Illinois General Assembly - Full Text of HB4886
Illinois General Assembly

Previous General Assemblies

Full Text of HB4886  94th General Assembly

HB4886eng 94TH GENERAL ASSEMBLY



 


 
HB4886 Engrossed LRB094 16022 RLC 51257 b

1     AN ACT concerning 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 110-4 and by adding Section 110-6.4
6 as follows:
 
7     (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
8     Sec. 110-4. Bailable Offenses.
9     (a) All persons shall be bailable before conviction, except
10 the following offenses where the proof is evident or the
11 presumption great that the defendant is guilty of the offense:
12 capital offenses; offenses for which a sentence of life
13 imprisonment may be imposed as a consequence of conviction;
14 felony offenses for which a sentence of imprisonment, without
15 conditional and revocable release, shall be imposed by law as a
16 consequence of conviction, where the court after a hearing,
17 determines that the release of the defendant would pose a real
18 and present threat to the physical safety of any person or
19 persons; stalking or aggravated stalking, where the court,
20 after a hearing, determines that the release of the defendant
21 would pose a real and present threat to the physical safety of
22 the alleged victim of the offense and denial of bail is
23 necessary to prevent fulfillment of the threat upon which the
24 charge is based; or unlawful use of weapons in violation of
25 item (4) of subsection (a) of Section 24-1 of the Criminal Code
26 of 1961 when that offense occurred in a school or in any
27 conveyance owned, leased, or contracted by a school to
28 transport students to or from school or a school-related
29 activity, or on any public way within 1,000 feet of real
30 property comprising any school, where the court, after a
31 hearing, determines that the release of the defendant would
32 pose a real and present threat to the physical safety of any

 

 

HB4886 Engrossed - 2 - LRB094 16022 RLC 51257 b

1 person and denial of bail is necessary to prevent fulfillment
2 of that threat; or an offense for which the person, upon
3 conviction, would be subject to registration under the Arsonist
4 Registration Act if the person has previously been convicted of
5 any of the following offenses: (i) arson, (ii) aggravated
6 arson, (iii) residential arson, (iv) place of worship arson,
7 (v) possession of explosives or explosive or incendiary
8 devices, (vi) aggravated participation in methamphetamine
9 manufacturing under subparagraph (F) of paragraph (1) of
10 subsection (b) of Section 15 of the Methamphetamine Control and
11 Community Protection Act, or (vii) an attempt to commit any of
12 these offenses and if the the court, after a hearing,
13 determines that the release of the defendant would pose a real
14 and present threat to the physical safety of any person and
15 denial of bail is necessary to prevent fulfillment of that
16 threat.
17     (b) A person seeking release on bail who is charged with a
18 capital offense or an offense for which a sentence of life
19 imprisonment may be imposed shall not be bailable until a
20 hearing is held wherein such person has the burden of
21 demonstrating that the proof of his guilt is not evident and
22 the presumption is not great.
23     (c) Where it is alleged that bail should be denied to a
24 person upon the grounds that the person presents a real and
25 present threat to the physical safety of any person or persons,
26 the burden of proof of such allegations shall be upon the
27 State.
28     (d) When it is alleged that bail should be denied to a
29 person charged with stalking or aggravated stalking upon the
30 grounds set forth in Section 110-6.3 of this Code, the burden
31 of proof of those allegations shall be upon the State.
32     (e) When it is alleged that bail should be denied to a
33 person charged with arson, aggravated arson, residential
34 arson, place of worship arson, possession of explosives or
35 explosive or incendiary devices, aggravated participation in
36 methamphetamine manufacturing under subparagraph (F) of

 

 

HB4886 Engrossed - 3 - LRB094 16022 RLC 51257 b

1 paragraph (1) of subsection (b) of Section 15 of the
2 Methamphetamine Control and Community Protection Act
3 (participation in the manufacture of methamphetamine with the
4 intent that methamphetamine or a substance containing
5 methamphetamine be produced and the methamphetamine
6 manufacturing in which the person participates is a
7 contributing cause to a fire or explosion that damages property
8 belonging to another person), or an attempt to commit any of
9 these offenses upon the grounds set forth in Section 110-6.4 of
10 this Code, the burden of proof of those allegations shall be
11 upon the State.
12 (Source: P.A. 91-11, eff. 6-4-99.)
 
