarcerated based on a
23warrant for failure to appear on the same original criminal
24offense.
25    (b) Violation of the conditions of Section 110-10 of this
26Code or any special conditions of bail as ordered by the court

 

 

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1shall constitute grounds for the court to increase the amount
2of bail, or otherwise alter the conditions of bail, or, where
3the alleged offense committed on bail is a forcible felony in
4Illinois or a Class 2 or greater offense under the Illinois
5Controlled Substances Act, the Cannabis Control Act, or the
6Methamphetamine Control and Community Protection Act, revoke
7bail pursuant to the appropriate provisions of subsection (e)
8of this Section.
9    (c) Reasonable notice of such application by the defendant
10shall be given to the State.
11    (d) Reasonable notice of such application by the State
12shall be given to the defendant, except as provided in
13subsection (e).
14    (e) Upon verified application by the State stating facts
15or circumstances constituting a violation or a threatened
16violation of any of the conditions of the bail bond the court
17may issue a warrant commanding any peace officer to bring the
18defendant without unnecessary delay before the court for a
19hearing on the matters set forth in the application. If the
20actual court before which the proceeding is pending is absent
21or otherwise unavailable another court may issue a warrant
22pursuant to this Section. When the defendant is charged with a
23felony offense and while free on bail is charged with a
24subsequent felony offense and is the subject of a proceeding
25set forth in Section 109-1 or 109-3 of this Code, upon the
26filing of a verified petition by the State alleging a

 

 

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1violation of Section 110-10 (a) (4) of this Code, the court
2shall without prior notice to the defendant, grant leave to
3file such application and shall order the transfer of the
4defendant and the application without unnecessary delay to the
5court before which the previous felony matter is pending for a
6hearing as provided in subsection (b) or this subsection of
7this Section. The defendant shall be held without bond pending
8transfer to and a hearing before such court. At the conclusion
9of the hearing based on a violation of the conditions of
10Section 110-10 of this Code or any special conditions of bail
11as ordered by the court the court may enter an order increasing
12the amount of bail or alter the conditions of bail as deemed
13appropriate.
14    (f) Where the alleged violation consists of the violation
15of one or more felony statutes of any jurisdiction which would
16be a forcible felony in Illinois or a Class 2 or greater
17offense under the Illinois Controlled Substances Act, the
18Cannabis Control Act, or the Methamphetamine Control and
19Community Protection Act and the defendant is on bail for the
20alleged commission of a felony, or where the defendant is on
21bail for a felony domestic battery (enhanced pursuant to
22subsection (b) of Section 12-3.2 of the Criminal Code of 1961
23or the Criminal Code of 2012), aggravated domestic battery,
24aggravated battery, unlawful restraint, aggravated unlawful
25restraint or domestic battery in violation of item (1) of
26subsection (a) of Section 12-3.2 of the Criminal Code of 1961

 

 

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1or the Criminal Code of 2012 against a family or household
2member as defined in Section 112A-3 of this Code and the
3violation is an offense of domestic battery against the same
4victim the court shall, on the motion of the State or its own
5motion, revoke bail in accordance with the following
6provisions:
7        (1) The court shall hold the defendant without bail
8    pending the hearing on the alleged breach; however, if the
9    defendant is not admitted to bail the hearing shall be
10    commenced within 10 days from the date the defendant is
11    taken into custody or the defendant may not be held any
12    longer without bail, unless delay is occasioned by the
13    defendant. Where defendant occasions the delay, the
14    running of the 10 day period is temporarily suspended and
15    resumes at the termination of the period of delay. Where
16    defendant occasions the delay with 5 or fewer days
17    remaining in the 10 day period, the court may grant a
18    period of up to 5 additional days to the State for good
19    cause shown. The State, however, shall retain the right to
20    proceed to hearing on the alleged violation at any time,
21    upon reasonable notice to the defendant and the court.
22        (2) At a hearing on the alleged violation the State
23    has the burden of going forward and proving the violation
24    by clear and convincing evidence. The evidence shall be
25    presented in open court with the opportunity to testify,
26    to present witnesses in his behalf, and to cross-examine

 

 

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

 

 

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1    Criminal Code of 2012), aggravated domestic battery,
2    aggravated battery, unlawful restraint, aggravated
3    unlawful restraint or domestic battery in violation of
4    item (1) of subsection (a) of Section 12-3.2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 against
6    a family or household member as defined in Section 112A-3
7    of this Code and the violation is an offense of domestic
8    battery, against the same victim, the court shall revoke
9    the bail of the defendant and hold the defendant for trial
10    without bail. Neither the finding of the court nor any
11    transcript or other record of the hearing shall be
12    admissible in the State's case in chief, but shall be
13    admissible for impeachment, or as provided in Section
14    115-10.1 of this Code or in a perjury proceeding.
15        (4) If the bail of any defendant is revoked pursuant
16    to paragraph (f) (3) of this Section, the defendant may
17    demand and shall be entitled to be brought to trial on the
18    offense with respect to which he was formerly released on
19    bail within 90 days after the date on which his bail was
20    revoked. If the defendant is not brought to trial within
21    the 90 day period required by the preceding sentence, he
22    shall not be held longer without bail. In computing the 90
23    day period, the court shall omit any period of delay
24    resulting from a continuance granted at the request of the
25    defendant.
26        (5) If the defendant either is arrested on a warrant

 

 

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1    issued pursuant to this Code or is arrested for an
2    unrelated offense and it is subsequently discovered that
3    the defendant is a subject of another warrant or warrants
4    issued pursuant to this Code, the defendant shall be
5    transferred promptly to the court which issued such
6    warrant. If, however, the defendant appears initially
7    before a court other than the court which issued such
8    warrant, the non-issuing court shall not alter the amount
9    of bail set on such warrant unless the court sets forth on
10    the record of proceedings the conclusions of law and facts
11    which are the basis for such altering of another court's
12    bond. The non-issuing court shall not alter another
13    court's bail set on a warrant unless the interests of
14    justice and public safety are served by such action.
15    (g) The State may appeal any order where the court has
16increased or reduced the amount of bail or altered the
17conditions of the bail bond or granted bail where it has
18previously been revoked.
19(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
20101-652.)
 
21    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
22    Sec. 110-6.1. Denial of pretrial release bail for certain
23offenses.
24    (a) Upon verified petition by the State, the court shall
25hold a hearing and may deny to determine whether bail should be

 

 

HB4052- 69 -LRB103 01905 RLC 61044 b

1denied to a defendant pretrial release only if:
2        (1) the defendant who is charged with a forcible
3    felony offense for which a sentence of imprisonment,
4    without probation, periodic imprisonment or conditional
5    discharge, is required by law upon conviction, and when it
6    is alleged that the defendant's pretrial release poses a
7    specific, real and present threat to any person or the
8    community. admission to bail poses a real and present
9    threat to the physical safety of any person or persons ; .
10        (2) the defendant is charged with stalking or
11    aggravated stalking and it is alleged that the defendant's
12    pre-trial release poses a real and present threat to the
13    physical safety of a victim of the alleged offense, and
14    denial of release is necessary to prevent fulfillment of
15    the threat upon which the charge is based;
16        (3) the victim of abuse was a family or household
17    member as defined by paragraph (6) of Section 103 of the
18    Illinois Domestic Violence Act of 1986, and the person
19    charged, at the time of the alleged offense, was subject
20    to the terms of an order of protection issued under
21    Section 112A-14 of this Code, or Section 214 of the
22    Illinois Domestic Violence Act of 1986 or previously was
23    convicted of a violation of an order of protection under
24    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 or a violent crime if the victim was
26    a family or household member as defined by paragraph (6)

 

 

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1    of the Illinois Domestic Violence Act of 1986 at the time
2    of the offense or a violation of a substantially similar
3    municipal ordinance or law of this or any other state or
4    the United States if the victim was a family or household
5    member as defined by paragraph (6) of Section 103 of the
6    Illinois Domestic Violence Act of 1986 at the time of the
7    offense, and it is alleged that the defendant's pre-trial
8    release poses a real and present threat to the physical
9    safety of any person or persons;
10        (4) the defendant is charged with domestic battery or
11    aggravated domestic battery under Section 12-3.2 or 12-3.3
12    of the Criminal Code of 2012 and it is alleged that the
13    defendant's pretrial release poses a real and present
14    threat to the physical safety of any person or persons;
15        (5) the defendant is charged with any offense under
16    Article 11 of the Criminal Code of 2012, except for
17    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
18    Code of 2012, or similar provisions of the Criminal Code
19    of 1961 and it is alleged that the defendant's pretrial
20    release poses a real and present threat to the physical
21    safety of any person or persons;
22        (6) the defendant is charged with any of these
23    violations under the Criminal Code of 2012 and it is
24    alleged that the defendant's pretrial releases poses a
25    real and present threat to the physical safety of any
26    specifically identifiable person or persons.

 

 

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1            (A) Section 24-1.2 (aggravated discharge of a
2        firearm);
3            (B) Section 24-2.5 (aggravated discharge of a
4        machine gun or a firearm equipped with a device
5        designed or use for silencing the report of a
6        firearm);
7            (C) Section 24-1.5 (reckless discharge of a
8        firearm);
9            (D) Section 24-1.7 (armed habitual criminal);
10            (E) Section 24-2.2 2 (manufacture, sale or
11        transfer of bullets or shells represented to be armor
12        piercing bullets, dragon's breath shotgun shells, bolo
13        shells or flechette shells);
14            (F) Section 24-3 (unlawful sale or delivery of
15        firearms);
16            (G) Section 24-3.3 (unlawful sale or delivery of
17        firearms on the premises of any school);
18            (H) Section 24-34 (unlawful sale of firearms by
19        liquor license);
20            (I) Section 24-3.5 {unlawful purchase of a
21        firearm);
22            (J) Section 24-3A (gunrunning); or
23            (K) Section on 24-3B (firearms trafficking );
24            (L) Section 10-9 (b) (involuntary servitude);
25            (M) Section 10-9 (c) (involuntary sexual servitude
26        of a minor);

 

 

HB4052- 72 -LRB103 01905 RLC 61044 b

1            (N) Section 10-9(d) (trafficking in persons);
2            (O) Non-probationable violations: (i) (unlawful
3        use or possession of weapons by felons or persons in
4        the Custody of the Department of Corrections
5        facilities (Section 24-1.1), (ii) aggravated unlawful
6        use of a weapon (Section 24-1.6, or (iii) aggravated
7        possession of a stolen firearm (Section 24-3.9);
8        (7) the person has a high likelihood of willful flight
9    to avoid prosecution and is charged with:
10            (A) Any felony described in Sections (a)(1)
11        through (a)(5) of this Section; or
12            (B) A felony offense other than a Class 4 offense.
13    (b) If the charged offense is a felony, the Court shall
14        hold a hearing pursuant to 109-3 of this Code to
15        determine whether there is probable cause the
16        defendant has committed an offense, unless a grand
17        jury has returned a true bill of indictment against
18        the defendant. If there is a finding of no probable
19        cause, the defendant shall be released. No such
20        finding is necessary if the defendant is charged with
21        a misdemeanor.
22    (c) Timing of petition.
23        (1) A petition may be filed without prior notice to
24    the defendant at the first appearance before a judge, or
25    within the 21 calendar days, except as provided in Section
26    110-6, after arrest and release of the defendant upon

 

 

HB4052- 73 -LRB103 01905 RLC 61044 b

1    reasonable notice to defendant; provided that while such
2    petition is pending before the court, the defendant if
3    previously released shall not be detained.
4        (2) (2) Upon filing, the court shall immediately hold
5    a hearing on the petition unless a continuance is
6    requested. If a continuance is requested, the hearing
7    shall be held within 48 hours of the defendant's first
8    appearance if the defendant is charged with a Class X,
9    Class 1, Class 2, or Class 3 felony, and within 24 hours if
10    the defendant is charged with a Class 4 or misdemeanor
11    offense. The Court may deny and or grant the request for
12    continuance. If the court decides to grant the
13    continuance, the Court retains the discretion to detain or
14    release the defendant in the time between the filing of
15    the petition and the hearing.
16    (d) Contents of petition.
17        (1) The petition shall be verified by the State and
18    shall state the grounds upon which it contends the
19    defendant should be denied pretrial release, including the
20    identity of the specific person or persons the State
21    believes the defendant poses a danger to.
22        (2) Only one petition may be filed under this Section.
23    (e) Eligibility: All defendants shall be presumed eligible
24for pretrial release, and the State shall bear the burden of
25proving by clear and convincing evidence that: The hearing
26shall be held immediately upon the defendant's appearance

 

 

HB4052- 74 -LRB103 01905 RLC 61044 b

1before the court, unless for good cause shown the defendant or
2the State seeks a continuance. A continuance on motion of the
3defendant may not exceed 5 calendar days, and a continuance on
4the motion of the State may not exceed 3 calendar days. The
5defendant may be held in custody during such continuance.
6    (b) The court may deny bail to the defendant where, after
7the hearing, it is determined that:
8        (1) the proof is evident or the presumption great that
9    the defendant has committed an offense listed in
10    paragraphs (1) through (6) of subsection (a) for which a
11    sentence of imprisonment, without probation, periodic
12    imprisonment or conditional discharge, must be imposed by
13    law as a consequence of conviction, and
14        (2) the defendant poses a real and present threat to
15    the physical safety of a specific, identifiable any person
16    or persons, by conduct which may include, but is not
17    limited to, a forcible felony, the obstruction of justice,
18    intimidation, injury, or abuse as defined by paragraph (1)
19    of Section 103 of the Illinois Domestic Violence Act of
20    1986 physical harm, an offense under the Illinois
21    Controlled Substances Act which is a Class X felony, or an
22    offense under the Methamphetamine Control and Community
23    Protection Act which is a Class X felony, and
24        (3) the court finds that no condition or combination
25    of conditions set forth in subsection (b) of Section
26    110-10 of this Article can mitigate the real and present

 

 

HB4052- 75 -LRB103 01905 RLC 61044 b

1    threat to the safety of any , can reasonably assure the
2    physical safety of any other person or persons or the
3    defendant's willful flight.
4    (b-5) The court shall deny bail only to a defendant
5charged with a Class X felony, a Class 1 felony, or a crime of
6violence as defined in Section 2 of the Crime Victims
7Compensation Act.
8    (b-6) The court may order the pretrial detention of a
9defendant only upon clear and convincing evidence as shown
10through relevant facts and circumstances that:
11        (1) the person poses an unmanageable level of risk to
12    commit or attempt to commit an offense, while on pretrial
13    release against a reasonably identifiable person or groups
14    of persons; and
15        (2) that no condition or combination of conditions
16    will reasonably assure public safety or manage the
17    person's unmanageable level of risk.
18    (f) (c) Conduct of the hearings.
19        (1) Prior to the hearing the State shall tender to the
20    defendant copies of defendant's criminal history
21    available, any written or recorded statements, and the
22    substance of any oral statements made by any person, if
23    relied upon by the State in its petition, and any police
24    reports in the State's Attorney's possession at the time
25    of the hearing that are required to be disclosed to the
26    defense under Illinois Supreme Court rules. The hearing on

 

 

HB4052- 76 -LRB103 01905 RLC 61044 b

1    the defendant's culpability and dangerousness shall be
2    conducted in accordance with the following provisions:
3        (2) The State or defendant may present evidence at the
4    hearing (A) Information used by the court in its findings
5    or stated in or offered at such hearing may be by way of
6    proffer based upon reliable information offered by the
7    State or by defendant.
8        (3) The defendant Defendant has the right to be
9    represented by counsel, and if he or she is indigent, to
10    have counsel appointed for him or her. The defendant .
11    Defendant shall have the opportunity to testify, to
12    present witnesses on in his or her own behalf, and to
13    cross-examine any witnesses that if any are called by the
14    State.
15        (4) If the defense seeks to call the complaining
16    witness as a witness in its favor, it shall petition the
17    court for permission. When the ends of justice so require,
18    the court may exercise its discretion and compel the
19    appearance of a complaining witness. The court shall state
20    on the record reasons for granting a defense request to
21    compel the presence of a complaining witness. In making a
22    determination under this section, the court shall state on
23    the record the reason for granting a defense request to
24    compel the presence of a complaining witness, and only
25    grant the request if the court finds by clear and
26    convincing evidence that the defendant will be materially

 

 

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1    prejudiced if the complaining witness does not appear.
2    Cross-examination of a complaining witness at the pretrial
3    detention hearing for the purpose of impeaching the
4    witness' credibility is insufficient reason to compel the
5    presence of the witness. In deciding whether to compel the
6    appearance of a complaining witness, the court shall be
7    considerate of the emotional and physical well-being of
8    the witness. The pre-trial detention hearing is not to be
9    used for purposes of discovery, and the post arraignment
10    rules of discovery do not apply. The State shall tender to
11    the defendant, prior to the hearing, copies of defendant's
12    criminal history, if any, if available, and any written or
13    recorded statements and the substance of any oral
14    statements made by any person, if relied upon by the State
15    in its petition.
16        (5) The rules concerning the admissibility of evidence
17    in criminal trials do not apply to the presentation and
18    consideration of information at the hearing. At the trial
19    concerning the offense for which the hearing was conducted
20    neither the finding of the court nor any transcript or
21    other record of the hearing shall be admissible in the
22    State's case in chief, but shall be admissible for
23    impeachment, or as provided in Section 115-10.1 of this
24    Code, or in a perjury proceeding.
25        (6) The (B) A motion by the defendant may not move to
26    suppress evidence or to suppress a confession, however,

 

 

HB4052- 78 -LRB103 01905 RLC 61044 b

1    evidence shall not be entertained. Evidence that proof of
2    the charged crime may have been obtained as the result of
3    an unlawful search or and seizure, or both, or through
4    improper interrogation, is not relevant in assessing the
5    weight of the evidence against the defendant to this state
6    of the prosecution.
7        (7) Decisions regarding release, conditions of release
8    and detention prior trial should be individualized, and no
9    single factor or standard should be used exclusively to
10    make a condition or detention decision.
11        (2) The facts relied upon by the court to support a
12    finding that the defendant poses a real and present threat
13    to the physical safety of any person or persons shall be
14    supported by clear and convincing evidence presented by
15    the State.
16    (g) (d) Factors to be considered in making a determination
17of dangerousness. The court may, in determining whether the
18defendant poses a specific, imminent real and present threat
19of serious to the physical harm to an identifiable safety of
20any person or persons, consider but shall not be limited to
21evidence or testimony concerning:
22        (1) The nature and circumstances of any offense
23    charged, including whether the offense is a crime of
24    violence, involving a weapon, or a sex offense.
25        (2) The history and characteristics of the defendant
26    including:

 

 

HB4052- 79 -LRB103 01905 RLC 61044 b

1            (A) Any evidence of the defendant's prior criminal
2        history indicative of violent, abusive or assaultive
3        behavior, or lack of such behavior. Such evidence may
4        include testimony or documents received in juvenile
5        proceedings, criminal, quasi-criminal, civil
6        commitment, domestic relations or other proceedings.
7            (B) Any evidence of the defendant's psychological,
8        psychiatric or other similar social history which
9        tends to indicate a violent, abusive, or assaultive
10        nature, or lack of any such history.
11        (3) The identity of any person or persons to whose
12    safety the defendant is believed to pose a threat, and the
13    nature of the threat;
14        (4) Any statements made by, or attributed to the
15    defendant, together with the circumstances surrounding
16    them;
17        (5) The age and physical condition of any person
18    assaulted by the defendant;
19        (6) The age and physical condition of any victim or
20    complaining witness;
21        (7) Whether the defendant is known to possess or have
22    access to any weapon or weapons;
23        (8) (7) Whether, at the time of the current offense or
24    any other offense or arrest, the defendant was on
25    probation, parole, aftercare release, mandatory supervised
26    release or other release from custody pending trial,

 

 

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1    sentencing, appeal or completion of sentence for an
2    offense under federal or state law;
3        (9) (8) Any other factors, including those listed in
4    Section 110-5 of this Article deemed by the court to have a
5    reasonable bearing upon the defendant's propensity or
6    reputation for violent, abusive or assaultive behavior, or
7    lack of such behavior.
8    (h) (e) Detention order. The court shall, in any order for
9detention:
10        (1) briefly summarize the evidence of the defendant's
11    guilt or innocence, culpability and the court's its
12    reasons for concluding that the defendant should be denied
13    pretrial release held without bail;
14        (2) direct that the defendant be committed to the
15    custody of the sheriff for confinement in the county jail
16    pending trial;
17        (3) direct that the defendant be given a reasonable
18    opportunity for private consultation with counsel, and for
19    communication with others of his or her choice by
20    visitation, mail and telephone; and
21        (4) direct that the sheriff deliver the defendant as
22    required for appearances in connection with court
23    proceedings.
24    (i) Detention. (f) If the court enters an order for the
25detention of the defendant pursuant to subsection (e) of this
26Section, the defendant shall be brought to trial on the

 

 

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1offense for which he is detained within 90 days after the date
2on which the order for detention was entered. If the defendant
3is not brought to trial within the 90 day period required by
4the preceding sentence, he shall not be denied pretrial
5release held longer without bail. In computing the 90 day
6period, the court shall omit any period of delay resulting
7from a continuance granted at the request of the defendant.
8    (j) (g) Rights of the defendant. Any person shall be
9entitled to appeal any order entered under this Section
10denying pretrial release bail to the defendant.
11    (k) Appeal. (h) The State may appeal any order entered
12under this Section denying any motion for denial of pretrial
13release bail.
14    (l) Presumption of innocence. (i) Nothing in this Section
15shall be construed as modifying or limiting in any way the
16defendant's presumption of innocence in further criminal
17proceedings.
18    (j) (m) Victim notice.
19        (1) Crime Victims shall be given notice by the State's
20    Attorney's office of this hearing as required in paragraph
21    (1) of subsection (b) of Section 4.5 of the Rights of Crime
22    Victims and Witnesses Act and shall be informed of their
23    opportunity at this hearing to obtain an order of
24    protection under Article 112A of this Code.
25(Source: P.A. 98-558, eff. 1-1-14; 101-652.)
 

 

 

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1    (725 ILCS 5/110-6.2)  (from Ch. 38, par. 110-6.2)
2    Sec. 110-6.2. Post-conviction Detention.
3    (a) The court may order that a person who has been found
4guilty of an offense and who is waiting imposition or
5execution of sentence be held without release bond unless the
6court finds by clear and convincing evidence that the person
7is not likely to flee or pose a danger to any other person or
8the community if released under Sections 110-5 and 110-10 of
9this Act.
10    (b) The court may order that person who has been found
11guilty of an offense and sentenced to a term of imprisonment be
12held without release bond unless the court finds by clear and
13convincing evidence that:
14        (1) the person is not likely to flee or pose a danger
15    to the safety of any other person or the community if
16    released on bond pending appeal; and
17        (2) that the appeal is not for purpose of delay and
18    raises a substantial question of law or fact likely to
19    result in reversal or an order for a new trial.
20(Source: P.A. 96-1200, eff. 7-22-10; 101-652.)
 
21    (725 ILCS 5/110-6.4)
22    Sec. 110-6.4. Statewide risk-assessment tool.
23    (a) In the interest of providing a state-specific tool to
24be utilized in bail hearings, the Administrative Office of the
25Illinois Courts shall develop a pretrial risk assessment

 

 

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1instrument based on research of the local defendant population
2utilizing a comprehensive and robust source of statewide data
3with the ability to differentiate as follows:
4        (1) Risk of failure to appear.
5        (2) Risk of willful failure to appear.
6        (3) Risk of new criminal offense.
7        (4) Risk of new violent criminal offense.
8        (5) Risk of new domestic violence criminal offense.
9    (b) In the interim of developing a statewide risk
10assessment instrument, counties may continue to utilize their
11current pretrial risk assessment instrument. Counties that are
12not currently using a risk assessment instrument shall adopt,
13in consultation with the Administrative Office of the Illinois
14Courts, one of the following validated pretrial risk
15assessment instruments when determining release and detention
16decisions:
17        (1) Revised Virginia Pretrial Risk Assessment.
18        (2) Public Safety Assessment (PSA).
19        (3) Ohio Pretrial Risk Assessment.
20    (c) The Administrative Office of the Illinois Courts shall
21develop a process to evaluate and improve the quality,
22completeness and availability of data needed and collected to
23develop and validate a statewide pretrial risk assessment
24instrument.
25    (d) The Administrative Office of the Illinois Courts shall
26adopt a mission and vision statement for pretrial supervision.

 

 

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1     The Supreme Court may establish a statewide
2risk-assessment tool to be used in proceedings to assist the
3court in establishing conditions of pretrial release for a
4defendant by assessing the defendant's likelihood of appearing
5at future court proceedings or determining if the defendant
6poses a real and present threat to the physical safety of any
7person or persons. The Supreme Court shall consider
8establishing a risk-assessment tool that does not discriminate
9on the basis of race, gender, educational level,
10socio-economic status, or neighborhood. If a risk-assessment
11tool is utilized within a circuit that does not require a
12personal interview to be completed, the Chief Judge of the
13circuit or the director of the pretrial services agency may
14exempt the requirement under Section 9 and subsection (a) of
15Section 7 of the Pretrial Services Act.
16    (e) For the purpose of this Section, "risk-assessment
17tool" means an empirically validated, evidence-based screening
18instrument that demonstrates reduced instances of a
19defendant's failure to appear for further court proceedings or
20prevents future criminal activity.
21(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
22101-652.)
 
23    (725 ILCS 5/110-7.1 new)
24    Sec. 110-7.1. Deposit of bail security.
25    (a) The person for whom bail has been set shall execute the

 

 

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1bail bond and deposit with the clerk of the court before which
2the proceeding is pending a sum of money equal to 10% of the
3bail, but in no event shall such deposit be less than $25. The
4clerk of the court shall provide a space on each form for a
5person other than the accused who has provided the money for
6the posting of bail to so indicate and a space signed by an
7accused who has executed the bail bond indicating whether a
8person other than the accused has provided the money for the
9posting of bail. The form shall also include a written notice
10to such person who has provided the defendant with the money
11for the posting of bail indicating that the bail may be used to
12pay costs, attorney's fees, fines, or other purposes
13authorized by the court and if the defendant fails to comply
14with the conditions of the bail bond, the court shall enter an
15order declaring the bail to be forfeited. The written notice
16must be:
17        (1) distinguishable from the surrounding text;
18        (2) in bold type or underscored; and
19        (3) in a type size at least 2 points larger than the
20    surrounding type.
21    When a person for whom bail has been set is charged with an
22offense under the Illinois Controlled Substances Act or the
23Methamphetamine Control and Community Protection Act which is
24a Class X felony, or making a terrorist threat in violation of
25Section 29D-20 of the Criminal Code of 1961 or the Criminal
26Code of 2012 or an attempt to commit the offense of making a

 

 

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1terrorist threat, the court may require the defendant to
2deposit a sum equal to 100% of the bail. Where any person is
3charged with a forcible felony while free on bail and is the
4subject of proceedings under Section 109-3 of this Code the
5judge conducting the preliminary examination may also conduct
6a hearing upon the application of the State pursuant to the
7provisions of Section 110-6 of this Code to increase or revoke
8the bail for that person's prior alleged offense.
9    (b) Upon depositing this sum and any bond fee authorized
10by law, the person shall be released from custody subject to
11the conditions of the bail bond.
12    (c) Once bail has been given and a charge is pending or is
13thereafter filed in or transferred to a court of competent
14jurisdiction the latter court shall continue the original bail
15in that court subject to the provisions of Section 110-6 of
16this Code.
17    (d) After conviction the court may order that the original
18bail stand as bail pending appeal or deny, increase or reduce
19bail subject to the provisions of Section 110-6.2.
20    (e) After the entry of an order by the trial court allowing
21or denying bail pending appeal either party may apply to the
22reviewing court having jurisdiction or to a justice thereof
23sitting in vacation for an order increasing or decreasing the
24amount of bail or allowing or denying bail pending appeal
25subject to the provisions of Section 110-6.2.
26    (f)(1) This paragraph (1) applies in cases other than the

 

 

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1acquittal of the defendant. When the conditions of the bail
2bond have been performed and the accused has been discharged
3from all obligations in the cause the clerk of the court shall
4return to the accused or to the defendant's designee by an
5assignment executed at the time the bail amount is deposited,
6unless the court orders otherwise, 90% of the sum which had
7been deposited and shall retain as bail bond costs 10% of the
8amount deposited. Bail bond deposited by or on behalf of a
9defendant in one case may be used, in the court's discretion,
10to satisfy financial obligations of that same defendant
11incurred in a different case due to a fine, court costs,
12restitution or fees of the defendant's attorney of record. In
13counties with a population of 3,000,000 or more, the court
14shall not order bail bond deposited by or on behalf of a
15defendant in one case to be used to satisfy financial
16obligations of that same defendant in a different case until
17the bail bond is first used to satisfy court costs and
18attorney's fees in the case in which the bail bond has been
19deposited and any other unpaid child support obligations are
20satisfied. In counties with a population of less than
213,000,000, the court shall not order bail bond deposited by or
22on behalf of a defendant in one case to be used to satisfy
23financial obligations of that same defendant in a different
24case until the bail bond is first used to satisfy court costs
25in the case in which the bail bond has been deposited. At the
26request of the defendant the court may order such 90% of

 

 

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1defendant's bail deposit, or whatever amount is repayable to
2defendant from such deposit, to be paid to defendant's
3attorney of record.
4     (2) This paragraph (2) applies in cases of the acquittal
5of the defendant. If the defendant is acquitted, the court
6shall order 100% of the defendant's bail deposit returned to
720the defendant or to the defendant's designee by an
8assignment executed at the time the bail amount is deposited.
9    (g) If the accused does not comply with the conditions of
10the bail bond the court having jurisdiction shall enter an
11order declaring the bail to be forfeited. Notice of such order
12of forfeiture shall be mailed forthwith to the accused at his
13last known address. If the accused does not appear and
14surrender to the court having jurisdiction within 30 days from
15the date of the forfeiture or within such period satisfy the
16court that appearance and surrender by the accused is
17impossible and without his fault the court shall enter
18judgment for the State if the charge for which the bond was
19given was a felony or misdemeanor, or if the charge was
20quasi-criminal or traffic, judgment for the political
21subdivision of the State which prosecuted the case, against
22the accused for the amount of the bail and costs of the court
23proceedings; however, in counties with a population of less
24than 3,000,000, instead of the court entering a judgment for
25the full amount of the bond the court may, in its discretion,
26enter judgment for the cash deposit on the bond, less costs,

 

 

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1retain the deposit for further disposition or, if a cash bond
2was posted for failure to appear in a matter involving
3enforcement of child support or maintenance, the amount of the
4cash deposit on the bond, less outstanding costs, may be
5awarded to the person or entity to whom the child support or
6maintenance is due. The deposit made in accordance with
7paragraph (a) shall be applied to the payment of costs. If
8judgment is entered and any amount of such deposit remains
9after the payment of costs it shall be applied to payment of
10the judgment and transferred to the treasury of the municipal
11corporation wherein the bond was taken if the offense was a
12violation of any penal ordinance of a political subdivision of
13this State, or to the treasury of the county wherein the bond
14was taken if the offense was a violation of any penal statute
15of this State. The balance of the judgment may be enforced and
16collected in the same manner as a judgment entered in a civil
17action.
18    (h) After a judgment for a fine and court costs or either
19is entered in the prosecution of a cause in which a deposit had
20been made in accordance with paragraph (a) the balance of such
21deposit, after deduction of bail bond costs, shall be applied
22to the payment of the judgment.
23    (i) When a court appearance is required for an alleged
24violation of the Criminal Code of 1961, the Criminal Code of
252012, the Illinois Vehicle Code, the Wildlife Code, the Fish
26and Aquatic Life Code, the Child Passenger Protection Act, or

 

 

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1a comparable offense of a unit of local government as
2specified in Supreme Court Rule 551, and if the accused does
3not appear in court on the date set for appearance or any date
4to which the case may be continued and the court issues an
5arrest warrant for the accused, based upon his or her failure
6to appear when having so previously been ordered to appear by
7the court, the accused upon his or her admission to bail shall
8be assessed by the court a fee of $75. Payment of the fee shall
9be a condition of release unless otherwise ordered by the
10court. The fee shall be in addition to any bail that the
11accused is required to deposit for the offense for which the
12accused has been charged and may not be used for the payment of
13court costs or fines assessed for the offense. The clerk of the
14court shall remit $70 of the fee assessed to the arresting
15agency who brings the offender in on the arrest warrant. If the
16Illinois State Police is the arresting agency, $70 of the fee
17assessed shall be remitted by the clerk of the court to the
18State Treasurer within one month after receipt for deposit
19into the State Police Operations Assistance Fund. The clerk of
20the court shall remit $5 of the fee assessed to the Circuit
21Court Clerk Operation and Administrative Fund as provided in
22Section 27.3d of the Clerks of Courts Act.
 
23    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
24    Sec. 110-10. Conditions of pretrial release bail bond.
25    (a) Conditions of the bail bond shall be based on the least

 

 

HB4052- 91 -LRB103 01905 RLC 61044 b

1restrictive means and focus only on requirements directly
2related to reasonably assuring community safety and a
3defendant's appearance as required in court. If a person is
4released prior to conviction, either upon payment of bail
5security or on his or her own recognizance, the conditions of
6pretrial release the bail bond shall be that he or she will:
7        (1) Appear to answer the charge in the court having
8    jurisdiction on a day certain and thereafter as ordered by
9    the court until discharged or final order of the court;
10        (2) Submit himself or herself to the orders and
11    process of the court;
12        (3) (Blank); Not depart this State without leave of
13    the court;
14        (4) Not violate any criminal statute of any
15    jurisdiction;
16        (5) At a time and place designated by the court,
17    surrender all firearms in his or her possession to a law
18    enforcement officer designated by the court to take
19    custody of and impound the firearms and physically
20    surrender his or her Firearm Owner's Identification Card
21    to the clerk of the circuit court when the offense the
22    person has been charged with is a forcible felony,
23    stalking, aggravated stalking, domestic battery, any
24    violation of the Illinois Controlled Substances Act, the
25    Methamphetamine Control and Community Protection Act, or
26    the Cannabis Control Act that is classified as a Class 2 or

 

 

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1    greater felony, or any felony violation of Article 24 of
2    the Criminal Code of 1961 or the Criminal Code of 2012; the
3    court may, however, forgo the imposition of this condition
4    when the circumstances of the case clearly do not warrant
5    it or when its imposition would be impractical; if the
6    Firearm Owner's Identification Card is confiscated, the
7    clerk of the circuit court shall mail the confiscated card
8    to the Illinois State Police; all legally possessed
9    firearms shall be returned to the person upon the charges
10    being dismissed, or if the person is found not guilty,
11    unless the finding of not guilty is by reason of insanity;
12    and
13        (6) At a time and place designated by the court,
14    submit to a psychological evaluation when the person has
15    been charged with a violation of item (4) of subsection
16    (a) of Section 24-1 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 and that violation occurred in a
18    school or in any conveyance owned, leased, or contracted
19    by a school to transport students to or from school or a
20    school-related activity, or on any public way within 1,000
21    feet of real property comprising any school.
22    Psychological evaluations ordered pursuant to this Section
23shall be completed promptly and made available to the State,
24the defendant, and the court. As a further condition of
25pretrial release bail under these circumstances, the court
26shall order the defendant to refrain from entering upon the

 

 

HB4052- 93 -LRB103 01905 RLC 61044 b

1property of the school, including any conveyance owned,
2leased, or contracted by a school to transport students to or
3from school or a school-related activity, or on any public way
4within 1,000 feet of real property comprising any school. Upon
5receipt of the psychological evaluation, either the State or
6the defendant may request a change in the conditions of
7pretrial release bail, pursuant to Section 110-6 of this Code.
8The court may change the conditions of pretrial release bail
9to include a requirement that the defendant follow the
10recommendations of the psychological evaluation, including
11undergoing psychiatric treatment. The conclusions of the
12psychological evaluation and any statements elicited from the
13defendant during its administration are not admissible as
14evidence of guilt during the course of any trial on the charged
15offense, unless the defendant places his or her mental
16competency in issue.
17    (b) The court may impose other conditions, such as the
18following, if the court finds that such conditions are
19reasonably necessary to assure the defendant's appearance in
20court, protect the public from the defendant, or prevent the
21defendant's unlawful interference with the orderly
22administration of justice:
23        (0.05) Not depart this State without leave of the
24    court;
25        (1) Report to or appear in person before such person
26    or agency as the court may direct;

 

 

