Illinois General Assembly - Full Text of HB3347
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Full Text of HB3347  101st General Assembly

HB3347 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3347

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Criminal Justice Information Act. Requires the Authority to produce a monthly Pretrial Order Report, Pretrial Bail Proceeds Report, and Pretrial Custody and Release Report. Specifies requirements for these reports. Provides that the Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted. Amends the Counties Code and the Clerk of Courts Act to require certain reporting requirements. Amends the Criminal Code of 2012. Changes violation of bail bond to violation of conditions of pre-trial release. Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail under the Code, except under the Uniform Criminal Extradition Act. Provides for considerations for granting and denying pre-trial release. Provides that a person arrested with or without a warrant on an offense for which pre-trial release may not be denied shall, except as otherwise provided, be released by the officer without appearing before a judge. Provides that the court may use a regularly validated risk assessment tool to determine conditions of release. Provides that if a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. Makes other changes. Effective immediately.


LRB101 11167 SLF 56405 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3347LRB101 11167 SLF 56405 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 Illinois Criminal Justice Information Act is
5amended by adding Sections 7.7 and 7.8 as follows:
 
6    (20 ILCS 3930/7.7 new)
7    Sec. 7.7. Pretrial Order Report.
8    (a) The Authority shall produce a monthly Pretrial Order
9Report for the circuit court of each county with aggregated
10data about the initial pretrial release hearings completed in
11each county within the previous month. The Authority shall
12collect the data needed for the Report and shall provide a data
13submission form for the clerks of the circuit courts and the
14sheriffs of each county to use for their submissions.
15    (b) The Authority shall post each county's monthly Pretrial
16Order Report, Pretrial Custody and Release Report, and Pretrial
17Bail Proceeds Report on the Authority's website on a monthly
18basis and those reports shall remain on the website for at
19least 5 years after being posted.
20    (c) The monthly Pretrial Order Report for the circuit court
21of each county shall include the total number of initial
22pretrial bond hearings conducted in that county, and of those
23hearings:

 

 

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1        (1) The number of hearings in which the court ordered
2    release on personal recognizance. Of the number of hearings
3    in which the court ordered release on personal
4    recognizance, the Report shall include the following:
5            (A) the number of hearings in which the court
6        ordered release on personal recognizance without any
7        of the other conditions under subsection (b) of Section
8        110-10 of the Code of Criminal Procedure of 1963;
9            (B) the number of hearings in which the court
10        ordered release on personal recognizance with any
11        other conditions under subsection (b) of Section
12        110-10 of the Code of Criminal Procedure of 1963;
13            (C) the number of hearings in which the court
14        ordered release on personal recognizance with the
15        condition under paragraph (12) of subsection (b) of
16        Section 110-10 of the Code of Criminal Procedure of
17        1963;
18            (D) the number of hearings in which the court
19        ordered release on personal recognizance with the
20        condition of electronic monitoring;
21            (E) the number of hearings in which the court
22        ordered release on personal recognizance with the
23        condition under paragraph (14) of subsection (b) of
24        Section 110-10 of the Code of Criminal Procedure of
25        1963 or a sheriff's office; and
26            (F) the number of hearings in which the court

 

 

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1        ordered release on personal recognizance with the
2        condition under paragraph (16) of subsection (b) of
3        Section 110-10 of the Code of Criminal Procedure of
4        1963.
5        (2) The number of bond hearings in which the court
6    ordered the posting of monetary bail secured by 10% of the
7    bail amount. For such cases, the Report shall include:
8            (A) a breakdown of the dollar amount of the
9        monetary bail orders by mean, median, 25th percentile,
10        and 75th percentile;
11            (B) the number of hearings in which the court
12        ordered the posting of monetary bail without any of the
13        other conditions under subsection (b) of Section
14        110-10 of the Code of Criminal Procedure of 1963;
15            (C) the number of hearings in which the court
16        ordered the posting on monetary bail with any of the
17        other conditions under subsection (b) of Section
18        110-10 of the Code of Criminal Procedure of 1963;
19            (D) the number of hearings in which the court
20        ordered the posting of monetary bail with the condition
21        under paragraph (12) of subsection (b) of Section
22        110-10 of the Code of Criminal Procedure of 1963;
23            (E) the number of hearings in which the court
24        ordered the posting of monetary bail with the condition
25        of electronic monitoring under paragraph (13) of
26        subsection (b) of Section 110-10 of the Code of

 

 

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1        Criminal Procedure of 1963;
2            (F) the number of hearings in which the court
3        ordered the posting of monetary bail with the condition
4        of electronic monitoring under paragraph (14) of
5        subsection (b) of Section 110-10 of the Code of
6        Criminal Procedure of 1963 or a sheriff's office;
7            (G) the number of hearings in which the court
8        ordered the posting of monetary bail with the condition
9        under paragraph (16) of subsection (b) of Section
10        110-10 of the Code of Criminal Procedure of 1963;
11            (H) the number of hearings in which the court
12        ordered the posting of monetary bail to secure release
13        from electronic monitoring.
14        (3) The number of hearings in which the court ordered
15    the posting of monetary bail secured by 100% of the bail
16    amount.
17        (4) The number of hearings in which the court denied
18    bail and ordered detention.
19        (5) Anonymously by judge, the number of bail orders by
20    type:
21            (A) release on personal recognizance;
22            (B) release based on posting of monetary bail
23        secured by 10% of the bail amount;
24            (C) release based on posting monetary bail secured
25        by 100% of the bail amount;
26            (D) release on personal recognizance with

 

 

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1        electronic monitoring as a condition of release under
2        Section 110-10 of the Code of Criminal Procedure of
3        1963; and
4            (E) denied bail.
 
