Full Text of HB6190 99th General Assembly
HB6190enr 99TH GENERAL ASSEMBLY |
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| 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 Accelerated Resolution Court Act is amended | 5 | | by changing Sections 1, 5, 10, 15, and 20 as follows: | 6 | | (730 ILCS 169/1) | 7 | | (Section scheduled to be repealed on June 30, 2017)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 | 9 | | Accelerated 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 | 11 | | (730 ILCS 169/5) | 12 | | (Section scheduled to be repealed on June 30, 2017)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 | 14 | | program . The Accelerated Resolution Program Court pilot | 15 | | program is hereby created in Cook County. Under this Program | 16 | | pilot program , the Cook County Sheriff or his or her designee, | 17 | | acting in his or her official capacity as Director of the Cook | 18 | | County Department of Corrections with the approval of the Cook | 19 | | County State's Attorney, may refer eligible defendants to the | 20 | | Accelerated Resolution Program Court provided that notice is | 21 | | given to the prosecuting State's Attorney and , the defendant's | 22 | | counsel of record , and the Presiding Judge of the Criminal |
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| 1 | | Division 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 | 3 | | (730 ILCS 169/10) | 4 | | (Section scheduled to be repealed on June 30, 2017)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 | 5 | | defendant has been convicted of, or adjudicated delinquent for, | 6 | | a crime of violence in the past 10 years excluding | 7 | | incarceration time, including, but not limited to, first degree | 8 | | murder, second degree murder, predatory criminal sexual | 9 | | assault of a child, aggravated criminal sexual assault, | 10 | | criminal sexual assault, armed robbery, aggravated arson, | 11 | | arson, aggravated kidnaping, kidnapping, aggravated battery | 12 | | resulting in great bodily harm or permanent disability, | 13 | | aggravated stalking, stalking, or any offense involving the | 14 | | discharge 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 | 20 | | Court by the Cook County Sheriff or his or her designee, | 21 | | written notice shall be given by the Sheriff to the prosecuting | 22 | | State's Attorney and , the defendant's counsel of record , and | 23 | | the Presiding Judge of the Criminal Division of the Circuit | 24 | | Court of Cook County . Proof of the notice shall be filed with | 25 | | the Clerk of the Circuit Court of Cook County. Any referred |
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| 1 | | case shall be adjudicated within 30 days of the date of | 2 | | assignment by the presiding judge, excluding any delay | 3 | | occasioned by the defendant. | 4 | | (b) If a case within the Accelerated Resolution Program | 5 | | Court is not resolved within 30 days of the date of assignment | 6 | | by the presiding judge, the time period provided in subsection | 7 | | (a), then the defendant shall be released from custody on his | 8 | | or her own recognizance or released on electronic monitoring. | 9 | | Any person released under this Section must agree to the terms | 10 | | and conditions of release provided by the court. | 11 | | (c)
Nothing in this Act shall be construed as prohibiting a | 12 | | defendant from requesting a continuance. Any continuance | 13 | | granted on behalf of the defendant shall toll the 30-day | 14 | | requirement of this Act. Lack of participation by the victim or | 15 | | other continuances required on behalf of the State do not toll | 16 | | the 30-day requirement of this Act. | 17 | | (d) If a person is released on his or her own recognizance, | 18 | | the 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 | 13 | | reasonably necessary to assure the defendant's appearance in | 14 | | court, protect the public from the defendant, or prevent the | 15 | | defendant's unlawful interference with the orderly | 16 | | administration of justice, the court may require the defendant | 17 | | to: | 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 | 3 | | shall constitute an offense subject to the penalty provided in | 4 | | Section 32-10 of the Criminal Code of 2012 for violation of | 5 | | bail bond. | 6 | | (g) The State may object to the referral of a case under | 7 | | Section 15 by providing written notice to the Cook County | 8 | | Sheriff's Office and the Office of the Public Defender.
| 9 | | (h) The State may object to any order permitting release by | 10 | | personal 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 | 15 | | 2017 .
| 16 | | (Source: P.A. 99-436, eff. 8-21-15.)
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