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093_HB0506enr
HB0506 Enrolled LRB093 06422 RLC 06545 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 110-5 as follows:
6 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
7 Sec. 110-5. Determining the amount of bail and conditions
8 of release.
9 (a) In determining the amount of monetary bail or
10 conditions of release, if any, which will reasonably assure
11 the appearance of a defendant as required or the safety of
12 any other person or the community and the likelihood of
13 compliance by the defendant with all the conditions of bail,
14 the court shall, on the basis of available information, take
15 into account such matters as the nature and circumstances of
16 the offense charged, whether the evidence shows that as part
17 of the offense there was a use of violence or threatened use
18 of violence, whether the offense involved corruption of
19 public officials or employees, whether there was physical
20 harm or threats of physical harm to any public official,
21 public employee, judge, prosecutor, juror or witness, senior
22 citizen, child or handicapped person, whether evidence shows
23 that during the offense or during the arrest the defendant
24 possessed or used a firearm, machine gun, explosive or metal
25 piercing ammunition or explosive bomb device or any military
26 or paramilitary armament, whether the evidence shows that the
27 offense committed was related to or in furtherance of the
28 criminal activities of an organized gang or was motivated by
29 the defendant's membership in or allegiance to an organized
30 gang, the condition of the victim, any written statement
31 submitted by the victim or proffer or representation by the
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1 State regarding the impact which the alleged criminal conduct
2 has had on the victim and the victim's concern, if any, with
3 further contact with the defendant if released on bail,
4 whether the offense was based on racial, religious, sexual
5 orientation or ethnic hatred, the likelihood of the filing of
6 a greater charge, the likelihood of conviction, the sentence
7 applicable upon conviction, the weight of the evidence
8 against such defendant, whether there exists motivation or
9 ability to flee, whether there is any verification as to
10 prior residence, education, or family ties in the local
11 jurisdiction, in another county, state or foreign country,
12 the defendant's employment, financial resources, character
13 and mental condition, past conduct, prior use of alias names
14 or dates of birth, and length of residence in the community,
15 the consent of the defendant to periodic drug testing in
16 accordance with Section 110-6.5, whether a foreign national
17 defendant is lawfully admitted in the United States of
18 America, whether the government of the foreign national
19 maintains an extradition treaty with the United States by
20 which the foreign government will extradite to the United
21 States its national for a trial for a crime allegedly
22 committed in the United States, whether the defendant is
23 currently subject to deportation or exclusion under the
24 immigration laws of the United States, whether the defendant,
25 although a United States citizen, is considered under the law
26 of any foreign state a national of that state for the
27 purposes of extradition or non-extradition to the United
28 States, the amount of unrecovered proceeds lost as a result
29 of the alleged offense, the source of bail funds tendered or
30 sought to be tendered for bail, whether from the totality of
31 the court's consideration, the loss of funds posted or sought
32 to be posted for bail will not deter the defendant from
33 flight, whether the evidence shows that the defendant is
34 engaged in significant possession, manufacture, or delivery
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1 of a controlled substance or cannabis, either individually or
2 in consort with others, whether at the time of the offense
3 charged he was on bond or pre-trial release pending trial,
4 probation, periodic imprisonment or conditional discharge
5 pursuant to this Code or the comparable Code of any other
6 state or federal jurisdiction, whether the defendant is on
7 bond or pre-trial release pending the imposition or execution
8 of sentence or appeal of sentence for any offense under the
9 laws of Illinois or any other state or federal jurisdiction,
10 whether the defendant is under parole or mandatory supervised
11 release or work release from the Illinois Department of
12 Corrections or any penal institution or corrections
13 department of any state or federal jurisdiction, the
14 defendant's record of convictions, whether the defendant has
15 been convicted of a misdemeanor or ordinance offense in
16 Illinois or similar offense in other state or federal
17 jurisdiction within the 10 years preceding the current charge
18 or convicted of a felony in Illinois, whether the defendant
19 was convicted of an offense in another state or federal
20 jurisdiction that would be a felony if committed in Illinois
21 within the 20 years preceding the current charge or has been
22 convicted of such felony and released from the penitentiary
23 within 20 years preceding the current charge if a
24 penitentiary sentence was imposed in Illinois or other state
25 or federal jurisdiction, the defendant's records of juvenile
26 adjudication of delinquency in any jurisdiction, any record
27 of appearance or failure to appear by the defendant at court
28 proceedings, whether there was flight to avoid arrest or
29 prosecution, whether the defendant escaped or attempted to
30 escape to avoid arrest, whether the defendant refused to
31 identify himself, or whether there was a refusal by the
32 defendant to be fingerprinted as required by law.
33 Information used by the court in its findings or stated in or
34 offered in connection with this Section may be by way of
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1 proffer based upon reliable information offered by the State
2 or defendant. All evidence shall be admissible if it is
3 relevant and reliable regardless of whether it would be
4 admissible under the rules of evidence applicable at criminal
5 trials. If the State presents evidence that the offense
6 committed by the defendant was related to or in furtherance
7 of the criminal activities of an organized gang or was
8 motivated by the defendant's membership in or allegiance to
9 an organized gang, and if the court determines that the
10 evidence may be substantiated, the court shall prohibit the
11 defendant from associating with other members of the
12 organized gang as a condition of bail or release. For the
13 purposes of this Section, "organized gang" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16 (b) The amount of bail shall be:
17 (1) Sufficient to assure compliance with the
18 conditions set forth in the bail bond, which shall
19 include the defendant's current address with a written
20 admonishment to the defendant that he or she must comply
21 with the provisions of Section 110-12 regarding any
22 change in his or her address. The defendant's address
23 shall at all times remain a matter of public record with
24 the clerk of the court.
25 (2) Not oppressive.
26 (3) Considerate of the financial ability of the
27 accused.
28 (4) When a person is charged with a drug related
29 offense involving possession or delivery of cannabis or
30 possession or delivery of a controlled substance as
31 defined in the Cannabis Control Act, as amended, or the
32 Illinois Controlled Substances Act, as amended, the full
33 street value of the drugs seized shall be considered.
34 "Street value" shall be determined by the court on the
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1 basis of a proffer by the State based upon reliable
2 information of a law enforcement official contained in a
3 written report as to the amount seized and such proffer
4 may be used by the court as to the current street value
5 of the smallest unit of the drug seized.
6 (c) When a person is charged with an offense punishable
7 by fine only the amount of the bail shall not exceed double
8 the amount of the maximum penalty.
9 (d) When a person has been convicted of an offense and
10 only a fine has been imposed the amount of the bail shall not
11 exceed double the amount of the fine.
12 (e) The State may appeal any order granting bail or
13 setting a given amount for bail.
14 (Source: P.A. 88-677, eff. 12-15-94; 88-679, eff. 7-1-95;
15 89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)
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