5    (20 ILCS 3930/7.8 new)
6    Sec. 7.8. Pretrial Custody and Release Report.
7    (a) The Authority shall produce a monthly Pretrial Custody
8and Release Report for each county with aggregated data about
9the individuals in jail custody awaiting trial or on electronic
10monitoring awaiting trial in each county within the previous
11month. The Authority shall collect data needed for the Report
12from county sheriffs and shall provide a data submission form
13for the sheriffs to use for their submissions. The Authority
14shall post each county's monthly Report on the Authority's
15website on a monthly basis and the Report shall remain on the
16website for at least 5 years after being posted.
17    (b) The monthly Pretrial Custody and Release Report shall
18record the following pretrial admissions data for defendants
19admitted into the sheriff's custody during the previous month:
20        (1) the number of defendants admitted to jail, broken
21    down by demographic variables including race or ethnicity,
22    age, and sex;
23        (2) the number of defendants admitted whose most
24    serious current charge is a forcible felony as defined
25    under Section 2-8 of the Criminal Code of 2012;

 

 

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1        (3) the number of defendants admitted whose most
2    serious current charge is a felony;
3        (4) the number of defendants admitted whose most
4    serious current charge is a misdemeanor; and
5        (5) the number of defendants admitted who received a
6    monetary bail order and the number of defendants admitted
7    who were denied bail.
8    (c) The monthly Pretrial Custody and Release Report shall
9record the following jail population data as of the last day of
10the prior month:
11        (1) the total jail population, broken down by
12    demographic variables including race or ethnicity, age,
13    and sex;
14        (2) the number of individuals detained in jail pretrial
15    and the number of individuals detained in jail for all
16    other reasons;
17        (3) the number of defendants admitted whose most
18    serious current charge is a forcible felony as defined
19    under Section 2-8 of the Criminal Code of 2012;
20        (4) the number of individuals detained in jail pretrial
21    whose most serious current charge is a felony;
22        (5) the number of individuals detained in jail pretrial
23    whose most serious current charge is a misdemeanor;
24        (6) the total pretrial jail population by average and
25    median length in custody;
26        (7) the total pretrial jail population by the number of

 

 

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1    defendants ordered monetary bail and the number of
2    defendants denied bail; and
3        (8) the number of individuals detained in jail pretrial
4    who did not pay the monetary bail amount ordered, and of
5    those detainees, the mean, median, 25th percentile, and
6    75th percentile of the ordered bail amounts.
7    (d) The monthly Pretrial Custody and Release Report shall
8record the following discharge data for pretrial defendants
9released from the sheriff's custody during the previous month:
10        (1) the number of pretrial defendants discharged by the
11    following disposition types:
12            (A) convicted of a felony and sent to the Illinois
13        Department of Corrections;
14            (B) convicted of a misdemeanor and released on time
15        served;
16            (C) convicted of a felony or misdemeanor and given
17        a sentence of probation, conditional discharge, or
18        supervision;
19            (D) posted a monetary bond;
20            (E) released on personal recognizance bond or
21        electronic monitoring;
22            (F) released under earned credit, as defined in
23        Section 110-14 of the Code of Criminal Procedure of
24        1963;
25            (G) charged dismissed or any other non-conviction
26        resolution, including, but not limited to, deferred

 

 

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1        prosecution;
2        (2) the average and median length of stay of pretrial
3    defendants; and
4        (3) the number of individuals discharged after
5    spending 2 days or less in jail.
6    (e) The monthly Pretrial Custody and Release Report shall
7record the following data from the sheriff's electronic
8monitoring program as of the last day of the prior month:
9        (1) the total number of individuals under the sheriff's
10    supervision on electronic monitoring;
11        (2) the demographics of the individuals on electronic
12    monitoring including breakdowns of race or ethnicity, age,
13    and sex;
14        (3) the number of individuals on electronic monitoring
15    whose most serious current charge is a felony;
16        (4) the number of individuals on electronic monitoring
17    whose most serious current charge is a misdemeanor; and
18        (5) the average and median length of time spent on
19    electronic monitoring.
20    (f) In order to determine the effectiveness of pretrial
21release policies, the monthly Pretrial Custody and Release
22Report shall include information about defendants released
23from custody while awaiting trial. The Report shall include the
24following data for the previous month:
25        (1) the number of pretrial defendants released within
26    24 hours of the bail hearing;

 

 

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1        (2) the number of pretrial defendants released during
2    the month prior to the reporting month, and of those
3    defendants:
4            (A) the number of defendants who failed to appear
5        at least one court hearing within 30 days of their
6        release;
7            (B) the number of defendants who had at least one
8        new charge within 30 days of their release with the
9        most serious new charge being a misdemeanor or traffic
10        offense;
11            (C) the number of defendants who had at least one
12        new charge within 30 days of their release with the
13        most serious new charge being a felony; and
14            (D) the number of defendants who had at least one
15        new charge within 30 days of their release with the
16        most serious new charge being a forcible felony as
17        defined under Section 2-8 of the Criminal Code of 2012;
18        (3) the number of pretrial defendants released during
19    the month 180 days prior to the reporting month, and of
20    those defendants:
21            (A) the number of defendants who failed to appear
22        at least one court hearing within 180 days of their
23        release;
24            (B) the number of defendants who had at least one
25        new charge within 180 days of their release with the
26        most serious new charge being a misdemeanor or traffic

 

 

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1        offense;
2            (C) the number of defendants who had at least one
3        new charge within 180 days of their release with the
4        most serious new charge being a felony;
5            (D) the number of defendants who had at least one
6        new charge within 30 days of their release with the
7        most serious new charge being a forcible felony as
8        defined under Section 2-8 of the Criminal Code of 2012;
9        and
10        (4) the number of pretrial defendants released during
11    the month that fell one year prior to the reporting month,
12    and of those defendants:
13            (A) the number of defendants who failed to appear
14        at least one court hearing within one year of their
15        release;
16            (B) the number of defendants who had at least one
17        new charge within one year of their release with the
18        most serious new charge being a misdemeanor or traffic
19        offense;
20            (C) the number of defendants who had at least one
21        new charge within one year of their release with the
22        most serious new charge being a felony; and
23            (D) the number of defendants who had at least one
24        new charge within 30 days of their release with the
25        most serious new charge being a forcible felony as
26        defined under Section 2-8 of the Criminal Code of 2012.
 

 

 

HB3347- 11 -LRB101 11167 SLF 56405 b

1    Section 10. The Counties Code is amended by adding Sections
23-6041, 3-6042, 3-6403 as follows:
 
3    (55 ILCS 5/3-6041 new)
4    Sec. 3-6041. Sheriff, county clerk, county board data
5submission for Pretrial Bail Proceeds Report. Each month, the
6sheriff, or the sheriff in consultation with the clerk of the
7court of each county, shall submit to the Illinois Criminal
8Justice Information Authority a data set with information
9needed for the Illinois Criminal Justice Information Authority
10to complete the report described in Section 7.7 of the Illinois
11Criminal Justice Information Act. The sheriff, or the sheriff
12in consultation with the clerk of the court, shall submit the
13data in the form specified by the Illinois Criminal Justice
14Information Authority.
 
15    (55 ILCS 5/3-6042 new)
16    Sec. 3-6042. Bail Proceeds Report. The county board of each
17county shall, for each calendar year, prepare a report of the
18amount of money bond collected and dispersed in the course of
19administering bail. The report shall include:
20    (1) the amount of money received from each governmental
21entity in the county that is entitled to collect or administer
22a money bond;
23    (2) the name of each governmental entity, fund, or program

 

 

HB3347- 12 -LRB101 11167 SLF 56405 b

1to which the county board allocates money generated by
2collecting or administering a money bond and the amount so
3allocated;
4    (3) the fee charged by the county sheriff for the taking of
5all bonds on legal process, civil and criminal; and
6    (4) any study or report used to justify an increase in the
7fee charged for the taking of all bonds on legal process, civil
8and criminal, under Section 4-5001, if the county board has
9increased the fee under the requirements of Section 4-5001.
 