HB4052- 94 -LRB103 01905 RLC 61044 b

1        (2) Refrain from possessing a firearm or other
2    dangerous weapon;
3        (3) Refrain from approaching or communicating with
4    particular persons or classes of persons;
5        (4) Refrain from going to certain described
6    geographical areas or premises;
7        (5) Refrain from engaging in certain activities or
8    indulging in intoxicating liquors or in certain drugs;
9        (6) Undergo treatment for drug addiction or
10    alcoholism;
11        (7) Undergo medical or psychiatric treatment;
12        (8) Work or pursue a course of study or vocational
13    training;
14        (9) Attend or reside in a facility designated by the
15    court;
16        (10) Support his or her dependents;
17        (11) If a minor resides with his or her parents or in a
18    foster home, attend school, attend a non-residential
19    program for youths, and contribute to his or her own
20    support at home or in a foster home;
21        (12) Observe any curfew ordered by the court;
22        (13) Remain in the custody of such designated person
23    or organization agreeing to supervise his release. Such
24    third party custodian shall be responsible for notifying
25    the court if the defendant fails to observe the conditions
26    of release which the custodian has agreed to monitor, and

 

 

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1    shall be subject to contempt of court for failure so to
2    notify the court;
3        (14) Be placed under direct supervision of the
4    Pretrial Services Agency, Probation Department or Court
5    Services Department in a pretrial bond home supervision
6    capacity with or without the use of an approved electronic
7    monitoring device subject to Article 8A of Chapter V of
8    the Unified Code of Corrections;
9        (14.1) The court may shall impose upon a defendant who
10    is charged with any alcohol, cannabis, methamphetamine, or
11    controlled substance violation and is placed under direct
12    supervision of the Pretrial Services Agency, Probation
13    Department or Court Services Department in a pretrial bond
14    home supervision capacity with the use of an approved
15    monitoring device, as a condition of such pretrial
16    monitoring bail bond, a fee that represents costs
17    incidental to the electronic monitoring for each day of
18    such pretrial bail supervision ordered by the court,
19    unless after determining the inability of the defendant to
20    pay the fee, the court assesses a lesser fee or no fee as
21    the case may be. The fee shall be collected by the clerk of
22    the circuit court, except as provided in an administrative
23    order of the Chief Judge of the circuit court. The clerk of
24    the circuit court shall pay all monies collected from this
25    fee to the county treasurer for deposit in the substance
26    abuse services fund under Section 5-1086.1 of the Counties

 

 

HB4052- 96 -LRB103 01905 RLC 61044 b

1    Code, except as provided in an administrative order of the
2    Chief Judge of the circuit court.
3        The Chief Judge of the circuit court of the county may
4    by administrative order establish a program for electronic
5    monitoring of offenders with regard to drug-related and
6    alcohol-related offenses, in which a vendor supplies and
7    monitors the operation of the electronic monitoring
8    device, and collects the fees on behalf of the county. The
9    program shall include provisions for indigent offenders
10    and the collection of unpaid fees. The program shall not
11    unduly burden the offender and shall be subject to review
12    by the Chief Judge.
13        The Chief Judge of the circuit court may suspend any
14    additional charges or fees for late payment, interest, or
15    damage to any device;
16        (14.2) The court may shall impose upon all defendants,
17    including those defendants subject to paragraph (14.1)
18    above, placed under direct supervision of the Pretrial
19    Services Agency, Probation Department or Court Services
20    Department in a pretrial bond home supervision capacity
21    with the use of an approved monitoring device, as a
22    condition of such release bail bond, a fee which shall
23    represent costs incidental to such electronic monitoring
24    for each day of such bail supervision ordered by the
25    court, unless after determining the inability of the
26    defendant to pay the fee, the court assesses a lesser fee

 

 

HB4052- 97 -LRB103 01905 RLC 61044 b

1    or no fee as the case may be. The fee shall be collected by
2    the clerk of the circuit court, except as provided in an
3    administrative order of the Chief Judge of the circuit
4    court. The clerk of the circuit court shall pay all monies
5    collected from this fee to the county treasurer who shall
6    use the monies collected to defray the costs of
7    corrections. The county treasurer shall deposit the fee
8    collected in the county working cash fund under Section
9    6-27001 or Section 6-29002 of the Counties Code, as the
10    case may be, except as provided in an administrative order
11    of the Chief Judge of the circuit court.
12        The Chief Judge of the circuit court of the county may
13    by administrative order establish a program for electronic
14    monitoring of offenders with regard to drug-related and
15    alcohol-related offenses, in which a vendor supplies and
16    monitors the operation of the electronic monitoring
17    device, and collects the fees on behalf of the county. The
18    program shall include provisions for indigent offenders
19    and the collection of unpaid fees. The program shall not
20    unduly burden the offender and shall be subject to review
21    by the Chief Judge.
22        The Chief Judge of the circuit court may suspend any
23    additional charges or fees for late payment, interest, or
24    damage to any device;
25        (14.3) The Chief Judge of the Judicial Circuit may
26    establish reasonable fees to be paid by a person receiving

 

 

HB4052- 98 -LRB103 01905 RLC 61044 b

1    pretrial services while under supervision of a pretrial
2    services agency, probation department, or court services
3    department. Reasonable fees may be charged for pretrial
4    services including, but not limited to, pretrial
5    supervision, diversion programs, electronic monitoring,
6    victim impact services, drug and alcohol testing, DNA
7    testing, GPS electronic monitoring, assessments and
8    evaluations related to domestic violence and other
9    victims, and victim mediation services. The person
10    receiving pretrial services may be ordered to pay all
11    costs incidental to pretrial services in accordance with
12    his or her ability to pay those costs;
13        (14.4) For persons charged with violating Section
14    11-501 of the Illinois Vehicle Code, refrain from
15    operating a motor vehicle not equipped with an ignition
16    interlock device, as defined in Section 1-129.1 of the
17    Illinois Vehicle Code, pursuant to the rules promulgated
18    by the Secretary of State for the installation of ignition
19    interlock devices. Under this condition the court may
20    allow a defendant who is not self-employed to operate a
21    vehicle owned by the defendant's employer that is not
22    equipped with an ignition interlock device in the course
23    and scope of the defendant's employment;
24        (15) Comply with the terms and conditions of an order
25    of protection issued by the court under the Illinois
26    Domestic Violence Act of 1986 or an order of protection

 

 

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1    issued by the court of another state, tribe, or United
2    States territory;
3        (16) (Blank); and
4        (17) Such other reasonable conditions as the court may
5    impose.
6    (b-5) Conditions of bail bond shall not mandate
7rehabilitative services, such as substance abuse, mental
8health, or partner abuse intervention programs, unless the
9court finds them to be a risk factor directly related to
10further criminal behavior and failure to appear at court
11hearings. The inability to pay for such court-ordered services
12shall not affect the defendant's release on bail bond. The
13conditions of the bail bond shall not include punitive
14measures of community service or restitution.
15    (b-6) If a defendant is released on bail or his or her own
16recognizance, pretrial services agencies shall meet with the
17defendant to review the court-ordered conditions, establish
18expectations during pretrial supervision, answer questions,
19and review future court appointments. Pretrial services
20agencies shall monitor and maintain records of defendants'
21compliance with conditions of release.
22    (b-7) Office visits to pretrial services agencies shall be
23purposeful and used only to promote pretrial success. Office
24visits shall not interfere with defendant protective factors,
25such as work and school.
26    (b-8) Court ordered conditions of release shall be

 

 

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1individualized in accordance with the defendant's identified
2level of risk to reasonably assure public safety and guard
3against non-court appearance during the pretrial phase of the
4case.
5    (b-9) Conditions of bail bond requiring the defendant to
6be placed on electronic home monitoring or to undergo drug
7counseling are appropriate when used in accordance with
8national best practices as detailed in the Pretrial
9Supervision Standards of the Illinois Supreme Court.
10    (c) When a person is charged with an offense under Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, involving a victim who is a minor under
1418 years of age living in the same household with the defendant
15at the time of the offense, in granting bail or releasing the
16defendant on his own recognizance, the judge shall impose
17conditions to restrict the defendant's access to the victim
18which may include, but are not limited to conditions that he
19will:
20        1. Vacate the household.
21        2. Make payment of temporary support to his
22    dependents.
23        3. Refrain from contact or communication with the
24    child victim, except as ordered by the court.
25    (d) When a person is charged with a criminal offense and
26the victim is a family or household member as defined in

 

 

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1Article 112A, conditions shall be imposed at the time of the
2defendant's release on bond that restrict the defendant's
3access to the victim. Unless provided otherwise by the court,
4the restrictions shall include requirements that the defendant
5do the following:
6        (1) refrain from contact or communication with the
7    victim for a minimum period of 72 hours following the
8    defendant's release; and
9        (2) refrain from entering or remaining at the victim's
10    residence for a minimum period of 72 hours following the
11    defendant's release; and
12        (3) based upon risk as determined by the court, be
13    placed on electronic home monitoring as provided in
14    Section 5-8A-7 of the Unified Code of Corrections.
15    (e) Local law enforcement agencies shall develop
16standardized pretrial release bond forms for use in cases
17involving family or household members as defined in Article
18112A, including specific conditions of pretrial release bond
19as provided in subsection (d). Failure of any law enforcement
20department to develop or use those forms shall in no way limit
21the applicability and enforcement of subsections (d) and (f).
22    (f) If the defendant is released admitted to bail after
23conviction following appeal or other post-conviction
24proceeding, the conditions of the pretrial release bail bond
25shall be that he will, in addition to the conditions set forth
26in subsections (a) and (b) hereof:

 

 

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1        (1) Duly prosecute his appeal;
2        (2) Appear at such time and place as the court may
3    direct;
4        (3) Not depart this State without leave of the court;
5        (4) Comply with such other reasonable conditions as
6    the court may impose; and
7        (5) If the judgment is affirmed or the cause reversed
8    and remanded for a new trial, forthwith surrender to the
9    officer from whose custody he was released bailed.
10    (g) Upon a finding of guilty for any felony offense, the
11defendant shall physically surrender, at a time and place
12designated by the court, any and all firearms in his or her
13possession and his or her Firearm Owner's Identification Card
14as a condition of being released remaining on bond pending
15sentencing.
16    (h) In the event the defendant is denied pretrial release
17unable to post bond, the court may impose a no contact
18provision with the victim or other interested party that shall
19be enforced while the defendant remains in custody.
20    (i) If a defendant is on pretrial release, in order to
21detain the defendant in response to noncompliance with bail
22conditions, willful failures to appear or rearrests, the court
23must find probable cause that a defendant on pretrial release
24for any jailable offense has committed a new jailable offense
25or failed to appear for court to avoid prosecution. The Court
26must find by clear and convincing evidence as shown through

 

 

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1relevant facts and circumstances that the defendant poses
2either a high risk to commit or attempt to commit any new
3jailable offense against a person or persons or their property
4or to willfully fail to appear for court to avoid prosecution.
5The Court must find by clear and convincing evidence that no
6condition or combination of conditions will suffice to manage
7the defendant's high level of risk. The State must file a
8written petition for detention and provide notice to the
9defendant and the defendant's counsel. The petition shall
10identify the eligible charged offense or offenses and list all
11relevant facts and circumstances upon which the prosecution
12intends to rely in seeking detention. In considering the facts
13and circumstances to detain persons under this subsection, the
14court may rely substantially on the assessed risk from an
15actuarial pretrial risk assessment instrument. The court may
16not impose a condition of release that results in the pretrial
17detention of the defendant. However, the defendant's willful
18refusal to agree to lawful conditions of release may result in
19the detention of that defendant. The court shall issue a
20written order detailing the detention or restrictive
21conditions of release and the factors upon which the court
22relied to order the detention or restrictive conditions of
23release. If detention is ordered, the court must further
24detail the reasons why less restrictive conditions of release
25would be insufficient to protect the public or ensure that the
26defendant returns to court. No single offense or aggravating

 

 

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1factor should mandate a denial of bail.
2    (j) Each circuit, in consultation with the Administrative
3Office of the Illinois Courts, shall develop and approve a
4local process to promptly notify the court of facts concerning
5compliance or noncompliance that may warrant modification of
6release conditions and of any arrest of an individual released
7pending further court appearances.
8(Source: P.A. 101-138, eff. 1-1-20; 101-652.)
 
9    (725 ILCS 5/110-11)  (from Ch. 38, par. 110-11)
10    Sec. 110-11. Pretrial release Bail on a new trial. If the
11judgment of conviction is reversed and the cause remanded for
12a new trial the trial court may order that the conditions of
13pretrial release bail stand pending such trial, or modify the
14conditions of pretrial release reduce or increase bail.
15(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
16    (725 ILCS 5/110-12)  (from Ch. 38, par. 110-12)
17    Sec. 110-12. Notice of change of address.
18    A defendant who has been admitted to pretrial release bail
19shall file a written notice with the clerk of the court before
20which the proceeding is pending of any change in his or her
21address within 24 hours after such change, except that a
22defendant who has been admitted to pretrial release bail for a
23forcible felony as defined in Section 2-8 of the Criminal Code
24of 2012 shall file a written notice with the clerk of the court

 

 

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1before which the proceeding is pending and the clerk shall
2immediately deliver a time stamped copy of the written notice
3to the State's Attorney charged with the prosecution within 24
4hours prior to such change. The address of a defendant who has
5been admitted to pretrial release bail shall at all times
6remain a matter of public record with the clerk of the court.
7(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
8    (725 ILCS 5/111-2)  (from Ch. 38, par. 111-2)
9    Sec. 111-2. Commencement of prosecutions.
10    (a) All prosecutions of felonies shall be by information
11or by indictment. No prosecution may be pursued by information
12unless a preliminary hearing has been held or waived in
13accordance with Section 109-3 and at that hearing probable
14cause to believe the defendant committed an offense was found,
15and the provisions of Section 109-3.1 of this Code have been
16complied with.
17    (b) All other prosecutions may be by indictment,
18information or complaint.
19    (c) Upon the filing of an information or indictment in
20open court charging the defendant with the commission of a sex
21offense defined in any Section of Article 11 of the Criminal
22Code of 1961 or the Criminal Code of 2012, and a minor as
23defined in Section 1-3 of the Juvenile Court Act of 1987 is
24alleged to be the victim of the commission of the acts of the
25defendant in the commission of such offense, the court may

 

 

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1appoint a guardian ad litem for the minor as provided in
2Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
31987.
4    (d) Upon the filing of an information or indictment in
5open court, the court shall immediately issue a warrant for
6the arrest of each person charged with an offense directed to a
7peace officer or some other person specifically named
8commanding him to arrest such person.
9    (e) When the offense is eligible for pretrial release
10bailable, the judge shall endorse on the warrant the
11conditions of pretrial release amount of bail required by the
12order of the court, and if the court orders the process
13returnable forthwith, the warrant shall require that the
14accused be arrested and brought immediately into court.
15    (f) Where the prosecution of a felony is by information or
16complaint after preliminary hearing, or after a waiver of
17preliminary hearing in accordance with paragraph (a) of this
18Section, such prosecution may be for all offenses, arising
19from the same transaction or conduct of a defendant even
20though the complaint or complaints filed at the preliminary
21hearing charged only one or some of the offenses arising from
22that transaction or conduct.
23(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
24    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
25    Sec. 112A-23. Enforcement of protective orders.

 

 

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1    (a) When violation is crime. A violation of any protective
2order, whether issued in a civil, quasi-criminal proceeding,
3shall be enforced by a criminal court when:
4        (1) The respondent commits the crime of violation of a
5    domestic violence order of protection pursuant to Section
6    12-3.4 or 12-30 of the Criminal Code of 1961 or the
7    Criminal Code of 2012, by having knowingly violated:
8            (i) remedies described in paragraph paragraphs
9        (1), (2), (3), (14), or (14.5) of subsection (b) of
10        Section 112A-14 of this Code,
11            (ii) a remedy, which is substantially similar to
12        the remedies authorized under paragraph paragraphs
13        (1), (2), (3), (14), or (14.5) of subsection (b) of
14        Section 214 of the Illinois Domestic Violence Act of
15        1986, in a valid order of protection, which is
16        authorized under the laws of another state, tribe, or
17        United States territory, or
18            (iii) or any other remedy when the act constitutes
19        a crime against the protected parties as defined by
20        the Criminal Code of 1961 or the Criminal Code of 2012.
21        Prosecution for a violation of a domestic violence
22    order of protection shall not bar concurrent prosecution
23    for any other crime, including any crime that may have
24    been committed at the time of the violation of the
25    domestic violence order of protection; or
26        (2) The respondent commits the crime of child

 

 

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1    abduction pursuant to Section 10-5 of the Criminal Code of
2    1961 or the Criminal Code of 2012, by having knowingly
3    violated:
4            (i) remedies described in paragraph paragraphs
5        (5), (6), or (8) of subsection (b) of Section 112A-14
6        of this Code, or
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraph paragraphs
9        (1), (5), (6), or (8) of subsection (b) of Section 214
10        of the Illinois Domestic Violence Act of 1986, in a
11        valid domestic violence order of protection, which is
12        authorized under the laws of another state, tribe, or
13        United States territory.
14        (3) The respondent commits the crime of violation of a
15    civil no contact order when the respondent violates
16    Section 12-3.8 of the Criminal Code of 2012. Prosecution
17    for a violation of a civil no contact order shall not bar
18    concurrent prosecution for any other crime, including any
19    crime that may have been committed at the time of the
20    violation of the civil no contact order.
21        (4) The respondent commits the crime of violation of a
22    stalking no contact order when the respondent violates
23    Section 12-3.9 of the Criminal Code of 2012. Prosecution
24    for a violation of a stalking no contact order shall not
25    bar concurrent prosecution for any other crime, including
26    any crime that may have been committed at the time of the

 

 

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1    violation of the stalking no contact order.
2    (b) When violation is contempt of court. A violation of
3any valid protective order, whether issued in a civil or
4criminal proceeding, may be enforced through civil or criminal
5contempt procedures, as appropriate, by any court with
6jurisdiction, regardless where the act or acts which violated
7the protective order were committed, to the extent consistent
8with the venue provisions of this Article. Nothing in this
9Article shall preclude any Illinois court from enforcing any
10valid protective order issued in another state. Illinois
11courts may enforce protective orders through both criminal
12prosecution and contempt proceedings, unless the action which
13is second in time is barred by collateral estoppel or the
14constitutional prohibition against double jeopardy.
15        (1) In a contempt proceeding where the petition for a
16    rule to show cause sets forth facts evidencing an
17    immediate danger that the respondent will flee the
18    jurisdiction, conceal a child, or inflict physical abuse
19    on the petitioner or minor children or on dependent adults
20    in petitioner's care, the court may order the attachment
21    of the respondent without prior service of the rule to
22    show cause or the petition for a rule to show cause. Bond
23    shall be set unless specifically denied in writing.
24        (2) A petition for a rule to show cause for violation
25    of a protective order shall be treated as an expedited
26    proceeding.

