Illinois General Assembly - Full Text of HB6190
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Full Text of HB6190  99th General Assembly

HB6190enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB6190 EnrolledLRB099 19890 RLC 44289 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 Accelerated Resolution Court Act is amended
5by changing Sections 1, 5, 10, 15, and 20 as follows:
 
6    (730 ILCS 169/1)
7    (Section scheduled to be repealed on June 30, 2017)
8    Sec. 1. Short title. This Act may be cited as the
9Accelerated Resolution Program Court Act.
10(Source: P.A. 99-436, eff. 8-21-15.)
 
11    (730 ILCS 169/5)
12    (Section scheduled to be repealed on June 30, 2017)
13    Sec. 5. Accelerated Resolution Program Court pilot
14program. The Accelerated Resolution Program Court pilot
15program is hereby created in Cook County. Under this Program
16pilot program, the Cook County Sheriff or his or her designee,
17acting in his or her official capacity as Director of the Cook
18County Department of Corrections with the approval of the Cook
19County State's Attorney, may refer eligible defendants to the
20Accelerated Resolution Program Court provided that notice is
21given to the prosecuting State's Attorney and , the defendant's
22counsel of record, and the Presiding Judge of the Criminal

 

 

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1Division of the Circuit Court of Cook County.
2(Source: P.A. 99-436, eff. 8-21-15.)
 
3    (730 ILCS 169/10)
4    (Section scheduled to be repealed on June 30, 2017)
5    Sec. 10. Eligibility.
6    (a) To be eligible for the program the defendant must be:
7        (1) in the custody of the Cook County Department of
8    Corrections 72 hours after bond has been set;
9        (2) unable to post bond or ineligible to be placed on
10    electronic monitoring due to homelessness or a lack of a
11    sufficient host site approved by the Sheriff; and
12        (3) charged with:
13            (A) retail theft of property the full retail value
14        of which does not exceed $300 under Section 16-25 of
15        the Criminal Code of 2012;
16            (B) criminal trespass to real property under
17        Section 21-3 of the Criminal Code of 2012; or
18            (C) criminal trespass to State supported land
19        under Section 21-5 of the Criminal Code of 2012; .
20            (D) a traffic offense, except for any offense
21        involving fleeing or attempting to elude a peace
22        officer or aggravated fleeing or attempting to elude a
23        peace officer under Section 11-204 or 11-204.1 of the
24        Illinois Vehicle Code, driving under the influence
25        under Section 11-501 of the Illinois Vehicle Code, or

 

 

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1        any offense that results in bodily harm; or
2            (E) a Class 4 felony violation of the Illinois
3        Controlled Substances Act.
4    (b) A defendant shall be excluded from the program if the
5defendant has been convicted of, or adjudicated delinquent for,
6a crime of violence in the past 10 years excluding
7incarceration time, including, but not limited to, first degree
8murder, second degree murder, predatory criminal sexual
9assault of a child, aggravated criminal sexual assault,
10criminal sexual assault, armed robbery, aggravated arson,
11arson, aggravated kidnaping, kidnapping, aggravated battery
12resulting in great bodily harm or permanent disability,
13aggravated stalking, stalking, or any offense involving the
14discharge of a firearm.
15(Source: P.A. 99-436, eff. 8-21-15.)
 
16    (730 ILCS 169/15)
17    (Section scheduled to be repealed on June 30, 2017)
18    Sec. 15. Procedure.
19    (a) Once referred to the Accelerated Resolution Program
20Court by the Cook County Sheriff or his or her designee,
21written notice shall be given by the Sheriff to the prosecuting
22State's Attorney and , the defendant's counsel of record, and
23the Presiding Judge of the Criminal Division of the Circuit
24Court of Cook County. Proof of the notice shall be filed with
25the Clerk of the Circuit Court of Cook County. Any referred

 

 

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1case shall be adjudicated within 30 days of the date of
2assignment by the presiding judge, excluding any delay
3occasioned by the defendant.
4    (b) If a case within the Accelerated Resolution Program
5Court is not resolved within 30 days of the date of assignment
6by the presiding judge, the time period provided in subsection
7(a), then the defendant shall be released from custody on his
8or her own recognizance or released on electronic monitoring.
9Any person released under this Section must agree to the terms
10and conditions of release provided by the court.
11    (c) Nothing in this Act shall be construed as prohibiting a
12defendant from requesting a continuance. Any continuance
13granted on behalf of the defendant shall toll the 30-day
14requirement of this Act. Lack of participation by the victim or
15other continuances required on behalf of the State do not toll
16the 30-day requirement of this Act.
17    (d) If a person is released on his or her own recognizance,
18the conditions of the release shall be that he or she shall:
19        (1) appear to answer the charge in the court having
20    jurisdiction on a day certain and thereafter ordered by the
21    court until discharged or final order of the court;
22        (2) submit himself or herself to the orders and process
23    of the court;
24        (3) not depart this State without leave of the court;
25        (4) not violate any criminal statute of any
26    jurisdiction;

 

 

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1        (5) at a time and place designated by the court,
2    surrender all firearms in his or her possession to a law
3    enforcement officer as required under paragraph (5) of
4    subsection (a) of Section 110-10 of the Code of Criminal
5    Procedure of 1963; and
6        (6) (blank). file written notice with the clerk of the
7    court before which the proceeding is pending of any change
8    in his or her address within 24 hours after the change. The
9    address of a defendant who has been released on his or her
10    own recognizance shall at all times remain a matter of
11    public record with the clerk of the court.
12    (e) If the court finds that additional conditions are
13reasonably necessary to assure the defendant's appearance in
14court, protect the public from the defendant, or prevent the
15defendant's unlawful interference with the orderly
16administration of justice, the court may require the defendant
17to:
18        (1) refrain from going to certain described
19    geographical areas or premises;
20        (2) refrain from engaging in certain activities or
21    indulging in intoxicating liquors or in certain drugs;
22        (3) undergo mental health treatment or treatment for
23    drug addiction or alcoholism;
24        (4) attend or reside in a facility designated by the
25    court; or
26        (5) comply with other reasonable conditions as the

 

 

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1    court may impose.
2    (f) A failure to appear as required by the recognizance
3shall constitute an offense subject to the penalty provided in
4Section 32-10 of the Criminal Code of 2012 for violation of
5bail bond.
6    (g) The State may object to the referral of a case under
7Section 15 by providing written notice to the Cook County
8Sheriff's Office and the Office of the Public Defender.
9    (h) The State may object to any order permitting release by
10personal recognizance or electronic monitoring.
11(Source: P.A. 99-436, eff. 8-21-15.)
 
12    (730 ILCS 169/20)
13    (Section scheduled to be repealed on June 30, 2017)
14    Sec. 20. Repeal. This Act is repealed on June 30, 2019
152017.
16(Source: P.A. 99-436, eff. 8-21-15.)