10    (55 ILCS 5/3-6403 new)
11    Sec. 3-6403. Sheriff data submission for Pretrial Custody
12and Release Reports. Each month, the sheriff of each county
13shall submit to the Illinois Criminal Justice Information
14Authority a data set with information needed for the Illinois
15Criminal Justice Information Authority to complete the report
16described in Section 7.8 of the Illinois Criminal Justice
17Information Act. The sheriff shall submit the data in the form
18specified by the Illinois Criminal Justice Information
19Authority.
 
20    Section 15. The Clerks of Courts Act is amended by adding
21Sections 30 and 31 as follows:
 
22    (705 ILCS 105/30 new)
23    Sec. 30. Report to Illinois Criminal Justice Information

 

 

HB3347- 13 -LRB101 11167 SLF 56405 b

1Authority. Each month, the clerk of the circuit court of each
2county shall submit to the Illinois Criminal Justice
3Information Authority a data set with information needed for
4the Illinois Criminal Justice Information Authority to
5complete the reports described in Sections 7.7 and 7.8 of the
6Illinois Criminal Justice Information Act. Each quarter, the
7clerk of the circuit court of each county shall submit to the
8Illinois Criminal Justice Information Authority a data set with
9information needed for the Illinois Criminal Justice
10Information Authority to complete the Pretrial Bail Proceeds
11Report. The clerk of the circuit court shall submit the data in
12the form specified by the Illinois Criminal Justice Information
13Authority.
 
14    (705 ILCS 105/31 new)
15    Sec. 31. Clerk of court data submission for Pretrial Bail
16Proceeds Report. Each quarter, the clerk of the circuit court
17of each county shall submit to the Illinois Criminal Justice
18Information Authority a data set with information needed for
19the Illinois Criminal Justice Information Authority to
20complete the report described in Section 7.7 of the Illinois
21Criminal Justice Information Act. The clerk of the circuit
22court shall submit the data in the form specified by the
23Illinois Criminal Justice Information Authority. The report
24shall include:
25    (1) the total amount of an individual money bond received

 

 

HB3347- 14 -LRB101 11167 SLF 56405 b

1by the clerk;
2    (2) the total amount of a money bond received by the clerk;
3    (3) the total amount of an individual money bond forfeited;
4    (4) the total amount of a money bond forfeited;
5    (5) the total amount of an individual money bond refunded;
6    (6) the total amount of a money bond refunded;
7    (7) the total amount of money collected as a bail bond cost
8as defined by subsection (f) of Section 110-7 of the Code of
9Criminal Procedure of 1963;
10    (8) the total amount of a money bond collected by an
11officer of the peace, under Section 110-9 of the Code of
12Criminal Procedure of 1963 and Supreme Court Rules 529 and 530,
13and deposited with the clerk of the circuit court;
14    (9) the total amount of money taken from a bond deposit for
15fines, fees, restitution, or court costs other than a bail bond
16cost under subsection (f) of Section 110-7 of the Code of
17Criminal Procedure of 1963;
18        (A) this amount shall be separated by the type of fee,
19    fine, restitution, or court cost that is charged, as listed
20    in subsection (f) of Section 110-7 of the Code of Criminal
21    Procedure of 1963; and
22        (B) the clerk shall list separately the total amount of
23    fees or fines taken from a money bond associated with a
24    case finished as "not charged";
25    (10) the amount paid as reimbursement to a defendant's
26attorney of record under subsection (f) of Section 110-7 of the

 

 

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1Code of Criminal Procedure of 1963;
2    (11) the total amount of money paid by a person posting
3bond as any other fee, fine, restitution, or court cost not
4described by subsection (f) of Section 110-7 of the Code of
5Criminal Procedure of 1963 or Section 4-5001 of the Counties
6Code. The report shall list separately the total amount of
7money paid by a person posting a money bond as a fee to a credit
8card processing merchant pursuant to a contractual agreement
9between the clerk of the circuit court or county board and a
10credit card processing merchant; and
11    (12) the total amount of money disbursed by the clerk of
12the circuit court to each governmental entity or fund that is
13entitled to receive fees, fines, restitution, or
14reimbursements from a money bond deposit. These entities
15include, but are not be limited to:
16        (A) the Office of the State's Attorney;
17        (B) the State Treasurer;
18        (C) the county general fund;
19        (D) a probation services; or
20        (E) a special fund, such as the Violent Crimes
21    Assistance Fund or the Trauma Center Fund.
 
22    Section 20. The Criminal Code of 2012 is amended by
23changing Section 32-10 as follows:
 
24    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)

 

 

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1    Sec. 32-10. Violation of conditions of pre-trial release
2bail bond.
3    (a) Whoever, having been released under conditions of
4pre-trial release admitted to bail for appearance before any
5court of this State, incurs a violation of conditions of
6pre-trial release forfeiture of the bail and knowingly fails to
7surrender himself or herself within 30 days following the date
8of the violation forfeiture, commits, if the conditions of
9pre-trial bail was given in connection with a charge of felony
10or pending appeal or certiorari after conviction of any
11offense, a Class A misdemeanor if the underlying offense is a
12felony. If a felony of the next lower Class or a Class A
13misdemeanor if the underlying offense was a Class 4 felony; or,
14if the conditions of pre-trial release were bail was given in
15connection with a charge of committing a misdemeanor, or for
16appearance as a witness, commits a misdemeanor of the next
17lower Class, but not less than a Class C misdemeanor.
18    (a-5) Any person who knowingly violates a condition of
19pre-trial release bail bond by possessing a firearm in
20violation of his or her conditions of pre-trial release bail
21commits a Class 4 felony for a first violation and a Class 3
22felony for a second or subsequent violation.
23    (b) Whoever, having been admitted to release under
24conditions of pre-trial release bail for appearance before any
25court of this State, while charged with a criminal offense in
26which the victim is a family or household member as defined in

 

 

HB3347- 17 -LRB101 11167 SLF 56405 b

1Article 112A of the Code of Criminal Procedure of 1963,
2knowingly violates a condition of that release as set forth in
3Section 110-10, subsection (d) of the Code of Criminal
4Procedure of 1963, commits a Class A misdemeanor.
5    (c) Whoever, having been admitted to release under
6conditions of pre-trial release bail for appearance before any
7court of this State for a felony, Class A misdemeanor or a
8criminal offense in which the victim is a family or household
9member as defined in Article 112A of the Code of Criminal
10Procedure of 1963, is charged with any other felony, Class A
11misdemeanor, or a criminal offense in which the victim is a
12family or household member as defined in Article 112A of the
13Code of Criminal Procedure of 1963 while on this release, must
14appear before the court before bail is statutorily set.
15    (d) Nothing in this Section shall interfere with or prevent
16the exercise by any court of its power to punishment for
17contempt. Any sentence imposed for violation of this Section
18shall be served consecutive to the sentence imposed for the
19charge for which bail had been granted and with respect to
20which the defendant has been convicted.
21(Source: P.A. 97-1108, eff. 1-1-13.)
 