 

 

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1    (c) Violation of custody, allocation of parental
2responsibility, or support orders. A violation of remedies
3described in paragraph paragraphs (5), (6), (8), or (9) of
4subsection (b) of Section 112A-14 of this Code may be enforced
5by any remedy provided by Section 607.5 of the Illinois
6Marriage and Dissolution of Marriage Act. The court may
7enforce any order for support issued under paragraph (12) of
8subsection (b) of Section 112A-14 of this Code in the manner
9provided for under Parts V and VII of the Illinois Marriage and
10Dissolution of Marriage Act.
11    (d) Actual knowledge. A protective order may be enforced
12pursuant to this Section if the respondent violates the order
13after the respondent has actual knowledge of its contents as
14shown through one of the following means:
15        (1) (Blank).
16        (2) (Blank).
17        (3) By service of a protective order under subsection
18    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
19        (4) By other means demonstrating actual knowledge of
20    the contents of the order.
21    (e) The enforcement of a protective order in civil or
22criminal court shall not be affected by either of the
23following:
24        (1) The existence of a separate, correlative order
25    entered under Section 112A-15 of this Code.
26        (2) Any finding or order entered in a conjoined

 

 

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1    criminal proceeding.
2    (e-5) If a civil no contact order entered under subsection
3(6) of Section 112A-20 of the Code of Criminal Procedure of
41963 conflicts with an order issued pursuant to the Juvenile
5Court Act of 1987 or the Illinois Marriage and Dissolution of
6Marriage Act, the conflicting order issued under subsection
7(6) of Section 112A-20 of the Code of Criminal Procedure of
81963 shall be void.
9    (f) Circumstances. The court, when determining whether or
10not a violation of a protective order has occurred, shall not
11require physical manifestations of abuse on the person of the
12victim.
13    (g) Penalties.
14        (1) Except as provided in paragraph (3) of this
15    subsection (g), where the court finds the commission of a
16    crime or contempt of court under subsection subsections
17    (a) or (b) of this Section, the penalty shall be the
18    penalty that generally applies in such criminal or
19    contempt proceedings, and may include one or more of the
20    following: incarceration, payment of restitution, a fine,
21    payment of attorneys' fees and costs, or community
22    service.
23        (2) The court shall hear and take into account
24    evidence of any factors in aggravation or mitigation
25    before deciding an appropriate penalty under paragraph (1)
26    of this subsection (g).

 

 

HB4052- 112 -LRB103 01905 RLC 61044 b

1        (3) To the extent permitted by law, the court is
2    encouraged to:
3            (i) increase the penalty for the knowing violation
4        of any protective order over any penalty previously
5        imposed by any court for respondent's violation of any
6        protective order or penal statute involving petitioner
7        as victim and respondent as defendant;
8            (ii) impose a minimum penalty of 24 hours
9        imprisonment for respondent's first violation of any
10        protective order; and
11            (iii) impose a minimum penalty of 48 hours
12        imprisonment for respondent's second or subsequent
13        violation of a protective order
14    unless the court explicitly finds that an increased
15    penalty or that period of imprisonment would be manifestly
16    unjust.
17        (4) In addition to any other penalties imposed for a
18    violation of a protective order, a criminal court may
19    consider evidence of any violations of a protective order:
20            (i) to increase, revoke, or modify the conditions
21        of pretrial release bail bond on an underlying
22        criminal charge pursuant to Section 110-6 of this
23        Code;
24            (ii) to revoke or modify an order of probation,
25        conditional discharge, or supervision, pursuant to
26        Section 5-6-4 of the Unified Code of Corrections;

 

 

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1            (iii) to revoke or modify a sentence of periodic
2        imprisonment, pursuant to Section 5-7-2 of the Unified
3        Code of Corrections.
4(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
5102-558, eff. 8-20-21; revised 10-12-21.)
 
6    (725 ILCS 5/114-1)  (from Ch. 38, par. 114-1)
7    Sec. 114-1. Motion to dismiss charge.
8    (a) Upon the written motion of the defendant made prior to
9trial before or after a plea has been entered the court may
10dismiss the indictment, information or complaint upon any of
11the following grounds:
12        (1) The defendant has not been placed on trial in
13    compliance with Section 103-5 of this Code.
14        (2) The prosecution of the offense is barred by
15    Sections 3-3 through 3-8 of the Criminal Code of 2012.
16        (3) The defendant has received immunity from
17    prosecution for the offense charged.
18        (4) The indictment was returned by a Grand Jury which
19    was improperly selected and which results in substantial
20    injustice to the defendant.
21        (5) The indictment was returned by a Grand Jury which
22    acted contrary to Article 112 of this Code and which
23    results in substantial injustice to the defendant.
24        (6) The court in which the charge has been filed does
25    not have jurisdiction.

 

 

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1        (7) The county is an improper place of trial.
2        (8) The charge does not state an offense.
3        (9) The indictment is based solely upon the testimony
4    of an incompetent witness.
5        (10) The defendant is misnamed in the charge and the
6    misnomer results in substantial injustice to the
7    defendant.
8        (11) The requirements of Section 109-3.1 have not been
9    complied with.
10    (b) The court shall require any motion to dismiss to be
11filed within a reasonable time after the defendant has been
12arraigned. Any motion not filed within such time or an
13extension thereof shall not be considered by the court and the
14grounds therefor, except as to subsections (a)(6) and (a)(8)
15of this Section, are waived.
16    (c) If the motion presents only an issue of law the court
17shall determine it without the necessity of further pleadings.
18If the motion alleges facts not of record in the case the State
19shall file an answer admitting or denying each of the factual
20allegations of the motion.
21    (d) When an issue of fact is presented by a motion to
22dismiss and the answer of the State the court shall conduct a
23hearing and determine the issues.
24    (d-5) When a defendant seeks dismissal of the charge upon
25the ground set forth in subsection (a)(7) of this Section, the
26defendant shall make a prima facie showing that the county is

 

 

HB4052- 115 -LRB103 01905 RLC 61044 b

1an improper place of trial. Upon such showing, the State shall
2have the burden of proving, by a preponderance of the
3evidence, that the county is the proper place of trial.
4    (d-6) When a defendant seeks dismissal of the charge upon
5the grounds set forth in subsection (a)(2) of this Section,
6the prosecution shall have the burden of proving, by a
7preponderance of the evidence, that the prosecution of the
8offense is not barred by Sections 3-3 through 3-8 of the
9Criminal Code of 2012.
10    (e) Dismissal of the charge upon the grounds set forth in
11subsections (a)(4) through (a)(11) of this Section shall not
12prevent the return of a new indictment or the filing of a new
13charge, and upon such dismissal the court may order that the
14defendant be held in custody or, if the defendant had been
15previously released on pretrial release bail, that the
16pretrial release bail be continued for a specified time
17pending the return of a new indictment or the filing of a new
18charge.
19    (f) If the court determines that the motion to dismiss
20based upon the grounds set forth in subsections (a)(6) and
21(a)(7) is well founded it may, instead of dismissal, order the
22cause transferred to a court of competent jurisdiction or to a
23proper place of trial.
24(Source: P.A. 100-434, eff. 1-1-18; 101-652.)
 
25    (725 ILCS 5/115-4.1)  (from Ch. 38, par. 115-4.1)

 

 

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1    Sec. 115-4.1. Absence of defendant.
2    (a) When a defendant after arrest and an initial court
3appearance for a non-capital felony or a misdemeanor, fails to
4appear for trial, at the request of the State and after the
5State has affirmatively proven through substantial evidence
6that the defendant is willfully avoiding trial, the court may
7commence trial in the absence of the defendant. Absence of a
8defendant as specified in this Section shall not be a bar to
9indictment of a defendant, return of information against a
10defendant, or arraignment of a defendant for the charge for
11which pretrial release bail has been granted. If a defendant
12fails to appear at arraignment, the court may enter a plea of
13"not guilty" on his behalf. If a defendant absents himself
14before trial on a capital felony, trial may proceed as
15specified in this Section provided that the State certifies
16that it will not seek a death sentence following conviction.
17Trial in the defendant's absence shall be by jury unless the
18defendant had previously waived trial by jury. The absent
19defendant must be represented by retained or appointed
20counsel. The court, at the conclusion of all of the
21proceedings, may order the clerk of the circuit court to pay
22counsel such sum as the court deems reasonable, from any bond
23monies which were posted by the defendant with the clerk,
24after the clerk has first deducted all court costs. If trial
25had previously commenced in the presence of the defendant and
26the defendant willfully absents himself for two successive

 

 

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1court days, the court shall proceed to trial. All procedural
2rights guaranteed by the United States Constitution,
3Constitution of the State of Illinois, statutes of the State
4of Illinois, and rules of court shall apply to the proceedings
5the same as if the defendant were present in court and had not
6either had his or her pretrial release revoked forfeited his
7bail bond or escaped from custody. The court may set the case
8for a trial which may be conducted under this Section despite
9the failure of the defendant to appear at the hearing at which
10the trial date is set. When such trial date is set the clerk
11shall send to the defendant, by certified mail at his last
12known address indicated on his bond slip, notice of the new
13date which has been set for trial. Such notification shall be
14required when the defendant was not personally present in open
15court at the time when the case was set for trial.
16    (b) The absence of a defendant from a trial conducted
17pursuant to this Section does not operate as a bar to
18concluding the trial, to a judgment of conviction resulting
19therefrom, or to a final disposition of the trial in favor of
20the defendant.
21    (c) Upon a verdict of not guilty, the court shall enter
22judgment for the defendant. Upon a verdict of guilty, the
23court shall set a date for the hearing of post-trial motions
24and shall hear such motion in the absence of the defendant. If
25post-trial motions are denied, the court shall proceed to
26conduct a sentencing hearing and to impose a sentence upon the

 

 

HB4052- 118 -LRB103 01905 RLC 61044 b

1defendant.
2    (d) A defendant who is absent for part of the proceedings
3of trial, post-trial motions, or sentencing, does not thereby
4forfeit his right to be present at all remaining proceedings.
5    (e) When a defendant who in his absence has been either
6convicted or sentenced or both convicted and sentenced appears
7before the court, he must be granted a new trial or new
8sentencing hearing if the defendant can establish that his
9failure to appear in court was both without his fault and due
10to circumstances beyond his control. A hearing with notice to
11the State's Attorney on the defendant's request for a new
12trial or a new sentencing hearing must be held before any such
13request may be granted. At any such hearing both the defendant
14and the State may present evidence.
15    (f) If the court grants only the defendant's request for a
16new sentencing hearing, then a new sentencing hearing shall be
17held in accordance with the provisions of the Unified Code of
18Corrections. At any such hearing, both the defendant and the
19State may offer evidence of the defendant's conduct during his
20period of absence from the court. The court may impose any
21sentence authorized by the Unified Code of Corrections and is
22not in any way limited or restricted by any sentence
23previously imposed.
24    (g) A defendant whose motion under paragraph (e) for a new
25trial or new sentencing hearing has been denied may file a
26notice of appeal therefrom. Such notice may also include a

 

 

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1request for review of the judgment and sentence not vacated by
2the trial court.
3(Source: P.A. 90-787, eff. 8-14-98; 101-652.)
 
4    (725 ILCS 5/122-6)  (from Ch. 38, par. 122-6)
5    Sec. 122-6. Disposition in trial court.
6    The court may receive proof by affidavits, depositions,
7oral testimony, or other evidence. In its discretion the court
8may order the petitioner brought before the court for the
9hearing. If the court finds in favor of the petitioner, it
10shall enter an appropriate order with respect to the judgment
11or sentence in the former proceedings and such supplementary
12orders as to rearraignment, retrial, custody, conditions of
13pretrial release bail or discharge as may be necessary and
14proper.
15(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
16    (725 ILCS 5/110-1.5 rep.)
17    Section 15. The Code of Criminal Procedure of 1963 is
18amended by repealing Section 110-1.5.
 
19    Section 20. The Code of Criminal Procedure of 1963 is
20amended by changing Sections 103-2, 103-3, and 108-8 as
21follows:
 
22    (725 ILCS 5/103-2)  (from Ch. 38, par. 103-2)

 

 

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1    Sec. 103-2. Treatment while in custody.
2    (a) On being taken into custody every person shall have
3the right to remain silent.
4    (b) No unlawful means of any kind shall be used to obtain a
5statement, admission or confession from any person in custody.
6    (c) Persons in custody shall be treated humanely and
7provided with proper food, shelter and, if required, medical
8treatment without unreasonable delay if the need for the
9treatment is apparent.
10(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
11    (725 ILCS 5/103-3)  (from Ch. 38, par. 103-3)
12    Sec. 103-3. Right to communicate with attorney and family;
13transfers.
14    (a) (Blank). Persons who are arrested shall have the right
15to communicate with an attorney of their choice and a member of
16their family by making a reasonable number of telephone calls
17or in any other reasonable manner. Such communication shall be
18permitted within a reasonable time after arrival at the first
19place of custody.
20    (a-5) Persons who are in police custody have the right to
21communicate free of charge with an attorney of their choice
22and members of their family as soon as possible upon being
23taken into police custody, but no later than three hours after
24arrival at the first place of custody. Persons in police
25custody must be given:

 

 

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1        (1) access to use a telephone via a land line or
2    cellular phone to make three phone calls; and
3        (2) the ability to retrieve phone numbers contained in
4    his or her contact list on his or her cellular phone prior
5    to the phone being placed into inventory.
6    (a-10) In accordance with Section 103-7, at every facility
7where a person is in police custody a sign containing, at
8minimum, the following information in bold block type must be
9posted in a conspicuous place:
10        (1) a short statement notifying persons who are in
11    police custody of their right to have access to a phone
12    within three hours after being taken into police custody;
13    and
14        (2) persons who are in police custody have the right
15    to make three phone calls within three hours after being
16    taken into custody, at no charge.
17    (a-15) In addition to the information listed in subsection
18(a-10), if the place of custody is located in a jurisdiction
19where the court has appointed the public defender or other
20attorney to represent persons who are in police custody, the
21telephone number to the public defender or appointed
22attorney's office must also be displayed. The telephone call
23to the public defender or other attorney must not be
24monitored, eavesdropped upon, or recorded.
25    (b) (Blank). In the event the accused is transferred to a
26new place of custody his right to communicate with an attorney

 

 

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1and a member of his family is renewed.
2    (c) In the event a person who is in police custody is
3transferred to a new place of custody, his or her right to make
4telephone calls under this Section within three hours after
5arrival is renewed.
6    (d) In this Section "custody" means the restriction of a
7person's freedom of movement by a law enforcement officer's
8exercise of his or her lawful authority.
9    (e) The three hours requirement shall not apply while the
10person in police custody is asleep, unconscious, or otherwise
11incapacitated.
12    (f) Nothing in this Section shall interfere with a
13person's rights or override procedures required in the Bill of
14Rights of the Illinois and US Constitutions, including but not
15limited to Fourth Amendment search and seizure rights, Fifth
16Amendment due process rights and rights to be free from
17self-incrimination and Sixth Amendment right to counsel.
18(Source: P.A. 101-652, eff. 7-1-21.)
 
19    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
20    Sec. 108-8. Use of force in execution of search warrant.
21    (a) All necessary and reasonable force may be used to
22effect an entry into any building or property or part thereof
23to execute a search warrant.
24    (b) The court issuing a warrant may authorize the officer
25executing the warrant to make entry without first knocking and

 

 

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1announcing his or her office if it finds, based upon a showing
2of specific facts, the existence of the following exigent
3circumstances:
4        (1) That the officer reasonably believes that if
5    notice were given a weapon would be used:
6            (i) against the officer executing the search
7        warrant; or
8            (ii) against another person.
9        (2) That if notice were given there is an imminent
10    "danger" that evidence will be destroyed.
11    (c) Prior to the issuing of a warrant under subsection
12(b), the officer must attest that:
13        (1) prior to entering the location described in the
14    search warrant, a supervising officer will ensure that
15    each participating member is assigned a body worn camera
16    and is following policies and procedures in accordance
17    with Section 10-20 of the Law Enforcement Officer-Worn
18    Body Camera Act; provided that the law enforcement agency
19    has implemented body worn camera in accordance with
20    Section 10-15 of the Law Enforcement Officer-Worn Body
21    Camera Act. If a law enforcement agency has not
22    implemented a body camera in accordance with Section 10-15
23    of the Law Enforcement Officer-Worn Body Camera Act, the
24    officer must attest that the interaction authorized by the
25    warrant is otherwise recorded;
26        (2) steps were taken in planning the search to ensure

 

 

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1    accuracy and plan for children or other vulnerable people
2    on-site; and
3        (3) if an officer becomes aware the search warrant was
4    executed at an address, unit, or apartment different from
5    the location listed on the search warrant, that member
6    will immediately notify a supervisor who will ensure an
7    internal investigation ensues.
8(Source: P.A. 101-652, eff. 7-1-21.)
 