13     (725 ILCS 5/110-6.4 new)
14     Sec. 110-6.4. Denial of bail for certain arson offenses.
15     (a) Upon verified petition by the State, the court shall
16 hold a hearing to determine whether bail should be denied to a
17 defendant who is charged with an offense for which the person,
18 upon conviction, would be subject to registration under the
19 Arsonist Registration Act if the person has previously been
20 convicted of any of the following offenses: (i) arson, (ii)
21 aggravated arson, (iii) residential arson, (iv) place of
22 worship arson, (v) possession of explosives or explosive or
23 incendiary devices, (vi) aggravated participation in
24 methamphetamine manufacturing under subparagraph (F) of
25 paragraph (1) of subsection (b) of Section 15 of the
26 Methamphetamine Control and Community Protection Act, or (vii)
27 an attempt to commit any of these offenses, when it is alleged
28 that the defendant's admission to bail poses a real and present
29 threat to the physical safety of any person, and denial of
30 release on bail or personal recognizance is necessary to
31 prevent fulfillment of the threat upon which the charge is
32 based.
33         (1) A petition may be filed without prior notice to the
34     defendant at the first appearance before a judge, or within
35     21 calendar days, except as provided in Section 110-6,

 

 

HB4886 Engrossed - 4 - LRB094 16022 RLC 51257 b

1     after arrest and release of the defendant upon reasonable
2     notice to the defendant; provided that while the petition
3     is pending before the court, the defendant if previously
4     released shall not be detained.
5         (2) The hearing shall be held immediately upon the
6     defendant's appearance before the court, unless for good
7     cause shown the defendant or the State seeks a continuance.
8     A continuance on motion of the defendant may not exceed 5
9     calendar days, and the defendant may be held in custody
10     during the continuance. A continuance on the motion of the
11     State may not exceed 3 calendar days.
12     (b) The court may deny bail to the defendant when, after
13 the hearing, it is determined that:
14         (1) the proof is evident or the presumption great that
15     the defendant has committed the offense of arson,
16     aggravated arson, residential arson, place of worship
17     arson, possession of explosives or explosive or incendiary
18     devices, aggravated participation in methamphetamine
19     manufacturing under subparagraph (F) of paragraph (1) of
20     subsection (b) of Section 15 of the Methamphetamine Control
21     and Community Protection Act, or an attempt to commit any
22     of these offenses; and
23         (2) the defendant poses a real and present threat to
24     the physical safety of any person; and
25         (3) the denial of release on bail or personal
26     recognizance is necessary to prevent fulfillment of the
27     threat upon which the charge is based; and
28         (4) the court finds that no condition or combination of
29     conditions set forth in subsection (b) of Section 110-10 of
30     this Code, including mental health treatment at a community
31     mental health center, hospital, or facility of the
32     Department of Human Services, can reasonably assure the
33     physical safety of any person.
34     (c) Conduct of the hearings.
35         (1) The hearing on the defendant's culpability and
36     threat to the public shall be conducted in accordance with

 

 

HB4886 Engrossed - 5 - LRB094 16022 RLC 51257 b

1     the following provisions:
2             (A) Information used by the court in its findings
3         or stated in or offered at the hearing may be by way of
4         proffer based upon reliable information offered by the
5         State or by the defendant. The defendant has the right
6         to be represented by counsel, and if he or she is
7         indigent, to have counsel appointed for him or her. The
8         defendant shall have the opportunity to testify, to
9         present witnesses in his or her own behalf, and to
10         cross-examine witnesses if any are called by the State.
11         The defendant has the right to present witnesses in his
12         or her favor. When the ends of justice so require, the
13         court may exercise its discretion and compel the
14         appearance of a complaining witness. The court shall
15         state on the record reasons for granting a defense
16         request to compel the presence of a complaining
17         witness. Cross-examination of a complaining witness at
18         the pretrial detention hearing for the purpose of
19         impeaching the witness' credibility is insufficient
20         reason to compel the presence of the witness. In
21         deciding whether to compel the appearance of a
22         complaining witness, the court shall be considerate of
23         the emotional and physical well-being of the witness.
24         The pretrial detention hearing is not to be used for
25         the purposes of discovery, and the post arraignment
26         rules of discovery do not apply. The State shall tender
27         to the defendant, prior to the hearing, copies of the
28         defendant's criminal history, if any, if available,
29         and any written or recorded statements and the
30         substance of any oral statements made by any person, if
31         relied upon by the State. The rules concerning the
32         admissibility of evidence in criminal trials do not
33         apply to the presentation and consideration of
34         information at the hearing. At the trial concerning the
35         offense for which the hearing was conducted neither the
36         finding of the court nor any transcript or other record