22    Section 25. The Code of Criminal Procedure of 1963 is
23amended by changing Sections 109-1, 110-1, 110-2, 110-3, 110-4,
24110-5, and 110-5.1 and by adding Section 110-1.5 as follows:
 

 

 

HB3347- 18 -LRB101 11167 SLF 56405 b

1    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
2    Sec. 109-1. Person arrested; release from law enforcement
3custody and court appearance.
4    (a) A person arrested with or without a warrant on an
5offense for which pre-trial release may be denied, unless
6released by the arresting officer shall be taken without
7unnecessary delay before the nearest and most accessible judge
8in that county, except when such county is a participant in a
9regional jail authority, in which event such person may be
10taken to the nearest and most accessible judge, irrespective of
11the county where such judge presides, and a charge shall be
12filed. An arresting officer may release a person arrested on an
13offense for which pre-trial release may be denied, other than
14first degree murder, attempted first degree murder, or violent
15sexual offense, without an appearance before a judge if release
16of the person is in the public interest. Whenever a person
17arrested either with or without a warrant is required to be
18taken before a judge, a charge may be filed against such person
19by way of a two-way closed circuit television system, except
20that a hearing to deny pre-trial release bail to the defendant
21may not be conducted by way of closed circuit television.
22    (a-3) A person arrested with or without a warrant on an
23offense for which pre-trial release may not be denied shall,
24except as otherwise provided in this Code, be released by the
25officer without appearing before a judge. The releasing officer
26shall issue the person a summons to appear or a personal

 

 

HB3347- 19 -LRB101 11167 SLF 56405 b

1recognizance bond that may be conditioned on a promise to pay a
2sum, as set by Supreme Court Rule, for willful failure to
3appear.
4    (a-5) A person charged with an offense shall be allowed
5counsel at the hearing at which pre-trial release bail is
6determined under Article 110 of this Code. If the defendant
7desires counsel for his or her initial appearance but is unable
8to obtain counsel, the court shall appoint a public defender or
9licensed attorney at law of this State to represent him or her
10for purposes of that hearing.
11    (a-7) A presumption in favor of pre-trial release of a
12person shall be applied by an arresting officer in the exercise
13of his or her discretion under this Section.
14    (b) Upon initial appearance of a person before the court,
15the The judge shall:
16        (1) inform Inform the defendant of the charge against
17    him and shall provide him with a copy of the charge;
18        (2) advise Advise the defendant of his right to counsel
19    and if indigent shall appoint a public defender or licensed
20    attorney at law of this State to represent him in
21    accordance with the provisions of Section 113-3 of this
22    Code;
23        (3) schedule Schedule a preliminary hearing in
24    appropriate cases;
25        (4) release or detain the defendant under Admit the
26    defendant to bail in accordance with the provisions of

 

 

HB3347- 20 -LRB101 11167 SLF 56405 b

1    Article 110 of this Code; and
2        (5) order Order the confiscation of the person's
3    passport or impose travel restrictions on a defendant
4    arrested for first degree murder or other violent crime as
5    defined in Section 3 of the Rights of Crime Victims and
6    Witnesses Act, if the judge determines, based on the
7    factors in Section 110-5 of this Code, that this will
8    reasonably ensure the appearance of the defendant and
9    compliance by the defendant with all conditions of release.
10    (b-5) A presumption in favor of pre-trial release of a
11person shall be applied by a judge in exercising his or her
12discretion under this Section.
13    (c) The court may issue an order of protection in
14accordance with the provisions of Article 112A of this Code.
15    (d) At the initial appearance of a defendant in any
16criminal proceeding, the court must advise the defendant in
17open court that any foreign national who is arrested or
18detained has the right to have notice of the arrest or
19detention given to his or her country's consular
20representatives and the right to communicate with those
21consular representatives if the notice has not already been
22provided. The court must make a written record of so advising
23the defendant.
24    (e) If consular notification is not provided to a defendant
25before his or her first appearance in court, the court shall
26grant any reasonable request for a continuance of the

 

 

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1proceedings to allow contact with the defendant's consulate.
2Any delay caused by the granting of the request by a defendant
3shall temporarily suspend for the time of the delay the period
4within which a person shall be tried as prescribed by
5subsections (a), (b), or (e) of Section 103-5 of this Code and
6on the day of the expiration of delay the period shall continue
7at the point at which it was suspended.
8    (f) At the hearing at which bail is determined, the person
9charged shall be present in-person, rather than by video,
10phone, or any other form of electronic communication, unless
11the physical health and safety of the person would be
12endangered by appearing in court or the accused waives the
13right to be present in-person.
14(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
15eff. 1-1-18.)
 
16    (725 ILCS 5/110-1)  (from Ch. 38, par. 110-1)
17    Sec. 110-1. Definitions.
18    (a) "Bail" means a security, which may include a bond
19without monetary conditions, required by a court for the
20release of a person in custody set to provide reasonable
21assurance of public safety and court appearance. "Security" is
22that which is required to be pledged to insure the payment of
23bail.
24    (a-5) "Forcible felony" has the meaning ascribed to the
25term in Section 2-8 of the Criminal Code of 2012.

 

 

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1    (b) "Sureties" encompasses the monetary and nonmonetary
2requirements set by the court as conditions for release either
3before or after conviction. "Surety" is one who executes a bail
4bond and binds himself to pay the bail if the person in custody
5fails to comply with all conditions of the bail bond.
6    (c) The phrase "for which a sentence of imprisonment,
7without conditional and revocable release, shall be imposed by
8law as a consequence of conviction" means an offense for which
9a sentence of imprisonment, without probation, periodic
10imprisonment or conditional discharge, is required by law upon
11conviction.
12    (d) "Real and present threat to the physical safety of any
13person or persons", as used in this Article, includes a threat
14to the community, person, persons or class of persons.
15(Source: P.A. 85-892.)
 