9    Section 25. The Code of Criminal Procedure of 1963 is
10amended by reenacting Sections 110-6.3, 110-7, 110-8, 110-9,
11110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 as follows:
 
12    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
13    Sec. 110-6.3. Denial of bail in stalking and aggravated
14stalking offenses.
15    (a) Upon verified petition by the State, the court shall
16hold a hearing to determine whether bail should be denied to a
17defendant who is charged with stalking or aggravated stalking,
18when it is alleged that the defendant's admission to bail
19poses a real and present threat to the physical safety of the
20alleged victim of the offense, and denial of release on bail or
21personal recognizance is necessary to prevent fulfillment of
22the threat upon which the charge is based.
23        (1) A petition may be filed without prior notice to
24    the defendant at the first appearance before a judge, or

 

 

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1    within 21 calendar days, except as provided in Section
2    110-6, after arrest and release of the defendant upon
3    reasonable notice to defendant; provided that while the
4    petition is pending before the court, the defendant if
5    previously released shall not be detained.
6        (2) The hearing shall be held immediately upon the
7    defendant's appearance before the court, unless for good
8    cause shown the defendant or the State seeks a
9    continuance. A continuance on motion of the defendant may
10    not exceed 5 calendar days, and the defendant may be held
11    in custody during the continuance. A continuance on the
12    motion of the State may not exceed 3 calendar days;
13    however, the defendant may be held in custody during the
14    continuance under this provision if the defendant has been
15    previously found to have violated an order of protection
16    or has been previously convicted of, or granted court
17    supervision for, any of the offenses set forth in Sections
18    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
19    12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
20    12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
21    of 1961 or the Criminal Code of 2012, against the same
22    person as the alleged victim of the stalking or aggravated
23    stalking offense.
24    (b) The court may deny bail to the defendant when, after
25the hearing, it is determined that:
26        (1) the proof is evident or the presumption great that

 

 

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1    the defendant has committed the offense of stalking or
2    aggravated stalking; and
3        (2) the defendant poses a real and present threat to
4    the physical safety of the alleged victim of the offense;
5    and
6        (3) the denial of release on bail or personal
7    recognizance is necessary to prevent fulfillment of the
8    threat upon which the charge is based; and
9        (4) the court finds that no condition or combination
10    of conditions set forth in subsection (b) of Section
11    110-10 of this Code, including mental health treatment at
12    a community mental health center, hospital, or facility of
13    the Department of Human Services, can reasonably assure
14    the physical safety of the alleged victim of the offense.
15    (c) Conduct of the hearings.
16        (1) The hearing on the defendant's culpability and
17    threat to the alleged victim of the offense shall be
18    conducted in accordance with the following provisions:
19            (A) Information used by the court in its findings
20        or stated in or offered at the hearing may be by way of
21        proffer based upon reliable information offered by the
22        State or by defendant. Defendant has the right to be
23        represented by counsel, and if he is indigent, to have
24        counsel appointed for him. Defendant shall have the
25        opportunity to testify, to present witnesses in his
26        own behalf, and to cross-examine witnesses if any are

 

 

HB4052- 127 -LRB103 01905 RLC 61044 b

1        called by the State. The defendant has the right to
2        present witnesses in his favor. When the ends of
3        justice so require, the court may exercise its
4        discretion and compel the appearance of a complaining
5        witness. The court shall state on the record reasons
6        for granting a defense request to compel the presence
7        of a complaining witness. Cross-examination of a
8        complaining witness at the pretrial detention hearing
9        for the purpose of impeaching the witness' credibility
10        is insufficient reason to compel the presence of the
11        witness. In deciding whether to compel the appearance
12        of a complaining witness, the court shall be
13        considerate of the emotional and physical well-being
14        of the witness. The pretrial detention hearing is not
15        to be used for the purposes of discovery, and the post
16        arraignment rules of discovery do not apply. The State
17        shall tender to the defendant, prior to the hearing,
18        copies of defendant's criminal history, if any, if
19        available, and any written or recorded statements and
20        the substance of any oral statements made by any
21        person, if relied upon by the State. The rules
22        concerning the admissibility of evidence in criminal
23        trials do not apply to the presentation and
24        consideration of information at the hearing. At the
25        trial concerning the offense for which the hearing was
26        conducted neither the finding of the court nor any

 

 

HB4052- 128 -LRB103 01905 RLC 61044 b

1        transcript or other record of the hearing shall be
2        admissible in the State's case in chief, but shall be
3        admissible for impeachment, or as provided in Section
4        115-10.1 of this Code, or in a perjury proceeding.
5            (B) A motion by the defendant to suppress evidence
6        or to suppress a confession shall not be entertained.
7        Evidence that proof may have been obtained as the
8        result of an unlawful search and seizure or through
9        improper interrogation is not relevant to this state
10        of the prosecution.
11        (2) The facts relied upon by the court to support a
12    finding that:
13            (A) the defendant poses a real and present threat
14        to the physical safety of the alleged victim of the
15        offense; and
16            (B) the denial of release on bail or personal
17        recognizance is necessary to prevent fulfillment of
18        the threat upon which the charge is based;
19    shall be supported by clear and convincing evidence
20    presented by the State.
21    (d) Factors to be considered in making a determination of
22the threat to the alleged victim of the offense. The court may,
23in determining whether the defendant poses, at the time of the
24hearing, a real and present threat to the physical safety of
25the alleged victim of the offense, consider but shall not be
26limited to evidence or testimony concerning:

 

 

HB4052- 129 -LRB103 01905 RLC 61044 b

1        (1) The nature and circumstances of the offense
2    charged;
3        (2) The history and characteristics of the defendant
4    including:
5            (A) Any evidence of the defendant's prior criminal
6        history indicative of violent, abusive or assaultive
7        behavior, or lack of that behavior. The evidence may
8        include testimony or documents received in juvenile
9        proceedings, criminal, quasi-criminal, civil
10        commitment, domestic relations or other proceedings;
11            (B) Any evidence of the defendant's psychological,
12        psychiatric or other similar social history that tends
13        to indicate a violent, abusive, or assaultive nature,
14        or lack of any such history.
15        (3) The nature of the threat which is the basis of the
16    charge against the defendant;
17        (4) Any statements made by, or attributed to the
18    defendant, together with the circumstances surrounding
19    them;
20        (5) The age and physical condition of any person
21    assaulted by the defendant;
22        (6) Whether the defendant is known to possess or have
23    access to any weapon or weapons;
24        (7) Whether, at the time of the current offense or any
25    other offense or arrest, the defendant was on probation,
26    parole, aftercare release, mandatory supervised release or

 

 

HB4052- 130 -LRB103 01905 RLC 61044 b

1    other release from custody pending trial, sentencing,
2    appeal or completion of sentence for an offense under
3    federal or state law;
4        (8) Any other factors, including those listed in
5    Section 110-5 of this Code, deemed by the court to have a
6    reasonable bearing upon the defendant's propensity or
7    reputation for violent, abusive or assaultive behavior, or
8    lack of that behavior.
9    (e) The court shall, in any order denying bail to a person
10charged with stalking or aggravated stalking:
11        (1) briefly summarize the evidence of the defendant's
12    culpability and its reasons for concluding that the
13    defendant should be held without bail;
14        (2) direct that the defendant be committed to the
15    custody of the sheriff for confinement in the county jail
16    pending trial;
17        (3) direct that the defendant be given a reasonable
18    opportunity for private consultation with counsel, and for
19    communication with others of his choice by visitation,
20    mail and telephone; and
21        (4) direct that the sheriff deliver the defendant as
22    required for appearances in connection with court
23    proceedings.
24    (f) If the court enters an order for the detention of the
25defendant under subsection (e) of this Section, the defendant
26shall be brought to trial on the offense for which he is

 

 

HB4052- 131 -LRB103 01905 RLC 61044 b

1detained within 90 days after the date on which the order for
2detention was entered. If the defendant is not brought to
3trial within the 90 day period required by this subsection
4(f), he shall not be held longer without bail. In computing the
590 day period, the court shall omit any period of delay
6resulting from a continuance granted at the request of the
7defendant. The court shall immediately notify the alleged
8victim of the offense that the defendant has been admitted to
9bail under this subsection.
10    (g) Any person shall be entitled to appeal any order
11entered under this Section denying bail to the defendant.
12    (h) The State may appeal any order entered under this
13Section denying any motion for denial of bail.
14    (i) Nothing in this Section shall be construed as
15modifying or limiting in any way the defendant's presumption
16of innocence in further criminal proceedings.
17(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1898-558, eff. 1-1-14; 101-652, eff. 7-1-21.)
 
19    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
20    Sec. 110-7. Deposit of bail security.
21    (a) The person for whom bail has been set shall execute the
22bail bond and deposit with the clerk of the court before which
23the proceeding is pending a sum of money equal to 10% of the
24bail, but in no event shall such deposit be less than $25. The
25clerk of the court shall provide a space on each form for a

 

 

HB4052- 132 -LRB103 01905 RLC 61044 b

1person other than the accused who has provided the money for
2the posting of bail to so indicate and a space signed by an
3accused who has executed the bail bond indicating whether a
4person other than the accused has provided the money for the
5posting of bail. The form shall also include a written notice
6to such person who has provided the defendant with the money
7for the posting of bail indicating that the bail may be used to
8pay costs, attorney's fees, fines, or other purposes
9authorized by the court and if the defendant fails to comply
10with the conditions of the bail bond, the court shall enter an
11order declaring the bail to be forfeited. The written notice
12must be: (1) distinguishable from the surrounding text; (2) in
13bold type or underscored; and (3) in a type size at least 2
14points larger than the surrounding type. When a person for
15whom bail has been set is charged with an offense under the
16Illinois Controlled Substances Act or the Methamphetamine
17Control and Community Protection Act which is a Class X
18felony, or making a terrorist threat in violation of Section
1929D-20 of the Criminal Code of 1961 or the Criminal Code of
202012 or an attempt to commit the offense of making a terrorist
21threat, the court may require the defendant to deposit a sum
22equal to 100% of the bail. Where any person is charged with a
23forcible felony while free on bail and is the subject of
24proceedings under Section 109-3 of this Code the judge
25conducting the preliminary examination may also conduct a
26hearing upon the application of the State pursuant to the

 

 

HB4052- 133 -LRB103 01905 RLC 61044 b

1provisions of Section 110-6 of this Code to increase or revoke
2the bail for that person's prior alleged offense.
3    (b) Upon depositing this sum and any bond fee authorized
4by law, the person shall be released from custody subject to
5the conditions of the bail bond.
6    (c) Once bail has been given and a charge is pending or is
7thereafter filed in or transferred to a court of competent
8jurisdiction the latter court shall continue the original bail
9in that court subject to the provisions of Section 110-6 of
10this Code.
11    (d) After conviction the court may order that the original
12bail stand as bail pending appeal or deny, increase or reduce
13bail subject to the provisions of Section 110-6.2.
14    (e) After the entry of an order by the trial court allowing
15or denying bail pending appeal either party may apply to the
16reviewing court having jurisdiction or to a justice thereof
17sitting in vacation for an order increasing or decreasing the
18amount of bail or allowing or denying bail pending appeal
19subject to the provisions of Section 110-6.2.
20    (f) When the conditions of the bail bond have been
21performed and the accused has been discharged from all
22obligations in the cause the clerk of the court shall return to
23the accused or to the defendant's designee by an assignment
24executed at the time the bail amount is deposited, unless the
25court orders otherwise, 90% of the sum which had been
26deposited and shall retain as bail bond costs 10% of the amount

 

 

HB4052- 134 -LRB103 01905 RLC 61044 b

1deposited. However, in no event shall the amount retained by
2the clerk as bail bond costs be less than $5. Notwithstanding
3the foregoing, in counties with a population of 3,000,000 or
4more, in no event shall the amount retained by the clerk as
5bail bond costs exceed $100. Bail bond deposited by or on
6behalf of a defendant in one case may be used, in the court's
7discretion, to satisfy financial obligations of that same
8defendant incurred in a different case due to a fine, court
9costs, restitution or fees of the defendant's attorney of
10record. In counties with a population of 3,000,000 or more,
11the court shall not order bail bond deposited by or on behalf
12of a defendant in one case to be used to satisfy financial
13obligations of that same defendant in a different case until
14the bail bond is first used to satisfy court costs and
15attorney's fees in the case in which the bail bond has been
16deposited and any other unpaid child support obligations are
17satisfied. In counties with a population of less than
183,000,000, the court shall not order bail bond deposited by or
19on behalf of a defendant in one case to be used to satisfy
20financial obligations of that same defendant in a different
21case until the bail bond is first used to satisfy court costs
22in the case in which the bail bond has been deposited.
23    At the request of the defendant the court may order such
2490% of defendant's bail deposit, or whatever amount is
25repayable to defendant from such deposit, to be paid to
26defendant's attorney of record.

 

 

HB4052- 135 -LRB103 01905 RLC 61044 b

1    (g) If the accused does not comply with the conditions of
2the bail bond the court having jurisdiction shall enter an
3order declaring the bail to be forfeited. Notice of such order
4of forfeiture shall be mailed forthwith to the accused at his
5last known address. If the accused does not appear and
6surrender to the court having jurisdiction within 30 days from
7the date of the forfeiture or within such period satisfy the
8court that appearance and surrender by the accused is
9impossible and without his fault the court shall enter
10judgment for the State if the charge for which the bond was
11given was a felony or misdemeanor, or if the charge was
12quasi-criminal or traffic, judgment for the political
13subdivision of the State which prosecuted the case, against
14the accused for the amount of the bail and costs of the court
15proceedings; however, in counties with a population of less
16than 3,000,000, instead of the court entering a judgment for
17the full amount of the bond the court may, in its discretion,
18enter judgment for the cash deposit on the bond, less costs,
19retain the deposit for further disposition or, if a cash bond
20was posted for failure to appear in a matter involving
21enforcement of child support or maintenance, the amount of the
22cash deposit on the bond, less outstanding costs, may be
23awarded to the person or entity to whom the child support or
24maintenance is due. The deposit made in accordance with
25paragraph (a) shall be applied to the payment of costs. If
26judgment is entered and any amount of such deposit remains

 

 

HB4052- 136 -LRB103 01905 RLC 61044 b

1after the payment of costs it shall be applied to payment of
2the judgment and transferred to the treasury of the municipal
3corporation wherein the bond was taken if the offense was a
4violation of any penal ordinance of a political subdivision of
5this State, or to the treasury of the county wherein the bond
6was taken if the offense was a violation of any penal statute
7of this State. The balance of the judgment may be enforced and
8collected in the same manner as a judgment entered in a civil
9action.
10    (h) After a judgment for a fine and court costs or either
11is entered in the prosecution of a cause in which a deposit had
12been made in accordance with paragraph (a) the balance of such
13deposit, after deduction of bail bond costs, shall be applied
14to the payment of the judgment.
15    (i) When a court appearance is required for an alleged
16violation of the Criminal Code of 1961, the Criminal Code of
172012, the Illinois Vehicle Code, the Wildlife Code, the Fish
18and Aquatic Life Code, the Child Passenger Protection Act, or
19a comparable offense of a unit of local government as
20specified in Supreme Court Rule 551, and if the accused does
21not appear in court on the date set for appearance or any date
22to which the case may be continued and the court issues an
23arrest warrant for the accused, based upon his or her failure
24to appear when having so previously been ordered to appear by
25the court, the accused upon his or her admission to bail shall
26be assessed by the court a fee of $75. Payment of the fee shall

 

 

HB4052- 137 -LRB103 01905 RLC 61044 b

1be a condition of release unless otherwise ordered by the
2court. The fee shall be in addition to any bail that the
3accused is required to deposit for the offense for which the
4accused has been charged and may not be used for the payment of
5court costs or fines assessed for the offense. The clerk of the
6court shall remit $70 of the fee assessed to the arresting
7agency who brings the offender in on the arrest warrant. If the
8Department of State Police is the arresting agency, $70 of the
9fee assessed shall be remitted by the clerk of the court to the
10State Treasurer within one month after receipt for deposit
11into the State Police Operations Assistance Fund. The clerk of
12the court shall remit $5 of the fee assessed to the Circuit
13Court Clerk Operation and Administrative Fund as provided in
14Section 27.3d of the Clerks of Courts Act.
15(Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)
 
16    (725 ILCS 5/110-8)  (from Ch. 38, par. 110-8)
17    Sec. 110-8. Cash, stocks, bonds and real estate as
18security for bail.
19    (a) In lieu of the bail deposit provided for in Section
20110-7 of this Code any person for whom bail has been set may
21execute the bail bond with or without sureties which bond may
22be secured:
23    (1) By a deposit, with the clerk of the court, of an amount
24equal to the required bail, of cash, or stocks and bonds in
25which trustees are authorized to invest trust funds under the

 

 

HB4052- 138 -LRB103 01905 RLC 61044 b

1laws of this State; or
2    (2) By real estate situated in this State with
3unencumbered equity not exempt owned by the accused or
4sureties worth double the amount of bail set in the bond.
5    (b) If the bail bond is secured by stocks and bonds the
6accused or sureties shall file with the bond a sworn schedule
7which shall be approved by the court and shall contain:
8        (1) A list of the stocks and bonds deposited
9    describing each in sufficient detail that it may be
10    identified;
11        (2) The market value of each stock and bond;
12        (3) The total market value of the stocks and bonds
13    listed;
14        (4) A statement that the affiant is the sole owner of
15    the stocks and bonds listed and they are not exempt from
16    the enforcement of a judgment thereon;
17        (5) A statement that such stocks and bonds have not
18    previously been used or accepted as bail in this State
19    during the 12 months preceding the date of the bail bond;
20    and
21        (6) A statement that such stocks and bonds are
22    security for the appearance of the accused in accordance
23    with the conditions of the bail bond.
24    (c) If the bail bond is secured by real estate the accused
25or sureties shall file with the bond a sworn schedule which
26shall contain:

 

 

HB4052- 139 -LRB103 01905 RLC 61044 b

1        (1) A legal description of the real estate;
2        (2) A description of any and all encumbrances on the
3    real estate including the amount of each and the holder
4    thereof;
5        (3) The market value of the unencumbered equity owned
6    by the affiant;
7        (4) A statement that the affiant is the sole owner of
8    such unencumbered equity and that it is not exempt from
9    the enforcement of a judgment thereon;
10        (5) A statement that the real estate has not
11    previously been used or accepted as bail in this State
12    during the 12 months preceding the date of the bail bond;
13    and
14        (6) A statement that the real estate is security for
15    the appearance of the accused in accordance with the
16    conditions of the bail bond.
17    (d) The sworn schedule shall constitute a material part of
18the bail bond. The affiant commits perjury if in the sworn
19schedule he makes a false statement which he does not believe
20to be true. He shall be prosecuted and punished accordingly,
21or, he may be punished for contempt.
22    (e) A certified copy of the bail bond and schedule of real
23estate shall be filed immediately in the office of the
24registrar of titles or recorder of the county in which the real
25estate is situated and the State shall have a lien on such real
26estate from the time such copies are filed in the office of the

 

 

HB4052- 140 -LRB103 01905 RLC 61044 b

1registrar of titles or recorder. The registrar of titles or
2recorder shall enter, index and record (or register as the
3case may be) such bail bonds and schedules without requiring
4any advance fee, which fee shall be taxed as costs in the
5proceeding and paid out of such costs when collected.
6    (f) When the conditions of the bail bond have been
7performed and the accused has been discharged from his
8obligations in the cause, the clerk of the court shall return
9to him or his sureties the deposit of any cash, stocks or
10bonds. If the bail bond has been secured by real estate the
11clerk of the court shall forthwith notify in writing the
12registrar of titles or recorder and the lien of the bail bond
13on the real estate shall be discharged.
14    (g) If the accused does not comply with the conditions of
15the bail bond the court having jurisdiction shall enter an
16order declaring the bail to be forfeited. Notice of such order
17of forfeiture shall be mailed forthwith by the clerk of the
18court to the accused and his sureties at their last known
19address. If the accused does not appear and surrender to the
20court having jurisdiction within 30 days from the date of the
21forfeiture or within such period satisfy the court that
22appearance and surrender by the accused is impossible and
23without his fault the court shall enter judgment for the State
24against the accused and his sureties for the amount of the bail
25and costs of the proceedings; however, in counties with a
26population of less than 3,000,000, if the defendant has posted