 

 

HB4886 Engrossed - 6 - LRB094 16022 RLC 51257 b

1         of the hearing shall be admissible in the State's case
2         in chief, but shall be admissible for impeachment, or
3         as provided in Section 115-10.1 of this Code, or in a
4         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 of
10         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 any person; and
15             (B) the denial of release on bail or personal
16         recognizance is necessary to prevent fulfillment of
17         the threat upon which the charge is based;
18     shall be supported by clear and convincing evidence
19     presented by the State.
20     (d) Factors to be considered in making a determination of
21 the threat to the public. The court may, in determining whether
22 the defendant poses, at the time of the hearing, a real and
23 present threat to the physical safety of any person, consider
24 but shall not be limited to evidence or testimony concerning:
25         (1) the nature and circumstances of the offense
26     charged;
27         (2) the history and characteristics of the defendant
28     including:
29             (A) any evidence of the defendant's prior criminal
30         history indicative of violent, abusive or assaultive
31         behavior, or lack of that behavior. The evidence may
32         include testimony or documents received in juvenile
33         proceedings, criminal, quasi-criminal, civil
34         commitment, domestic relations or other proceedings;
35             (B) any evidence of the defendant's psychological,
36         psychiatric or other similar social history that tends

 

 

HB4886 Engrossed - 7 - LRB094 16022 RLC 51257 b

1         to indicate a violent, abusive, or assaultive nature,
2         or lack of any such history.
3         (3) the nature of the threat which is the basis of the
4     charge against the defendant;
5         (4) any statements made by, or attributed to the
6     defendant, together with the circumstances surrounding
7     them;
8         (5) whether the defendant is known to possess or have
9     access to any weapon or weapons;
10         (6) whether, at the time of the current offense or any
11     other offense or arrest, the defendant was on probation,
12     parole, mandatory supervised release or other release from
13     custody pending trial, sentencing, appeal or completion of
14     sentence for an offense under federal or state law;
15         (7) any other factors, including those listed in
16     Section 110-5 of this Code, deemed by the court to have a
17     reasonable bearing upon the defendant's propensity or
18     reputation for violent, abusive or assaultive behavior, or
19     lack of that behavior.
20     (e) The court shall, in any order denying bail to a person
21 charged with arson, aggravated arson, residential arson, place
22 of worship arson, possession of explosives or explosive or
23 incendiary devices, aggravated participation in
24 methamphetamine manufacturing under subparagraph (F) of
25 paragraph (1) of subsection (b) of Section 15 of the
26 Methamphetamine Control and Community Protection Act, or an
27 attempt to commit any of these offenses:
28         (1) briefly summarize the evidence of the defendant's
29     culpability and its reasons for concluding that the
30     defendant should be held without bail;
31         (2) direct that the defendant be committed to the
32     custody of the sheriff for confinement in the county jail
33     pending trial;
34         (3) direct that the defendant be given a reasonable
35     opportunity for private consultation with counsel, and for
36     communication with others of his choice by visitation, mail

 

 

HB4886 Engrossed - 8 - LRB094 16022 RLC 51257 b

1     and telephone; and
2         (4) direct that the sheriff deliver the defendant as
3     required for appearances in connection with court
4     proceedings.
5     (f) If the court enters an order for the detention of the
6 defendant under subsection (e) of this Section, the defendant
7 shall be brought to trial on the offense for which he or she is
8 detained within 90 days after the date on which the order for
9 detention was entered. If the defendant is not brought to trial
10 within the 90 day period required by this subsection (f), he or
11 she shall not be held longer without bail. In computing the 90
12 day period, the court shall omit any period of delay resulting
13 from a continuance granted at the request of the defendant. The
14 court shall immediately notify the alleged victim of the
15 offense that the defendant has been admitted to bail under this
16 subsection.
17     (g) Any person shall be entitled to appeal any order
18 entered under this Section denying bail to the defendant.
19     (h) The State may appeal any order entered under this
20 Section denying any motion for denial of bail.
21     (i) Nothing in this Section shall be construed as modifying
22 or limiting in any way the defendant's presumption of innocence
23 in further criminal proceedings.