16    (725 ILCS 5/110-1.5 new)
17    Sec. 110-1.5. Abolishment of monetary bail. Under this
18amendatory Act of the 101st General Assembly, the requirement
19of posting monetary bail is abolished, except as provided in
20the Uniform Criminal Extradition Act which is a compact that
21has been entered into between this State and its sister states.
 
22    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
23    Sec. 110-2. Release on own recognizance. It should be
24presumed that a defendant is entitled to release on personal

 

 

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1recognizance on the condition that he or she attend all
2required court proceedings and the defendant does not commit
3any criminal offense. Detention or additional conditions
4should be set only when it is determined that no other
5conditions of release will reasonably assure the defendant's
6appearance in court, that the defendant does not present a
7danger to any person or the community, and that the defendant
8will comply with all conditions of bond. If the court deems
9that the defendant is to be released on personal recognizance,
10the court may require When from all the circumstances the court
11is of the opinion that the defendant will appear as required
12either before or after conviction and the defendant will not
13pose a danger to any person or the community and that the
14defendant will comply with all conditions of bond, which shall
15include the defendant's current address with that a written
16admonishment be signed by the defendant requiring to the
17defendant that he or she must comply with the provisions of
18Section 110-12 of this Code. The regarding any change in his or
19her address, the defendant may be released on his or her own
20recognizance upon signature. The defendant's address shall at
21all times remain a matter of public record with the clerk of
22the court. A failure to appear as required by such recognizance
23shall constitute an offense subject to the penalty provided in
24Section 32-10 of the Criminal Code of 2012 for violation of
25conditions of pre-trial release the bail bond, and any
26obligated sum fixed in the recognizance shall be forfeited and

 

 

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1collected in accordance with subsection (g) of Section 110-7 of
2this Code.
3    This Section shall be liberally construed to effectuate the
4purpose of relying upon contempt of court proceedings or
5criminal sanctions instead of financial loss to assure the
6appearance of the defendant, and that the defendant will not
7pose a danger to any person or the community and that the
8defendant will comply with all conditions of pre-trial release
9bond. Monetary bail should be set only when it is determined
10that no other conditions of release will reasonably assure the
11defendant's appearance in court, that the defendant does not
12present a danger to any person or the community and that the
13defendant will comply with all conditions of bond.
14    The State may appeal any order permitting release by
15personal recognizance.
16(Source: P.A. 97-1150, eff. 1-25-13.)
 
17    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
18    Sec. 110-3. Issuance of warrant. Upon failure of a person
19to comply with any condition of pre-trial release a bail bond
20or recognizance the court having jurisdiction at the time of
21such failure may on its own motion or upon motion from the
22State, issue an order to show cause as to why he or she shall
23not be found in contempt of court or subject to revocation or
24forfeiture of pre-trial release. The order issued by the court
25shall state the facts alleged to constitute the hearing to show

 

 

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1cause or otherwise why the person is subject to revocation or
2forfeiture of pre-trial release. A certified copy of the order
3shall be served upon the person at least 48 hours in advance of
4the scheduled hearing. If the person does not appear at the
5hearing to show cause or absconds, the court may, in addition
6to any other action provided by law, issue a warrant for the
7arrest of the person at liberty on pre-trial release bail or
8his or her own recognizance. The contents of such a warrant
9shall be the same as required for an arrest warrant issued upon
10complaint and may modify any previously imposed conditions
11placed upon the person, rather than revoking pre-trial release
12or issuing a warrant for the person. When a defendant is at
13liberty on pre-trial release bail or his own recognizance on a
14felony charge and fails to appear in court as directed, the
15court shall issue a warrant for the arrest of such person after
16his or her failure to appear at the show for cause hearing as
17provided in this Section. Such warrant shall be noted with a
18directive to peace officers to arrest the person and hold such
19person without pre-trial release bail and to deliver such
20person before the court for further proceedings. The court may
21not revoke pre-trial release and order the defendant detained
22pending trial unless, after considering all relevant
23circumstances including, but not limited to, the nature and
24seriousness of the violation or criminal act alleged, the court
25finds clear and convincing evidence that no condition or
26combination of conditions of release would reasonably assure

 

 

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1the appearance of the defendant for later hearings and protect
2the integrity of the judicial proceedings from a specific
3threat to a witness or participant. A defendant who is arrested
4or surrenders within 30 days of the issuance of such warrant
5shall not be bailable in the case in question unless he shows
6by the preponderance of the evidence that his failure to appear
7was not intentional.
8(Source: P.A. 86-298; 86-984; 86-1028.)
 
9    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
10    Sec. 110-4. Bailable Offenses for which pre-trial release
11may be denied.
12    (a) All persons shall be presumed to be subject to release
13bailable before conviction, but the presumption may be overcome
14by clear and convincing evidence for except the following
15offenses where the proof is evident or the presumption great
16that the defendant is guilty of the offense:
17        (1) capital offenses;
18        (2) offenses for which a sentence of life imprisonment
19    may be imposed as a consequence of conviction;
20        (3) forcible felony offenses for which a sentence of
21    imprisonment, without conditional and revocable release,
22    shall be imposed by law as a consequence of conviction,
23    where the court after a hearing, determines that the
24    release of the defendant would pose a real and present
25    threat to the physical safety of any person or persons;

 

 

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

 

 

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1    person and denial of release bail is necessary to prevent
2    fulfillment of that threat; or
3        (7) a felony other than a forcible felony, if the court
4    after a hearing, determines that the release of the
5    defendant would pose a real and present threat to the
6    physical safety of the alleged victim of the offense and
7    that denial of release is necessary to prevent fulfillment
8    of the threat upon which that charge is based.
9    (b) (Blank). A person seeking release on bail who is
10charged with a capital offense or an offense for which a
11sentence of life imprisonment may be imposed shall not be
12bailable until a hearing is held wherein such person has the
13burden of demonstrating that the proof of his guilt is not
14evident and the presumption is not great.
15    (c) Where it is alleged that pre-trial release bail should
16be denied to a person upon the grounds that the person presents
17a real and present threat to the physical safety of any person
18or persons, the burden of proof of such allegations shall be
19upon the State to overcome by clear and convincing evidence
20that no condition or combination of conditions short of
21detention could protect the community and preserve the
22integrity of the judicial proceedings from an articulable
23threat to a witness or participant.
24    (d) When it is alleged that pre-trial release bail should
25be denied to a person charged with stalking or aggravated
26stalking upon the grounds set forth in Section 110-6.3 of this

 

 

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1Code, the burden of proof of those allegations shall be upon
2the State.
3    (e) If pre-trial release is denied, the court must issue in
4writing a statement of reasons explaining the specific risks
5posed by the person and findings of fact concerning why no
6condition or combination of conditions could reasonably
7mitigate those risks.
8    (f) If pre-trial release is denied, the defendant shall be
9granted the right to an appeal upon motion of the defendant.
10(Source: P.A. 97-1150, eff. 1-25-13.)
 