 

 

HB4052- 141 -LRB103 01905 RLC 61044 b

1a cash bond, instead of the court entering a judgment for the
2full amount of the bond the court may, in its discretion, enter
3judgment for the cash deposit on the bond, less costs, retain
4the deposit for further disposition or, if a cash bond was
5posted for failure to appear in a matter involving enforcement
6of child support or maintenance, the amount of the cash
7deposit on the bond, less outstanding costs, may be awarded to
8the person or entity to whom the child support or maintenance
9is due.
10    (h) When judgment is entered in favor of the State on any
11bail bond given for a felony or misdemeanor, or judgement for a
12political subdivision of the state on any bail bond given for a
13quasi-criminal or traffic offense, the State's Attorney or
14political subdivision's attorney shall forthwith obtain a
15certified copy of the judgment and deliver same to the sheriff
16to be enforced by levy on the stocks or bonds deposited with
17the clerk of the court and the real estate described in the
18bail bond schedule. Any cash forfeited under subsection (g) of
19this Section shall be used to satisfy the judgment and costs
20and, without necessity of levy, ordered paid into the treasury
21of the municipal corporation wherein the bail bond was taken
22if the offense was a violation of any penal ordinance of a
23political subdivision of this State, or into the treasury of
24the county wherein the bail bond was taken if the offense was a
25violation of any penal statute of this State, or to the person
26or entity to whom child support or maintenance is owed if the

 

 

HB4052- 142 -LRB103 01905 RLC 61044 b

1bond was taken for failure to appear in a matter involving
2child support or maintenance. The stocks, bonds and real
3estate shall be sold in the same manner as in sales for the
4enforcement of a judgment in civil actions and the proceeds of
5such sale shall be used to satisfy all court costs, prior
6encumbrances, if any, and from the balance a sufficient amount
7to satisfy the judgment shall be paid into the treasury of the
8municipal corporation wherein the bail bond was taken if the
9offense was a violation of any penal ordinance of a political
10subdivision of this State, or into the treasury of the county
11wherein the bail bond was taken if the offense was a violation
12of any penal statute of this State. The balance shall be
13returned to the owner. The real estate so sold may be redeemed
14in the same manner as real estate may be redeemed after
15judicial sales or sales for the enforcement of judgments in
16civil actions.
17    (i) No stocks, bonds or real estate may be used or accepted
18as bail bond security in this State more than once in any 12
19month period.
20(Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)
 
21    (725 ILCS 5/110-9)  (from Ch. 38, par. 110-9)
22    Sec. 110-9. Taking of bail by peace officer. When bail has
23been set by a judicial officer for a particular offense or
24offender any sheriff or other peace officer may take bail in
25accordance with the provisions of Section 110-7 or 110-8 of

 

 

HB4052- 143 -LRB103 01905 RLC 61044 b

1this Code and release the offender to appear in accordance
2with the conditions of the bail bond, the Notice to Appear or
3the Summons. The officer shall give a receipt to the offender
4for the bail so taken and within a reasonable time deposit such
5bail with the clerk of the court having jurisdiction of the
6offense. A sheriff or other peace officer taking bail in
7accordance with the provisions of Section 110-7 or 110-8 of
8this Code shall accept payments made in the form of currency,
9and may accept other forms of payment as the sheriff shall by
10rule authorize. For purposes of this Section, "currency" has
11the meaning provided in subsection (a) of Section 3 of the
12Currency Reporting Act.
13(Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)
 
14    (725 ILCS 5/110-13)  (from Ch. 38, par. 110-13)
15    Sec. 110-13. Persons prohibited from furnishing bail
16security. No attorney at law practicing in this State and no
17official authorized to admit another to bail or to accept bail
18shall furnish any part of any security for bail in any criminal
19action or any proceeding nor shall any such person act as
20surety for any accused admitted to bail.
21(Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)
 
22    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
23    Sec. 110-14. Credit for incarceration on bailable offense;
24credit against monetary bail for certain offenses.

 

 

HB4052- 144 -LRB103 01905 RLC 61044 b

1    (a) Any person incarcerated on a bailable offense who does
2not supply bail and against whom a fine is levied on conviction
3of the offense shall be allowed a credit of $30 for each day so
4incarcerated upon application of the defendant. However, in no
5case shall the amount so allowed or credited exceed the amount
6of the fine.
7    (b) Subsection (a) does not apply to a person incarcerated
8for sexual assault as defined in paragraph (1) of subsection
9(a) of Section 5-9-1.7 of the Unified Code of Corrections.
10    (c) A person subject to bail on a Category B offense shall
11have $30 deducted from his or her 10% cash bond amount every
12day the person is incarcerated. The sheriff shall calculate
13and apply this $30 per day reduction and send notice to the
14circuit clerk if a defendant's 10% cash bond amount is reduced
15to $0, at which point the defendant shall be released upon his
16or her own recognizance.
17    (d) The court may deny the incarceration credit in
18subsection (c) of this Section if the person has failed to
19appear as required before the court and is incarcerated based
20on a warrant for failure to appear on the same original
21criminal offense.
22(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
23101-408, eff. 1-1-20; 101-652, eff. 7-1-21.)
 
24    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
25    Sec. 110-15. Applicability of provisions for giving and

 

 

HB4052- 145 -LRB103 01905 RLC 61044 b

1taking bail. The provisions of Sections 110-7 and 110-8 of
2this Code are exclusive of other provisions of law for the
3giving, taking, or enforcement of bail. In all cases where a
4person is admitted to bail the provisions of Sections 110-7
5and 110-8 of this Code shall be applicable.
6    However, the Supreme Court may, by rule or order,
7prescribe a uniform schedule of amounts of bail in all but
8felony offenses. The uniform schedule shall not require a
9person cited for violating the Illinois Vehicle Code or a
10similar provision of a local ordinance for which a violation
11is a petty offense as defined by Section 5-1-17 of the Unified
12Code of Corrections, excluding business offenses as defined by
13Section 5-1-2 of the Unified Code of Corrections or a
14violation of Section 15-111 or subsection (d) of Section 3-401
15of the Illinois Vehicle Code, to post bond to secure bail for
16his or her release. Such uniform schedule may provide that the
17cash deposit provisions of Section 110-7 shall not apply to
18bail amounts established for alleged violations punishable by
19fine alone, and the schedule may further provide that in
20specified traffic cases a valid Illinois chauffeur's or
21operator's license must be deposited, in addition to 10% of
22the amount of the bail specified in the schedule.
23(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;
24101-652, eff. 7-1-21.)
 
25    (725 ILCS 5/110-16)  (from Ch. 38, par. 110-16)

 

 

HB4052- 146 -LRB103 01905 RLC 61044 b

1    Sec. 110-16. Bail bond-forfeiture in same case or absents
2self during trial-not bailable. If a person admitted to bail
3on a felony charge forfeits his bond and fails to appear in
4court during the 30 days immediately after such forfeiture, on
5being taken into custody thereafter he shall not be bailable
6in the case in question, unless the court finds that his
7absence was not for the purpose of obstructing justice or
8avoiding prosecution.
9(Source: P.A. 77-1447; 101-652, eff. 7-1-21.)
 
10    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
11    Sec. 110-17. Unclaimed bail deposits. Any sum of money
12deposited by any person to secure his or her release from
13custody which remains unclaimed by the person entitled to its
14return for 3 years after the conditions of the bail bond have
15been performed and the accused has been discharged from all
16obligations in the cause shall be presumed to be abandoned and
17subject to disposition under the Revised Uniform Unclaimed
18Property Act.
19(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
20101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)
 
21    (725 ILCS 5/110-18)  (from Ch. 38, par. 110-18)
22    Sec. 110-18. Reimbursement. The sheriff of each county
23shall certify to the treasurer of each county the number of
24days that persons had been detained in the custody of the

 

 

HB4052- 147 -LRB103 01905 RLC 61044 b

1sheriff without a bond being set as a result of an order
2entered pursuant to Section 110-6.1 of this Code. The county
3treasurer shall, no later than January 1, annually certify to
4the Supreme Court the number of days that persons had been
5detained without bond during the twelve-month period ending
6November 30. The Supreme Court shall reimburse, from funds
7appropriated to it by the General Assembly for such purposes,
8the treasurer of each county an amount of money for deposit in
9the county general revenue fund at a rate of $50 per day for
10each day that persons were detained in custody without bail as
11a result of an order entered pursuant to Section 110-6.1 of
12this Code.
13(Source: P.A. 85-892; 101-652, eff. 7-1-21.)
 
14    Section 30. The Rights of Crime Victims and Witnesses Act
15is amended by changing Section 4.5 as follows:
 
16    (725 ILCS 120/4.5)
17    Sec. 4.5. Procedures to implement the rights of crime
18victims. To afford crime victims their rights, law
19enforcement, prosecutors, judges, and corrections will provide
20information, as appropriate, of the following procedures:
21    (a) At the request of the crime victim, law enforcement
22authorities investigating the case shall provide notice of the
23status of the investigation, except where the State's Attorney
24determines that disclosure of such information would

 

 

HB4052- 148 -LRB103 01905 RLC 61044 b

1unreasonably interfere with the investigation, until such time
2as the alleged assailant is apprehended or the investigation
3is closed.
4    (a-5) When law enforcement authorities reopen a closed
5case to resume investigating, they shall provide notice of the
6reopening of the case, except where the State's Attorney
7determines that disclosure of such information would
8unreasonably interfere with the investigation.
9    (b) The office of the State's Attorney:
10        (1) shall provide notice of the filing of an
11    information, the return of an indictment, or the filing of
12    a petition to adjudicate a minor as a delinquent for a
13    violent crime;
14        (2) shall provide timely notice of the date, time, and
15    place of court proceedings; of any change in the date,
16    time, and place of court proceedings; and of any
17    cancellation of court proceedings. Notice shall be
18    provided in sufficient time, wherever possible, for the
19    victim to make arrangements to attend or to prevent an
20    unnecessary appearance at court proceedings;
21        (2.5) shall provide to the victim at pretrial stages
22    of the proceedings notification of all pretrial hearings,
23    all bail decisions, conditions of release related to the
24    victim's safety, the defendant's release from custody, and
25    instructions on seeking enforcement of release conditions;
26        (3) or victim advocate personnel shall provide

 

 

HB4052- 149 -LRB103 01905 RLC 61044 b

1    information of social services and financial assistance
2    available for victims of crime, including information of
3    how to apply for these services and assistance;
4        (3.5) or victim advocate personnel shall provide
5    information about available victim services, including
6    referrals to programs, counselors, and agencies that
7    assist a victim to deal with trauma, loss, and grief;
8        (4) shall assist in having any stolen or other
9    personal property held by law enforcement authorities for
10    evidentiary or other purposes returned as expeditiously as
11    possible, pursuant to the procedures set out in Section
12    115-9 of the Code of Criminal Procedure of 1963;
13        (5) or victim advocate personnel shall provide
14    appropriate employer intercession services to ensure that
15    employers of victims will cooperate with the criminal
16    justice system in order to minimize an employee's loss of
17    pay and other benefits resulting from court appearances;
18        (6) shall provide, whenever possible, a secure waiting
19    area during court proceedings that does not require
20    victims to be in close proximity to defendants or
21    juveniles accused of a violent crime, and their families
22    and friends;
23        (7) shall provide notice to the crime victim of the
24    right to have a translator present at all court
25    proceedings and, in compliance with the federal Americans
26    with Disabilities Act of 1990, the right to communications

 

 

HB4052- 150 -LRB103 01905 RLC 61044 b

1    access through a sign language interpreter or by other
2    means;
3        (8) (blank);
4        (8.5) shall inform the victim of the right to be
5    present at all court proceedings, unless the victim is to
6    testify and the court determines that the victim's
7    testimony would be materially affected if the victim hears
8    other testimony at trial;
9        (9) shall inform the victim of the right to have
10    present at all court proceedings, subject to the rules of
11    evidence and confidentiality, an advocate and other
12    support person of the victim's choice;
13        (9.3) shall inform the victim of the right to retain
14    an attorney, at the victim's own expense, who, upon
15    written notice filed with the clerk of the court and
16    State's Attorney, is to receive copies of all notices,
17    motions, and court orders filed thereafter in the case, in
18    the same manner as if the victim were a named party in the
19    case;
20        (9.5) shall inform the victim of (A) the victim's
21    right under Section 6 of this Act to make a statement at
22    the sentencing hearing; (B) the right of the victim's
23    spouse, guardian, parent, grandparent, and other immediate
24    family and household members under Section 6 of this Act
25    to present a statement at sentencing; and (C) if a
26    presentence report is to be prepared, the right of the

 

 

HB4052- 151 -LRB103 01905 RLC 61044 b

1    victim's spouse, guardian, parent, grandparent, and other
2    immediate family and household members to submit
3    information to the preparer of the presentence report
4    about the effect the offense has had on the victim and the
5    person;
6        (10) at the sentencing shall make a good faith attempt
7    to explain the minimum amount of time during which the
8    defendant may actually be physically imprisoned. The
9    Office of the State's Attorney shall further notify the
10    crime victim of the right to request from the Prisoner
11    Review Board or Department of Juvenile Justice information
12    concerning the release of the defendant;
13        (11) shall request restitution at sentencing and as
14    part of a plea agreement if the victim requests
15    restitution;
16        (12) shall, upon the court entering a verdict of not
17    guilty by reason of insanity, inform the victim of the
18    notification services available from the Department of
19    Human Services, including the statewide telephone number,
20    under subparagraph (d)(2) of this Section;
21        (13) shall provide notice within a reasonable time
22    after receipt of notice from the custodian, of the release
23    of the defendant on pretrial release or personal
24    recognizance or the release from detention of a minor who
25    has been detained;
26        (14) shall explain in nontechnical language the

 

 

HB4052- 152 -LRB103 01905 RLC 61044 b

1    details of any plea or verdict of a defendant, or any
2    adjudication of a juvenile as a delinquent;
3        (15) shall make all reasonable efforts to consult with
4    the crime victim before the Office of the State's Attorney
5    makes an offer of a plea bargain to the defendant or enters
6    into negotiations with the defendant concerning a possible
7    plea agreement, and shall consider the written statement,
8    if prepared prior to entering into a plea agreement. The
9    right to consult with the prosecutor does not include the
10    right to veto a plea agreement or to insist the case go to
11    trial. If the State's Attorney has not consulted with the
12    victim prior to making an offer or entering into plea
13    negotiations with the defendant, the Office of the State's
14    Attorney shall notify the victim of the offer or the
15    negotiations within 2 business days and confer with the
16    victim;
17        (16) shall provide notice of the ultimate disposition
18    of the cases arising from an indictment or an information,
19    or a petition to have a juvenile adjudicated as a
20    delinquent for a violent crime;
21        (17) shall provide notice of any appeal taken by the
22    defendant and information on how to contact the
23    appropriate agency handling the appeal, and how to request
24    notice of any hearing, oral argument, or decision of an
25    appellate court;
26        (18) shall provide timely notice of any request for

 

 

HB4052- 153 -LRB103 01905 RLC 61044 b

1    post-conviction review filed by the defendant under
2    Article 122 of the Code of Criminal Procedure of 1963, and
3    of the date, time and place of any hearing concerning the
4    petition. Whenever possible, notice of the hearing shall
5    be given within 48 hours of the court's scheduling of the
6    hearing;
7        (19) shall forward a copy of any statement presented
8    under Section 6 to the Prisoner Review Board or Department
9    of Juvenile Justice to be considered in making a
10    determination under Section 3-2.5-85 or subsection (b) of
11    Section 3-3-8 of the Unified Code of Corrections;
12        (20) shall, within a reasonable time, offer to meet
13    with the crime victim regarding the decision of the
14    State's Attorney not to charge an offense, and shall meet
15    with the victim, if the victim agrees. The victim has a
16    right to have an attorney, advocate, and other support
17    person of the victim's choice attend this meeting with the
18    victim; and
19        (21) shall give the crime victim timely notice of any
20    decision not to pursue charges and consider the safety of
21    the victim when deciding how to give such notice.
22    (c) The court shall ensure that the rights of the victim
23are afforded.
24    (c-5) The following procedures shall be followed to afford
25victims the rights guaranteed by Article I, Section 8.1 of the
26Illinois Constitution:

 

 

HB4052- 154 -LRB103 01905 RLC 61044 b

1        (1) Written notice. A victim may complete a written
2    notice of intent to assert rights on a form prepared by the
3    Office of the Attorney General and provided to the victim
4    by the State's Attorney. The victim may at any time
5    provide a revised written notice to the State's Attorney.
6    The State's Attorney shall file the written notice with
7    the court. At the beginning of any court proceeding in
8    which the right of a victim may be at issue, the court and
9    prosecutor shall review the written notice to determine
10    whether the victim has asserted the right that may be at
11    issue.
12        (2) Victim's retained attorney. A victim's attorney
13    shall file an entry of appearance limited to assertion of
14    the victim's rights. Upon the filing of the entry of
15    appearance and service on the State's Attorney and the
16    defendant, the attorney is to receive copies of all
17    notices, motions and court orders filed thereafter in the
18    case.
19        (3) Standing. The victim has standing to assert the
20    rights enumerated in subsection (a) of Article I, Section
21    8.1 of the Illinois Constitution and the statutory rights
22    under Section 4 of this Act in any court exercising
23    jurisdiction over the criminal case. The prosecuting
24    attorney, a victim, or the victim's retained attorney may
25    assert the victim's rights. The defendant in the criminal
26    case has no standing to assert a right of the victim in any

 

 

HB4052- 155 -LRB103 01905 RLC 61044 b

1    court proceeding, including on appeal.
2        (4) Assertion of and enforcement of rights.
3            (A) The prosecuting attorney shall assert a
4        victim's right or request enforcement of a right by
5        filing a motion or by orally asserting the right or
6        requesting enforcement in open court in the criminal
7        case outside the presence of the jury. The prosecuting
8        attorney shall consult with the victim and the
9        victim's attorney regarding the assertion or
10        enforcement of a right. If the prosecuting attorney
11        decides not to assert or enforce a victim's right, the
12        prosecuting attorney shall notify the victim or the
13        victim's attorney in sufficient time to allow the
14        victim or the victim's attorney to assert the right or
15        to seek enforcement of a right.
16            (B) If the prosecuting attorney elects not to
17        assert a victim's right or to seek enforcement of a
18        right, the victim or the victim's attorney may assert
19        the victim's right or request enforcement of a right
20        by filing a motion or by orally asserting the right or
21        requesting enforcement in open court in the criminal
22        case outside the presence of the jury.
23            (C) If the prosecuting attorney asserts a victim's
24        right or seeks enforcement of a right, unless the
25        prosecuting attorney objects or the trial court does
26        not allow it, the victim or the victim's attorney may