11    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
12    Sec. 110-5. Determining the amount of bail and conditions
13of pre-trial release.
14    (a) In determining the amount of monetary bail or
15conditions of pre-trial release, if any, which will reasonably
16assure the appearance of a defendant as required or the safety
17of any other person or the community and the likelihood of
18compliance by the defendant with all the conditions of
19pre-trial release bail, the court may shall, on the basis of
20available information, take into account such matters as:
21        (1) the nature and circumstances of the offense
22    charged;
23        (2) the weight of the evidence against the eligible
24    defendant, except that the court may consider the
25    admissibility of any evidence sought to be excluded;

 

 

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1        (3) The history and characteristics of the eligible
2    defendant, including:
3            (A) the eligible defendant's character, physical
4        and mental condition, family ties, employment,
5        financial resources, length of residence in the
6        community, community ties, past conduct, history
7        relating to drug or alcohol abuse, criminal history,
8        and record concerning appearance at court proceedings;
9        and
10            (B) whether, at the time of the current offense or
11        arrest, the eligible defendant was on probation,
12        parole, or on other release pending trial, sentencing,
13        appeal, or completion of sentence for an offense under
14        federal law, or the law of this or any other state;
15        (4) the nature and seriousness of the danger to any
16    other person or the community that would be posed by the
17    eligible defendant's release, if applicable;
18        (5) the nature and seriousness of the risk of
19    obstructing or attempting to obstruct the criminal justice
20    process that would be posed by the eligible defendant's
21    release, if applicable; and
22        (6) the release recommendation of the pretrial
23    services program obtained using a risk assessment
24    instrument under subsection (b-5) of Section 110-5.1. the
25    nature and circumstances of the offense charged, whether
26    the evidence shows that as part of the offense there was a

 

 

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1    use of violence or threatened use of violence, whether the
2    offense involved corruption of public officials or
3    employees, whether there was physical harm or threats of
4    physical harm to any public official, public employee,
5    judge, prosecutor, juror or witness, senior citizen,
6    child, or person with a disability, whether evidence shows
7    that during the offense or during the arrest the defendant
8    possessed or used a firearm, machine gun, explosive or
9    metal piercing ammunition or explosive bomb device or any
10    military or paramilitary armament, whether the evidence
11    shows that the offense committed was related to or in
12    furtherance of the criminal activities of an organized gang
13    or was motivated by the defendant's membership in or
14    allegiance to an organized gang, the condition of the
15    victim, any written statement submitted by the victim or
16    proffer or representation by the State regarding the impact
17    which the alleged criminal conduct has had on the victim
18    and the victim's concern, if any, with further contact with
19    the defendant if released on bail, whether the offense was
20    based on racial, religious, sexual orientation or ethnic
21    hatred, the likelihood of the filing of a greater charge,
22    the likelihood of conviction, the sentence applicable upon
23    conviction, the weight of the evidence against such
24    defendant, whether there exists motivation or ability to
25    flee, whether there is any verification as to prior
26    residence, education, or family ties in the local

 

 

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1    jurisdiction, in another county, state or foreign country,
2    the defendant's employment, financial resources, character
3    and mental condition, past conduct, prior use of alias
4    names or dates of birth, and length of residence in the
5    community, the consent of the defendant to periodic drug
6    testing in accordance with Section 110-6.5, whether a
7    foreign national defendant is lawfully admitted in the
8    United States of America, whether the government of the
9    foreign national maintains an extradition treaty with the
10    United States by which the foreign government will
11    extradite to the United States its national for a trial for
12    a crime allegedly committed in the United States, whether
13    the defendant is currently subject to deportation or
14    exclusion under the immigration laws of the United States,
15    whether the defendant, although a United States citizen, is
16    considered under the law of any foreign state a national of
17    that state for the purposes of extradition or
18    non-extradition to the United States, the amount of
19    unrecovered proceeds lost as a result of the alleged
20    offense, the source of bail funds tendered or sought to be
21    tendered for bail, whether from the totality of the court's
22    consideration, the loss of funds posted or sought to be
23    posted for bail will not deter the defendant from flight,
24    whether the evidence shows that the defendant is engaged in
25    significant possession, manufacture, or delivery of a
26    controlled substance or cannabis, either individually or

 

 

HB3347- 33 -LRB101 11167 SLF 56405 b

1    in consort with others, whether at the time of the offense
2    charged he or she was on bond or pre-trial release pending
3    trial, probation, periodic imprisonment or conditional
4    discharge pursuant to this Code or the comparable Code of
5    any other state or federal jurisdiction, whether the
6    defendant is on bond or pre-trial release pending the
7    imposition or execution of sentence or appeal of sentence
8    for any offense under the laws of Illinois or any other
9    state or federal jurisdiction, whether the defendant is
10    under parole, aftercare release, mandatory supervised
11    release, or work release from the Illinois Department of
12    Corrections or Illinois Department of Juvenile Justice or
13    any penal institution or corrections department of any
14    state or federal jurisdiction, the defendant's record of
15    convictions, whether the defendant has been convicted of a
16    misdemeanor or ordinance offense in Illinois or similar
17    offense in other state or federal jurisdiction within the
18    10 years preceding the current charge or convicted of a
19    felony in Illinois, whether the defendant was convicted of
20    an offense in another state or federal jurisdiction that
21    would be a felony if committed in Illinois within the 20
22    years preceding the current charge or has been convicted of
23    such felony and released from the penitentiary within 20
24    years preceding the current charge if a penitentiary
25    sentence was imposed in Illinois or other state or federal
26    jurisdiction, the defendant's records of juvenile

 

 

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1    adjudication of delinquency in any jurisdiction, any
2    record of appearance or failure to appear by the defendant
3    at court proceedings, whether there was flight to avoid
4    arrest or prosecution, whether the defendant escaped or
5    attempted to escape to avoid arrest, whether the defendant
6    refused to identify himself or herself, or whether there
7    was a refusal by the defendant to be fingerprinted as
8    required by law. Information used by the court in its
9    findings or stated in or offered in connection with this
10    Section may be by way of proffer based upon reliable
11    information offered by the State or defendant. All evidence
12    shall be admissible if it is relevant and reliable
13    regardless of whether it would be admissible under the
14    rules of evidence applicable at criminal trials. If the
15    State presents evidence that the offense committed by the
16    defendant was related to or in furtherance of the criminal
17    activities of an organized gang or was motivated by the
18    defendant's membership in or allegiance to an organized
19    gang, and if the court determines that the evidence may be
20    substantiated, the court shall prohibit the defendant from
21    associating with other members of the organized gang as a
22    condition of bail or release. For the purposes of this
23    Section, "organized gang" has the meaning ascribed to it in
24    Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26    (a-5) There shall be a presumption that any conditions of

 

 

HB3347- 35 -LRB101 11167 SLF 56405 b

1release imposed shall be non-monetary in nature and the court
2shall impose the least restrictive conditions or combination of
3conditions necessary to reasonably assure the appearance of the
4defendant for further court proceedings and protect the
5integrity of the judicial proceedings from a specific threat to
6a witness or participant. Conditions of release may include,
7but not be limited to, electronic home monitoring, curfews,
8drug counseling, stay-away orders, and in-person reporting.
9The court shall consider the defendant's socio-economic
10circumstance when setting conditions of release or imposing
11monetary bail.
12    (a-10) Access to money shall not be a factor in what
13conditions are made available to the defendant nor shall
14inability to pay fees or costs prevent a defendant from being
15eligible for or accessing the least restrictive conditions
16ordered by the court.
17    (b) (Blank). The amount of bail shall be:
18        (1) Sufficient to assure compliance with the
19    conditions set forth in the bail bond, which shall include
20    the defendant's current address with a written
21    admonishment to the defendant that he or she must comply
22    with the provisions of Section 110-12 regarding any change
23    in his or her address. The defendant's address shall at all
24    times remain a matter of public record with the clerk of
25    the court.
26        (2) Not oppressive.

 

 

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1        (3) Considerate of the financial ability of the
2    accused.
3        (4) When a person is charged with a drug related
4    offense involving possession or delivery of cannabis or
5    possession or delivery of a controlled substance as defined
6    in the Cannabis Control Act, the Illinois Controlled
7    Substances Act, or the Methamphetamine Control and
8    Community Protection Act, the full street value of the
9    drugs seized shall be considered. "Street value" shall be
10    determined by the court on the basis of a proffer by the
11    State based upon reliable information of a law enforcement
12    official contained in a written report as to the amount
13    seized and such proffer may be used by the court as to the
14    current street value of the smallest unit of the drug
15    seized.
16    (b-5) (Blank). Upon the filing of a written request
17demonstrating reasonable cause, the State's Attorney may
18request a source of bail hearing either before or after the
19posting of any funds. If the hearing is granted, before the
20posting of any bail, the accused must file a written notice
21requesting that the court conduct a source of bail hearing. The
22notice must be accompanied by justifying affidavits stating the
23legitimate and lawful source of funds for bail. At the hearing,
24the court shall inquire into any matters stated in any
25justifying affidavits, and may also inquire into matters
26appropriate to the determination which shall include, but are

 

 

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1not limited to, the following:
2        (1) the background, character, reputation, and
3    relationship to the accused of any surety; and
4        (2) the source of any money or property deposited by
5    any surety, and whether any such money or property
6    constitutes the fruits of criminal or unlawful conduct; and
7        (3) the source of any money posted as cash bail, and
8    whether any such money constitutes the fruits of criminal
9    or unlawful conduct; and
10        (4) the background, character, reputation, and
11    relationship to the accused of the person posting cash
12    bail.
13    Upon setting the hearing, the court shall examine, under
14oath, any persons who may possess material information.
15    The State's Attorney has a right to attend the hearing, to
16call witnesses and to examine any witness in the proceeding.
17The court shall, upon request of the State's Attorney, continue
18the proceedings for a reasonable period to allow the State's
19Attorney to investigate the matter raised in any testimony or
20affidavit. If the hearing is granted after the accused has
21posted bail, the court shall conduct a hearing consistent with
22this subsection (b-5). At the conclusion of the hearing, the
23court must issue an order either approving of disapproving the
24bail.
25    (c) (Blank). When a person is charged with an offense
26punishable by fine only the amount of the bail shall not exceed

 

 

HB3347- 38 -LRB101 11167 SLF 56405 b

1double the amount of the maximum penalty.
2    (d) (Blank). When a person has been convicted of an offense
3and only a fine has been imposed the amount of the bail shall
4not exceed double the amount of the fine.
5    (e) (Blank). The State may appeal any order granting bail
6or setting a given amount for bail.
7    (f) When a person is charged with a violation of an order
8of protection under Section 12-3.4 or 12-30 of the Criminal
9Code of 1961 or the Criminal Code of 2012 or when a person is
10charged with domestic battery, aggravated domestic battery,
11kidnapping, aggravated kidnaping, unlawful restraint,
12aggravated unlawful restraint, stalking, aggravated stalking,
13cyberstalking, harassment by telephone, harassment through
14electronic communications, or an attempt to commit first degree
15murder committed against an intimate partner regardless
16whether an order of protection has been issued against the
17person,
18        (1) whether the alleged incident involved harassment
19    or abuse, as defined in the Illinois Domestic Violence Act
20    of 1986;
21        (2) whether the person has a history of domestic
22    violence, as defined in the Illinois Domestic Violence Act,
23    or a history of other criminal acts;
24        (3) based on the mental health of the person;
25        (4) whether the person has a history of violating the
26    orders of any court or governmental entity;

 

 

HB3347- 39 -LRB101 11167 SLF 56405 b

1        (5) whether the person has been, or is, potentially a
2    threat to any other person;
3        (6) whether the person has access to deadly weapons or
4    a history of using deadly weapons;
5        (7) whether the person has a history of abusing alcohol
6    or any controlled substance;
7        (8) based on the severity of the alleged incident that
8    is the basis of the alleged offense, including, but not
9    limited to, the duration of the current incident, and
10    whether the alleged incident involved the use of a weapon,
11    physical injury, sexual assault, strangulation, abuse
12    during the alleged victim's pregnancy, abuse of pets, or
13    forcible entry to gain access to the alleged victim;
14        (9) whether a separation of the person from the alleged
15    victim or a termination of the relationship between the
16    person and the alleged victim has recently occurred or is
17    pending;
18        (10) whether the person has exhibited obsessive or
19    controlling behaviors toward the alleged victim,
20    including, but not limited to, stalking, surveillance, or
21    isolation of the alleged victim or victim's family member
22    or members;
23        (11) whether the person has expressed suicidal or
24    homicidal ideations;
25        (12) based on any information contained in the
26    complaint and any police reports, affidavits, or other

 

 

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1    documents accompanying the complaint,
2the court may, in its discretion, order the respondent to
3undergo a risk assessment evaluation using a recognized,
4evidence-based instrument conducted by an Illinois Department
5of Human Services approved partner abuse intervention program
6provider, pretrial service, probation, or parole agency. These
7agencies shall have access to summaries of the defendant's
8criminal history, which shall not include victim interviews or
9information, for the risk evaluation. Based on the information
10collected from the 12 points to be considered at a pre-trial
11release bail hearing under this subsection (f), the results of
12any risk evaluation conducted and the other circumstances of
13the violation, the court may order that the person, as a
14condition of pre-trial release bail, be placed under electronic
15surveillance as provided in Section 5-8A-7 of the Unified Code
16of Corrections. Upon making a determination whether or not to
17order the respondent to undergo a risk assessment evaluation or
18to be placed under electronic surveillance and risk assessment,
19the court shall document in the record the court's reasons for
20making those determinations. The cost of the electronic
21surveillance and risk assessment shall be paid by, or on
22behalf, of the defendant. As used in this subsection (f),
23"intimate partner" means a spouse or a current or former
24partner in a cohabitation or dating relationship.
25(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18.)
 