 

 

HB4052- 156 -LRB103 01905 RLC 61044 b

1        be heard regarding the prosecuting attorney's motion
2        or may file a simultaneous motion to assert or request
3        enforcement of the victim's right. If the victim or
4        the victim's attorney was not allowed to be heard at
5        the hearing regarding the prosecuting attorney's
6        motion, and the court denies the prosecuting
7        attorney's assertion of the right or denies the
8        request for enforcement of a right, the victim or
9        victim's attorney may file a motion to assert the
10        victim's right or to request enforcement of the right
11        within 10 days of the court's ruling. The motion need
12        not demonstrate the grounds for a motion for
13        reconsideration. The court shall rule on the merits of
14        the motion.
15            (D) The court shall take up and decide any motion
16        or request asserting or seeking enforcement of a
17        victim's right without delay, unless a specific time
18        period is specified by law or court rule. The reasons
19        for any decision denying the motion or request shall
20        be clearly stated on the record.
21            (E) No later than January 1, 2023, the Office of
22        the Attorney General shall:
23                (i) designate an administrative authority
24            within the Office of the Attorney General to
25            receive and investigate complaints relating to the
26            provision or violation of the rights of a crime

 

 

HB4052- 157 -LRB103 01905 RLC 61044 b

1            victim as described in Article I, Section 8.1 of
2            the Illinois Constitution and in this Act;
3                (ii) create and administer a course of
4            training for employees and offices of the State of
5            Illinois that fail to comply with provisions of
6            Illinois law pertaining to the treatment of crime
7            victims as described in Article I, Section 8.1 of
8            the Illinois Constitution and in this Act as
9            required by the court under Section 5 of this Act;
10            and
11                (iii) have the authority to make
12            recommendations to employees and offices of the
13            State of Illinois to respond more effectively to
14            the needs of crime victims, including regarding
15            the violation of the rights of a crime victim.
16            (F) Crime victims' rights may also be asserted by
17        filing a complaint for mandamus, injunctive, or
18        declaratory relief in the jurisdiction in which the
19        victim's right is being violated or where the crime is
20        being prosecuted. For complaints or motions filed by
21        or on behalf of the victim, the clerk of court shall
22        waive filing fees that would otherwise be owed by the
23        victim for any court filing with the purpose of
24        enforcing crime victims' rights. If the court denies
25        the relief sought by the victim, the reasons for the
26        denial shall be clearly stated on the record in the

 

 

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1        transcript of the proceedings, in a written opinion,
2        or in the docket entry, and the victim may appeal the
3        circuit court's decision to the appellate court. The
4        court shall issue prompt rulings regarding victims'
5        rights. Proceedings seeking to enforce victims' rights
6        shall not be stayed or subject to unreasonable delay
7        via continuances.
8        (5) Violation of rights and remedies.
9            (A) If the court determines that a victim's right
10        has been violated, the court shall determine the
11        appropriate remedy for the violation of the victim's
12        right by hearing from the victim and the parties,
13        considering all factors relevant to the issue, and
14        then awarding appropriate relief to the victim.
15            (A-5) Consideration of an issue of a substantive
16        nature or an issue that implicates the constitutional
17        or statutory right of a victim at a court proceeding
18        labeled as a status hearing shall constitute a per se
19        violation of a victim's right.
20            (B) The appropriate remedy shall include only
21        actions necessary to provide the victim the right to
22        which the victim was entitled. Remedies may include,
23        but are not limited to: injunctive relief requiring
24        the victim's right to be afforded; declaratory
25        judgment recognizing or clarifying the victim's
26        rights; a writ of mandamus; and may include reopening

 

 

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1        previously held proceedings; however, in no event
2        shall the court vacate a conviction. Any remedy shall
3        be tailored to provide the victim an appropriate
4        remedy without violating any constitutional right of
5        the defendant. In no event shall the appropriate
6        remedy to the victim be a new trial or damages.
7        The court shall impose a mandatory training course
8    provided by the Attorney General for the employee under
9    item (ii) of subparagraph (E) of paragraph (4), which must
10    be successfully completed within 6 months of the entry of
11    the court order.
12        This paragraph (5) takes effect January 2, 2023.
13        (6) Right to be heard. Whenever a victim has the right
14    to be heard, the court shall allow the victim to exercise
15    the right in any reasonable manner the victim chooses.
16        (7) Right to attend trial. A party must file a written
17    motion to exclude a victim from trial at least 60 days
18    prior to the date set for trial. The motion must state with
19    specificity the reason exclusion is necessary to protect a
20    constitutional right of the party, and must contain an
21    offer of proof. The court shall rule on the motion within
22    30 days. If the motion is granted, the court shall set
23    forth on the record the facts that support its finding
24    that the victim's testimony will be materially affected if
25    the victim hears other testimony at trial.
26        (8) Right to have advocate and support person present

 

 

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1    at court proceedings.
2            (A) A party who intends to call an advocate as a
3        witness at trial must seek permission of the court
4        before the subpoena is issued. The party must file a
5        written motion at least 90 days before trial that sets
6        forth specifically the issues on which the advocate's
7        testimony is sought and an offer of proof regarding
8        (i) the content of the anticipated testimony of the
9        advocate; and (ii) the relevance, admissibility, and
10        materiality of the anticipated testimony. The court
11        shall consider the motion and make findings within 30
12        days of the filing of the motion. If the court finds by
13        a preponderance of the evidence that: (i) the
14        anticipated testimony is not protected by an absolute
15        privilege; and (ii) the anticipated testimony contains
16        relevant, admissible, and material evidence that is
17        not available through other witnesses or evidence, the
18        court shall issue a subpoena requiring the advocate to
19        appear to testify at an in camera hearing. The
20        prosecuting attorney and the victim shall have 15 days
21        to seek appellate review before the advocate is
22        required to testify at an ex parte in camera
23        proceeding.
24            The prosecuting attorney, the victim, and the
25        advocate's attorney shall be allowed to be present at
26        the ex parte in camera proceeding. If, after

 

 

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1        conducting the ex parte in camera hearing, the court
2        determines that due process requires any testimony
3        regarding confidential or privileged information or
4        communications, the court shall provide to the
5        prosecuting attorney, the victim, and the advocate's
6        attorney a written memorandum on the substance of the
7        advocate's testimony. The prosecuting attorney, the
8        victim, and the advocate's attorney shall have 15 days
9        to seek appellate review before a subpoena may be
10        issued for the advocate to testify at trial. The
11        presence of the prosecuting attorney at the ex parte
12        in camera proceeding does not make the substance of
13        the advocate's testimony that the court has ruled
14        inadmissible subject to discovery.
15            (B) If a victim has asserted the right to have a
16        support person present at the court proceedings, the
17        victim shall provide the name of the person the victim
18        has chosen to be the victim's support person to the
19        prosecuting attorney, within 60 days of trial. The
20        prosecuting attorney shall provide the name to the
21        defendant. If the defendant intends to call the
22        support person as a witness at trial, the defendant
23        must seek permission of the court before a subpoena is
24        issued. The defendant must file a written motion at
25        least 45 days prior to trial that sets forth
26        specifically the issues on which the support person

 

 

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1        will testify and an offer of proof regarding: (i) the
2        content of the anticipated testimony of the support
3        person; and (ii) the relevance, admissibility, and
4        materiality of the anticipated testimony.
5            If the prosecuting attorney intends to call the
6        support person as a witness during the State's
7        case-in-chief, the prosecuting attorney shall inform
8        the court of this intent in the response to the
9        defendant's written motion. The victim may choose a
10        different person to be the victim's support person.
11        The court may allow the defendant to inquire about
12        matters outside the scope of the direct examination
13        during cross-examination. If the court allows the
14        defendant to do so, the support person shall be
15        allowed to remain in the courtroom after the support
16        person has testified. A defendant who fails to
17        question the support person about matters outside the
18        scope of direct examination during the State's
19        case-in-chief waives the right to challenge the
20        presence of the support person on appeal. The court
21        shall allow the support person to testify if called as
22        a witness in the defendant's case-in-chief or the
23        State's rebuttal.
24            If the court does not allow the defendant to
25        inquire about matters outside the scope of the direct
26        examination, the support person shall be allowed to

 

 

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1        remain in the courtroom after the support person has
2        been called by the defendant or the defendant has
3        rested. The court shall allow the support person to
4        testify in the State's rebuttal.
5            If the prosecuting attorney does not intend to
6        call the support person in the State's case-in-chief,
7        the court shall verify with the support person whether
8        the support person, if called as a witness, would
9        testify as set forth in the offer of proof. If the
10        court finds that the support person would testify as
11        set forth in the offer of proof, the court shall rule
12        on the relevance, materiality, and admissibility of
13        the anticipated testimony. If the court rules the
14        anticipated testimony is admissible, the court shall
15        issue the subpoena. The support person may remain in
16        the courtroom after the support person testifies and
17        shall be allowed to testify in rebuttal.
18            If the court excludes the victim's support person
19        during the State's case-in-chief, the victim shall be
20        allowed to choose another support person to be present
21        in court.
22            If the victim fails to designate a support person
23        within 60 days of trial and the defendant has
24        subpoenaed the support person to testify at trial, the
25        court may exclude the support person from the trial
26        until the support person testifies. If the court

 

 

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1        excludes the support person the victim may choose
2        another person as a support person.
3        (9) Right to notice and hearing before disclosure of
4    confidential or privileged information or records.
5            (A) A defendant who seeks to subpoena testimony or
6        records of or concerning the victim that are
7        confidential or privileged by law must seek permission
8        of the court before the subpoena is issued. The
9        defendant must file a written motion and an offer of
10        proof regarding the relevance, admissibility and
11        materiality of the testimony or records. If the court
12        finds by a preponderance of the evidence that:
13                (i) the testimony or records are not protected
14            by an absolute privilege and
15                (ii) the testimony or records contain
16            relevant, admissible, and material evidence that
17            is not available through other witnesses or
18            evidence, the court shall issue a subpoena
19            requiring the witness to appear in camera or a
20            sealed copy of the records be delivered to the
21            court to be reviewed in camera. If, after
22            conducting an in camera review of the witness
23            statement or records, the court determines that
24            due process requires disclosure of any potential
25            testimony or any portion of the records, the court
26            shall provide copies of the records that it

 

 

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1            intends to disclose to the prosecuting attorney
2            and the victim. The prosecuting attorney and the
3            victim shall have 30 days to seek appellate review
4            before the records are disclosed to the defendant,
5            used in any court proceeding, or disclosed to
6            anyone or in any way that would subject the
7            testimony or records to public review. The
8            disclosure of copies of any portion of the
9            testimony or records to the prosecuting attorney
10            under this Section does not make the records
11            subject to discovery or required to be provided to
12            the defendant.
13            (B) A prosecuting attorney who seeks to subpoena
14        information or records concerning the victim that are
15        confidential or privileged by law must first request
16        the written consent of the crime victim. If the victim
17        does not provide such written consent, including where
18        necessary the appropriate signed document required for
19        waiving privilege, the prosecuting attorney must serve
20        the subpoena at least 21 days prior to the date a
21        response or appearance is required to allow the
22        subject of the subpoena time to file a motion to quash
23        or request a hearing. The prosecuting attorney must
24        also send a written notice to the victim at least 21
25        days prior to the response date to allow the victim to
26        file a motion or request a hearing. The notice to the

 

 

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1        victim shall inform the victim (i) that a subpoena has
2        been issued for confidential information or records
3        concerning the victim, (ii) that the victim has the
4        right to request a hearing prior to the response date
5        of the subpoena, and (iii) how to request the hearing.
6        The notice to the victim shall also include a copy of
7        the subpoena. If requested, a hearing regarding the
8        subpoena shall occur before information or records are
9        provided to the prosecuting attorney.
10        (10) Right to notice of court proceedings. If the
11    victim is not present at a court proceeding in which a
12    right of the victim is at issue, the court shall ask the
13    prosecuting attorney whether the victim was notified of
14    the time, place, and purpose of the court proceeding and
15    that the victim had a right to be heard at the court
16    proceeding. If the court determines that timely notice was
17    not given or that the victim was not adequately informed
18    of the nature of the court proceeding, the court shall not
19    rule on any substantive issues, accept a plea, or impose a
20    sentence and shall continue the hearing for the time
21    necessary to notify the victim of the time, place and
22    nature of the court proceeding. The time between court
23    proceedings shall not be attributable to the State under
24    Section 103-5 of the Code of Criminal Procedure of 1963.
25        (11) Right to timely disposition of the case. A victim
26    has the right to timely disposition of the case so as to

 

 

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1    minimize the stress, cost, and inconvenience resulting
2    from the victim's involvement in the case. Before ruling
3    on a motion to continue trial or other court proceeding,
4    the court shall inquire into the circumstances for the
5    request for the delay and, if the victim has provided
6    written notice of the assertion of the right to a timely
7    disposition, and whether the victim objects to the delay.
8    If the victim objects, the prosecutor shall inform the
9    court of the victim's objections. If the prosecutor has
10    not conferred with the victim about the continuance, the
11    prosecutor shall inform the court of the attempts to
12    confer. If the court finds the attempts of the prosecutor
13    to confer with the victim were inadequate to protect the
14    victim's right to be heard, the court shall give the
15    prosecutor at least 3 but not more than 5 business days to
16    confer with the victim. In ruling on a motion to continue,
17    the court shall consider the reasons for the requested
18    continuance, the number and length of continuances that
19    have been granted, the victim's objections and procedures
20    to avoid further delays. If a continuance is granted over
21    the victim's objection, the court shall specify on the
22    record the reasons for the continuance and the procedures
23    that have been or will be taken to avoid further delays.
24        (12) Right to Restitution.
25            (A) If the victim has asserted the right to
26        restitution and the amount of restitution is known at

 

 

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1        the time of sentencing, the court shall enter the
2        judgment of restitution at the time of sentencing.
3            (B) If the victim has asserted the right to
4        restitution and the amount of restitution is not known
5        at the time of sentencing, the prosecutor shall,
6        within 5 days after sentencing, notify the victim what
7        information and documentation related to restitution
8        is needed and that the information and documentation
9        must be provided to the prosecutor within 45 days
10        after sentencing. Failure to timely provide
11        information and documentation related to restitution
12        shall be deemed a waiver of the right to restitution.
13        The prosecutor shall file and serve within 60 days
14        after sentencing a proposed judgment for restitution
15        and a notice that includes information concerning the
16        identity of any victims or other persons seeking
17        restitution, whether any victim or other person
18        expressly declines restitution, the nature and amount
19        of any damages together with any supporting
20        documentation, a restitution amount recommendation,
21        and the names of any co-defendants and their case
22        numbers. Within 30 days after receipt of the proposed
23        judgment for restitution, the defendant shall file any
24        objection to the proposed judgment, a statement of
25        grounds for the objection, and a financial statement.
26        If the defendant does not file an objection, the court

 

 

HB4052- 169 -LRB103 01905 RLC 61044 b

1        may enter the judgment for restitution without further
2        proceedings. If the defendant files an objection and
3        either party requests a hearing, the court shall
4        schedule a hearing.
5        (13) Access to presentence reports.
6            (A) The victim may request a copy of the
7        presentence report prepared under the Unified Code of
8        Corrections from the State's Attorney. The State's
9        Attorney shall redact the following information before
10        providing a copy of the report:
11                (i) the defendant's mental history and
12            condition;
13                (ii) any evaluation prepared under subsection
14            (b) or (b-5) of Section 5-3-2; and
15                (iii) the name, address, phone number, and
16            other personal information about any other victim.
17            (B) The State's Attorney or the defendant may
18        request the court redact other information in the
19        report that may endanger the safety of any person.
20            (C) The State's Attorney may orally disclose to
21        the victim any of the information that has been
22        redacted if there is a reasonable likelihood that the
23        information will be stated in court at the sentencing.
24            (D) The State's Attorney must advise the victim
25        that the victim must maintain the confidentiality of
26        the report and other information. Any dissemination of

 

 

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1        the report or information that was not stated at a
2        court proceeding constitutes indirect criminal
3        contempt of court.
4        (14) Appellate relief. If the trial court denies the
5    relief requested, the victim, the victim's attorney, or
6    the prosecuting attorney may file an appeal within 30 days
7    of the trial court's ruling. The trial or appellate court
8    may stay the court proceedings if the court finds that a
9    stay would not violate a constitutional right of the
10    defendant. If the appellate court denies the relief
11    sought, the reasons for the denial shall be clearly stated
12    in a written opinion. In any appeal in a criminal case, the
13    State may assert as error the court's denial of any crime
14    victim's right in the proceeding to which the appeal
15    relates.
16        (15) Limitation on appellate relief. In no case shall
17    an appellate court provide a new trial to remedy the
18    violation of a victim's right.
19        (16) The right to be reasonably protected from the
20    accused throughout the criminal justice process and the
21    right to have the safety of the victim and the victim's
22    family considered in determining whether to release the
23    defendant, and setting conditions of release after arrest
24    and conviction. A victim of domestic violence, a sexual
25    offense, or stalking may request the entry of a protective
26    order under Article 112A of the Code of Criminal Procedure

 

 

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1    of 1963.
2    (d) Procedures after the imposition of sentence.
3        (1) The Prisoner Review Board shall inform a victim or
4    any other concerned citizen, upon written request, of the
5    prisoner's release on parole, mandatory supervised
6    release, electronic detention, work release, international
7    transfer or exchange, or by the custodian, other than the
8    Department of Juvenile Justice, of the discharge of any
9    individual who was adjudicated a delinquent for a crime
10    from State custody and by the sheriff of the appropriate
11    county of any such person's final discharge from county
12    custody. The Prisoner Review Board, upon written request,
13    shall provide to a victim or any other concerned citizen a
14    recent photograph of any person convicted of a felony,
15    upon his or her release from custody. The Prisoner Review
16    Board, upon written request, shall inform a victim or any
17    other concerned citizen when feasible at least 7 days
18    prior to the prisoner's release on furlough of the times
19    and dates of such furlough. Upon written request by the
20    victim or any other concerned citizen, the State's
21    Attorney shall notify the person once of the times and
22    dates of release of a prisoner sentenced to periodic
23    imprisonment. Notification shall be based on the most
24    recent information as to the victim's or other concerned
25    citizen's residence or other location available to the
26    notifying authority.