 

 

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1    (725 ILCS 5/110-5.1)
2    Sec. 110-5.1. Pre-trial release Bail; certain persons
3charged with violent crimes against family or household
4members.
5    (a) Subject to subsection (c), a person who is charged with
6a violent crime shall appear before the court for the setting
7of conditions of pre-trial release bail if the alleged victim
8was a family or household member at the time of the alleged
9offense, and if any of the following applies:
10        (1) the person charged, at the time of the alleged
11    offense, was subject to the terms of an order of protection
12    issued under Section 112A-14 of this Code or Section 214 of
13    the Illinois Domestic Violence Act of 1986 or previously
14    was convicted of a violation of an order of protection
15    under Section 12-3.4 or 12-30 of the Criminal Code of 1961
16    or the Criminal Code of 2012 or a violent crime if the
17    victim was a family or household member at the time of the
18    offense or a violation of a substantially similar municipal
19    ordinance or law of this or any other state or the United
20    States if the victim was a family or household member at
21    the time of the offense;
22        (2) the arresting officer indicates in a police report
23    or other document accompanying the complaint any of the
24    following:
25            (A) that the arresting officer observed on the
26        alleged victim objective manifestations of physical

 

 

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1        harm that the arresting officer reasonably believes
2        are a result of the alleged offense;
3            (B) that the arresting officer reasonably believes
4        that the person had on the person's person at the time
5        of the alleged offense a deadly weapon;
6            (C) that the arresting officer reasonably believes
7        that the person presents a credible threat of serious
8        physical harm to the alleged victim or to any other
9        person if released on bail before trial.
10    (b) To the extent that information about any of the
11following is available to the court, the court shall consider
12all of the following, in addition to any other circumstances
13considered by the court, before determining conditions of
14pre-trial release setting bail for a person who appears before
15the court under pursuant to subsection (a):
16        (1) whether the person has a history of domestic
17    violence or a history of other violent acts;
18        (2) the mental health of the person;
19        (3) whether the person has a history of violating the
20    orders of any court or governmental entity;
21        (4) whether the person is potentially a threat to any
22    other person;
23        (5) whether the person has access to deadly weapons or
24    a history of using deadly weapons;
25        (6) whether the person has a history of abusing alcohol
26    or any controlled substance;

 

 

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1        (7) the severity of the alleged violence that is the
2    basis of the alleged offense, including, but not limited
3    to, the duration of the alleged violent incident, and
4    whether the alleged violent incident involved serious
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        (8) whether a separation of the person from the alleged
9    victim or a termination of the relationship between the
10    person and the alleged victim has recently occurred or is
11    pending;
12        (9) whether the person has exhibited obsessive or
13    controlling behaviors toward the alleged victim,
14    including, but not limited to, stalking, surveillance, or
15    isolation of the alleged victim;
16        (10) whether the person has expressed suicidal or
17    homicidal ideations;
18        (11) any information contained in the complaint and any
19    police reports, affidavits, or other documents
20    accompanying the complaint.
21    (b-5) The court may use a regularly validated risk
22assessment tool to determine conditions of release. Risk
23assessment tools may not be used as the basis to deny pre-trial
24release. If a risk assessment tool is used, the defendant's
25counsel shall be provided with the information and scoring
26system of the risk assessment tool used to arrive at the

 

 

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1determination. The defendant retains the right to challenge the
2validity of a risk assessment tool used by the court and to
3present evidence relevant to the defendant's challenge.
4    (c) Upon the court's own motion or the motion of a party
5and upon any terms that the court may direct, a court may
6permit a person who is required to appear before it by
7subsection (a) to appear by video conferencing equipment. If,
8in the opinion of the court, the appearance in person or by
9video conferencing equipment of a person who is charged with a
10misdemeanor and who is required to appear before the court by
11subsection (a) is not practicable, the court may waive the
12appearance and release the person. on bail on one or both of
13the following types of bail in an amount set by the court:
14        (1) a bail bond secured by a deposit of 10% of the
15    amount of the bond in cash;
16        (2) a surety bond, a bond secured by real estate or
17    securities as allowed by law, or the deposit of cash, at
18    the option of the person.
19    Subsection (a) does not create a right in a person to
20appear before the court for determining conditions of pre-trial
21release the setting of bail or prohibit a court from requiring
22any person charged with a violent crime who is not described in
23subsection (a) from appearing before the court for the setting
24of bail.
25    (c-5) The pre-trial release hearing may be reopened before
26or after a determination by the court under this Section before

 

 

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1trial begins at the request of the defendant if 2 court days
2notice is given to the State.
3    (d) As used in this Section:
4        (1) "Violent crime" has the meaning ascribed to it in
5    Section 3 of the Rights of Crime Victims and Witnesses Act.
6        (2) "Family or household member" has the meaning
7    ascribed to it in Section 112A-3 of this Code.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3930/7.7 new
4    20 ILCS 3930/7.8 new
5    55 ILCS 5/3-6041 new
6    55 ILCS 5/3-6042 new
7    55 ILCS 5/3-6403 new
8    705 ILCS 105/30 new
9    705 ILCS 105/31 new
10    720 ILCS 5/32-10from Ch. 38, par. 32-10
11    725 ILCS 5/109-1from Ch. 38, par. 109-1
12    725 ILCS 5/110-1from Ch. 38, par. 110-1
13    725 ILCS 5/110-1.5 new
14    725 ILCS 5/110-2from Ch. 38, par. 110-2
15    725 ILCS 5/110-3from Ch. 38, par. 110-3
16    725 ILCS 5/110-4from Ch. 38, par. 110-4
17    725 ILCS 5/110-5from Ch. 38, par. 110-5
18    725 ILCS 5/110-5.1