 

 

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1        (2) When the defendant has been committed to the
2    Department of Human Services pursuant to Section 5-2-4 or
3    any other provision of the Unified Code of Corrections,
4    the victim may request to be notified by the releasing
5    authority of the approval by the court of an on-grounds
6    pass, a supervised off-grounds pass, an unsupervised
7    off-grounds pass, or conditional release; the release on
8    an off-grounds pass; the return from an off-grounds pass;
9    transfer to another facility; conditional release; escape;
10    death; or final discharge from State custody. The
11    Department of Human Services shall establish and maintain
12    a statewide telephone number to be used by victims to make
13    notification requests under these provisions and shall
14    publicize this telephone number on its website and to the
15    State's Attorney of each county.
16        (3) In the event of an escape from State custody, the
17    Department of Corrections or the Department of Juvenile
18    Justice immediately shall notify the Prisoner Review Board
19    of the escape and the Prisoner Review Board shall notify
20    the victim. The notification shall be based upon the most
21    recent information as to the victim's residence or other
22    location available to the Board. When no such information
23    is available, the Board shall make all reasonable efforts
24    to obtain the information and make the notification. When
25    the escapee is apprehended, the Department of Corrections
26    or the Department of Juvenile Justice immediately shall

 

 

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1    notify the Prisoner Review Board and the Board shall
2    notify the victim.
3        (4) The victim of the crime for which the prisoner has
4    been sentenced has the right to register with the Prisoner
5    Review Board's victim registry. Victims registered with
6    the Board shall receive reasonable written notice not less
7    than 30 days prior to the parole hearing or target
8    aftercare release date. The victim has the right to submit
9    a victim statement for consideration by the Prisoner
10    Review Board or the Department of Juvenile Justice in
11    writing, on film, videotape, or other electronic means, or
12    in the form of a recording prior to the parole hearing or
13    target aftercare release date, or in person at the parole
14    hearing or aftercare release protest hearing, or by
15    calling the toll-free number established in subsection (f)
16    of this Section. The victim shall be notified within 7
17    days after the prisoner has been granted parole or
18    aftercare release and shall be informed of the right to
19    inspect the registry of parole decisions, established
20    under subsection (g) of Section 3-3-5 of the Unified Code
21    of Corrections. The provisions of this paragraph (4) are
22    subject to the Open Parole Hearings Act. Victim statements
23    provided to the Board shall be confidential and
24    privileged, including any statements received prior to
25    January 1, 2020 (the effective date of Public Act
26    101-288), except if the statement was an oral statement

 

 

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1    made by the victim at a hearing open to the public.
2        (4-1) The crime victim has the right to submit a
3    victim statement for consideration by the Prisoner Review
4    Board or the Department of Juvenile Justice prior to or at
5    a hearing to determine the conditions of mandatory
6    supervised release of a person sentenced to a determinate
7    sentence or at a hearing on revocation of mandatory
8    supervised release of a person sentenced to a determinate
9    sentence. A victim statement may be submitted in writing,
10    on film, videotape, or other electronic means, or in the
11    form of a recording, or orally at a hearing, or by calling
12    the toll-free number established in subsection (f) of this
13    Section. Victim statements provided to the Board shall be
14    confidential and privileged, including any statements
15    received prior to January 1, 2020 (the effective date of
16    Public Act 101-288), except if the statement was an oral
17    statement made by the victim at a hearing open to the
18    public.
19        (4-2) The crime victim has the right to submit a
20    victim statement to the Prisoner Review Board for
21    consideration at an executive clemency hearing as provided
22    in Section 3-3-13 of the Unified Code of Corrections. A
23    victim statement may be submitted in writing, on film,
24    videotape, or other electronic means, or in the form of a
25    recording prior to a hearing, or orally at a hearing, or by
26    calling the toll-free number established in subsection (f)

 

 

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1    of this Section. Victim statements provided to the Board
2    shall be confidential and privileged, including any
3    statements received prior to January 1, 2020 (the
4    effective date of Public Act 101-288), except if the
5    statement was an oral statement made by the victim at a
6    hearing open to the public.
7        (5) If a statement is presented under Section 6, the
8    Prisoner Review Board or Department of Juvenile Justice
9    shall inform the victim of any order of discharge pursuant
10    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
11    Corrections.
12        (6) At the written or oral request of the victim of the
13    crime for which the prisoner was sentenced or the State's
14    Attorney of the county where the person seeking parole or
15    aftercare release was prosecuted, the Prisoner Review
16    Board or Department of Juvenile Justice shall notify the
17    victim and the State's Attorney of the county where the
18    person seeking parole or aftercare release was prosecuted
19    of the death of the prisoner if the prisoner died while on
20    parole or aftercare release or mandatory supervised
21    release.
22        (7) When a defendant who has been committed to the
23    Department of Corrections, the Department of Juvenile
24    Justice, or the Department of Human Services is released
25    or discharged and subsequently committed to the Department
26    of Human Services as a sexually violent person and the

 

 

HB4052- 176 -LRB103 01905 RLC 61044 b

1    victim had requested to be notified by the releasing
2    authority of the defendant's discharge, conditional
3    release, death, or escape from State custody, the
4    releasing authority shall provide to the Department of
5    Human Services such information that would allow the
6    Department of Human Services to contact the victim.
7        (8) When a defendant has been convicted of a sex
8    offense as defined in Section 2 of the Sex Offender
9    Registration Act and has been sentenced to the Department
10    of Corrections or the Department of Juvenile Justice, the
11    Prisoner Review Board or the Department of Juvenile
12    Justice shall notify the victim of the sex offense of the
13    prisoner's eligibility for release on parole, aftercare
14    release, mandatory supervised release, electronic
15    detention, work release, international transfer or
16    exchange, or by the custodian of the discharge of any
17    individual who was adjudicated a delinquent for a sex
18    offense from State custody and by the sheriff of the
19    appropriate county of any such person's final discharge
20    from county custody. The notification shall be made to the
21    victim at least 30 days, whenever possible, before release
22    of the sex offender.
23    (e) The officials named in this Section may satisfy some
24or all of their obligations to provide notices and other
25information through participation in a statewide victim and
26witness notification system established by the Attorney

 

 

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1General under Section 8.5 of this Act.
2    (f) The Prisoner Review Board shall establish a toll-free
3number that may be accessed by the crime victim to present a
4victim statement to the Board in accordance with paragraphs
5(4), (4-1), and (4-2) of subsection (d).
6(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
7101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
88-20-21; 102-813, eff. 5-13-22.)
 
9    Section 35. The Pretrial Services Act is amended by adding
10Sections 8.1 and 8.2 as follows:
 
11    (725 ILCS 185/8.1 new)
12    Sec. 8.1. Additional duties of pretrial services agencies.
13    (a) Pretrial services agencies shall perform such duties
14as prescribed to them by the Code of Criminal Procedure of
151963.
16    (b) Pretrial services agencies shall implement a system of
17court date reminders, including location, date, and time of
18the court appearance. Reminders shall be provided one to 3
19days prior to each scheduled court appearance.
20    (c) Electronic monitoring is available for pretrial
21detention. "Electronic monitoring" has the meaning ascribed to
22it in Section 5-8A-2 of the Unified Code of Corrections.
 
23    (725 ILCS 185/8.2 new)

 

 

HB4052- 178 -LRB103 01905 RLC 61044 b

1    Sec. 8.2. Administrative Office of the Illinois Courts;
2data; additional duties; criminal justice coordinating
3councils.
4    (a) The Administrative Office of the Illinois Courts
5shall:
6        (1) develop a process to evaluate and improve the
7    quality, completeness and availability of data needed and
8    collected to evaluate the use of electronic monitoring and
9    its impact on pretrial success;
10        (2) establish and adopt performance measurements to
11    analyze the criminal justice system's effectiveness in
12    administering pretrial justice;
13        (3) adopt the following goals of performance
14    measurements in identifying data metrics:
15            (A) highlight opportunities for pretrial system
16        improvements;
17            (B) obtain a view of the landscape of pretrial in
18        this State;
19            (C) allow for county comparisons;
20            (D) highlight data collection issues and quality;
21        and
22            (E) identify model and high functioning county
23        systems;
24        (4) establish a Pretrial Division to assist and
25    support statewide implementation of pretrial
26    recommendations. The pretrial services component shall

 

 

HB4052- 179 -LRB103 01905 RLC 61044 b

1    have a clearly defined, pretrial service-related function
2    as its purpose. Pretrial staff shall be assigned only to
3    pretrial-related work with pretrial defendants. Pretrial
4    component management can make independent decisions on
5    budget, staffing, and policy;
6        (5) allow for agreements with external research
7    entities such as the Illinois Criminal Justice Information
8    Authority or universities to use the data to further study
9    pretrial practices, risk assessment instrument development
10    and validation. Training shall include the utility of risk
11    assessment instruments, offered not only for those who
12    will implement the instruments, but those receiving the
13    results, including judges, prosecutors, and defense
14    counsel;
15        (6) encourage collaborative training with judges,
16    probation, and pretrial service agencies through the
17    Illinois Judicial College;
18        (7) partner with other stakeholder organizations to
19    provide joint training regarding legal and evidence-based
20    pretrial practices;
21        (8) create and maintain a central repository on the
22    Illinois Courts website, available to all criminal justice
23    stakeholders, the public and media, to easily access
24    information regarding pretrial reform; and
25        (9) create a traveling press team to visit editorial
26    boards at the State's major media outlets and provide

 

 

HB4052- 180 -LRB103 01905 RLC 61044 b

1    education, training, and outcome data of pretrial decision
2    making.
3    (b) Each of the 24 judicial circuits shall create a
4criminal justice coordinating council, to interface with other
5criminal justice stakeholders. The Chief Judge of each circuit
6shall chair the criminal justice coordinating council in his
7or her circuit.
 
8    Section 40. The Unified Code of Corrections is amended by
9changing Sections 5-8A-3 and 5-8A-7 and by adding Section
105-8A-10 as follows:
 
11    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
12    Sec. 5-8A-3. Application.
13    (a) Except as provided in subsection (d), a person charged
14with or convicted of an excluded offense may not be placed in
15an electronic monitoring or home detention program, except for
16bond pending trial or appeal or while on parole, aftercare
17release, or mandatory supervised release.
18    (b) A person serving a sentence for a conviction of a Class
191 felony, other than an excluded offense, may be placed in an
20electronic monitoring or home detention program for a period
21not to exceed the last 90 days of incarceration.
22    (c) A person serving a sentence for a conviction of a Class
23X felony, other than an excluded offense, may be placed in an
24electronic monitoring or home detention program for a period

 

 

HB4052- 181 -LRB103 01905 RLC 61044 b

1not to exceed the last 90 days of incarceration, provided that
2the person was sentenced on or after August 11, 1993 (the
3effective date of Public Act 88-311) and provided that the
4court has not prohibited the program for the person in the
5sentencing order.
6    (d) A person serving a sentence for conviction of an
7offense other than for predatory criminal sexual assault of a
8child, aggravated criminal sexual assault, criminal sexual
9assault, aggravated criminal sexual abuse, or felony criminal
10sexual abuse, may be placed in an electronic monitoring or
11home detention program for a period not to exceed the last 12
12months of incarceration, provided that (i) the person is 55
13years of age or older; (ii) the person is serving a determinate
14sentence; (iii) the person has served at least 25% of the
15sentenced prison term; and (iv) placement in an electronic
16monitoring or home detention program is approved by the
17Prisoner Review Board or the Department of Juvenile Justice.
18    (e) A person serving a sentence for conviction of a Class
192, 3, or 4 felony offense which is not an excluded offense may
20be placed in an electronic monitoring or home detention
21program pursuant to Department administrative directives.
22These directives shall encourage inmates to apply for
23electronic detention to incentivize positive behavior and
24program participation prior to and following their return to
25the community, consistent with Section 5-8A-4.2 of this Code.
26These directives shall not prohibit application solely for

 

 

HB4052- 182 -LRB103 01905 RLC 61044 b

1prior mandatory supervised release violation history,
2outstanding municipal warrants, current security
3classification, and prior criminal history, though these
4factors may be considered when reviewing individual
5applications in conjunction with additional factors, such as
6the applicant's institution behavior, program participation,
7and reentry plan.
8    (f) Applications for electronic monitoring or home
9detention may include the following:
10        (1) pretrial or pre-adjudicatory detention;
11        (2) probation;
12        (3) conditional discharge;
13        (4) periodic imprisonment;
14        (5) parole, aftercare release, or mandatory supervised
15    release;
16        (6) work release;
17        (7) furlough; or
18        (8) post-trial incarceration.
19    (g) A person convicted of an offense described in clause
20(4) or (5) of subsection (d) of Section 5-8-1 of this Code
21shall be placed in an electronic monitoring or home detention
22program for at least the first 2 years of the person's
23mandatory supervised release term.
24(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
25100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff.
261-8-18.)
 

 

 

HB4052- 183 -LRB103 01905 RLC 61044 b

1    (730 ILCS 5/5-8A-7)
2    Sec. 5-8A-7. Domestic violence surveillance program. If
3the Prisoner Review Board, Department of Corrections,
4Department of Juvenile Justice, or court (the supervising
5authority) orders electronic surveillance as a condition of
6parole, aftercare release, mandatory supervised release, early
7release, probation, or conditional discharge for a violation
8of an order of protection or as a condition of pretrial release
9for a person charged with a violation of one or more felony
10statutes of any jurisdiction which would be a forcible felony
11in Illinois or a Class 2 or greater offense under the Illinois
12Controlled Substances Act, the Cannabis Control Act, or the
13Methamphetamine Control and Community Protection Act and the
14defendant is on bail for the alleged commission of a felony, or
15where the defendant is on bail for a felony domestic battery
16(enhanced pursuant to subsection (b) of Section 12-3.2 of the
17Criminal Code of 1961 or the Criminal Code of 2012),
18aggravated domestic battery, aggravated battery, unlawful
19restraint, aggravated unlawful restraint or domestic battery
20in violation of item (1) of subsection (a) of Section 12-3.2 of
21the Criminal Code of 1961 or the Criminal Code of 2012 against
22a family or household member as defined in Section 112A-3 of
23this Code and the violation is an offense of domestic battery
24against the same victim or a violation of an order of
25protection, the supervising authority shall use the best

 

 

HB4052- 184 -LRB103 01905 RLC 61044 b

1available global positioning technology to track domestic
2violence offenders, if available and reliable in the
3supervising authority's jurisdiction. Best available
4technology must have real-time and interactive capabilities
5that facilitate the following objectives: (1) immediate
6notification to the supervising authority of a breach of a
7court ordered exclusion zone; (2) notification of the breach
8to the offender; and (3) communication between the supervising
9authority, law enforcement, and the victim, regarding the
10breach. The supervising authority may also require that the
11electronic surveillance ordered under this Section monitor the
12consumption of alcohol or drugs.
13(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.
 
21    Section 99. Effective date. This Act takes effect June 1,
222025.

 

 

HB4052- 185 -LRB103 01905 RLC 61044 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/1.43
4    725 ILCS 5/102-6from Ch. 38, par. 102-6
5    725 ILCS 5/102-7from Ch. 38, par. 102-7
6    725 ILCS 5/103-1from Ch. 38, par. 103-1
7    725 ILCS 5/103-5from Ch. 38, par. 103-5
8    725 ILCS 5/103-7from Ch. 38, par. 103-7
9    725 ILCS 5/103-9from Ch. 38, par. 103-9
10    725 ILCS 5/104-13from Ch. 38, par. 104-13
11    725 ILCS 5/104-17from Ch. 38, par. 104-17
12    725 ILCS 5/106D-1
13    725 ILCS 5/107-4from Ch. 38, par. 107-4
14    725 ILCS 5/107-9from Ch. 38, par. 107-9
15    725 ILCS 5/109-1from Ch. 38, par. 109-1
16    725 ILCS 5/109-2from Ch. 38, par. 109-2
17    725 ILCS 5/109-3from Ch. 38, par. 109-3
18    725 ILCS 5/109-3.1from Ch. 38, par. 109-3.1
19    725 ILCS 5/Art. 110
20    heading
21    725 ILCS 5/110-1from Ch. 38, par. 110-1
22    725 ILCS 5/110-1.1 new
23    725 ILCS 5/110-2from Ch. 38, par. 110-2
24    725 ILCS 5/110-3from Ch. 38, par. 110-3
25    725 ILCS 5/110-4from Ch. 38, par. 110-4

 

 

HB4052- 186 -LRB103 01905 RLC 61044 b

1    725 ILCS 5/110-5from Ch. 38, par. 110-5
2    725 ILCS 5/110-5.2
3    725 ILCS 5/110-6from Ch. 38, par. 110-6
4    725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1
5    725 ILCS 5/110-6.2from Ch. 38, par. 110-6.2
6    725 ILCS 5/110-6.4
7    725 ILCS 5/110-7.1 new
8    725 ILCS 5/110-10from Ch. 38, par. 110-10
9    725 ILCS 5/110-11from Ch. 38, par. 110-11
10    725 ILCS 5/110-12from Ch. 38, par. 110-12
11    725 ILCS 5/111-2from Ch. 38, par. 111-2
12    725 ILCS 5/112A-23from Ch. 38, par. 112A-23
13    725 ILCS 5/114-1from Ch. 38, par. 114-1
14    725 ILCS 5/115-4.1from Ch. 38, par. 115-4.1
15    725 ILCS 5/122-6from Ch. 38, par. 122-6
16    725 ILCS 5/110-1.5 rep.
17    725 ILCS 5/103-2from Ch. 38, par. 103-2
18    725 ILCS 5/103-3from Ch. 38, par. 103-3
19    725 ILCS 5/108-8from Ch. 38, par. 108-8
20    725 ILCS 5/110-6.3from Ch. 38, par. 110-6.3
21    725 ILCS 5/110-7from Ch. 38, par. 110-7
22    725 ILCS 5/110-8from Ch. 38, par. 110-8
23    725 ILCS 5/110-9from Ch. 38, par. 110-9
24    725 ILCS 5/110-13from Ch. 38, par. 110-13
25    725 ILCS 5/110-14from Ch. 38, par. 110-14
26    725 ILCS 5/110-15from Ch. 38, par. 110-15

 

 

HB4052- 187 -LRB103 01905 RLC 61044 b

1    725 ILCS 5/110-16from Ch. 38, par. 110-16
2    725 ILCS 5/110-17from Ch. 38, par. 110-17
3    725 ILCS 5/110-18from Ch. 38, par. 110-18
4    725 ILCS 120/4.5
5    725 ILCS 185/8.1 new
6    725 ILCS 185/8.2 new
7    730 ILCS 5/5-8A-3from Ch. 38, par. 1005-8A-3
8    730 ILCS 5/5-8A-7