Illinois General Assembly - Full Text of HB0375
Illinois General Assembly

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Full Text of HB0375  100th General Assembly


Rep. Laura Fine

Filed: 3/7/2017





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2    AMENDMENT NO. ______. Amend House Bill 375 by replacing
3everything after the enacting clause with the following:
4    "Section 1. This Act may be referred to as Sam's Act.
5    Section 5. The Illinois Police Training Act is amended by
6changing Section 10.17 as follows:
7    (50 ILCS 705/10.17)
8    Sec. 10.17. Crisis intervention team training; mental
9health awareness training.
10    (a) For purposes of this Section, "mental illness" means a
11mental or emotional disorder that substantially impairs a
12person's thought, perception of reality, emotional process,
13judgment, behavior, or ability to cope with the ordinary
14demands of life, including a developmental disability or
15substance abuse disorder.



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1    (b) The Illinois Law Enforcement Training and Standards
2Board shall develop and approve a standard curriculum for a
3certified training program in crisis intervention addressing
4specialized policing responses to people with mental
5illnesses. The Board shall conduct Crisis Intervention Team
6(CIT) training programs that train officers to identify signs
7and symptoms of mental illness, to de-escalate situations
8involving individuals who appear to have a mental illness, and
9connect that person in crisis to treatment. Officers who have
10successfully completed this program shall be issued a
11certificate attesting to their attendance of a Crisis
12Intervention Team (CIT) training program.
13    (c) The Board shall require 8 hours of mental health
14awareness training for local law enforcement officers which
15shall include training officers to identify signs and symptoms
16of mental illness, identify signs and behaviors of domestic
17violence victims and perpetrators, and identify signs and
18behaviors of persons with Alzheimer's disease or a related
19dementia disorder. The Board shall create an introductory
20course incorporating adult learning models that provide law
21enforcement officers with an awareness of mental health issues
22including a history of the mental health system, types of
23mental health illness including signs and symptoms of mental
24illness and common treatments and medications, and the
25potential interactions law enforcement officers may have on a
26regular basis with these individuals, their families, and



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1service providers including de-escalating a potential crisis
2situation. This training, in addition to other traditional
3learning settings, may be made available in an electronic
4format to facilitate completion of training required in this
5subsection (c). Training offered by law enforcement agencies
6that currently meet the requirements of this subsection (c)
7shall be sufficient for the purposes of this training
8requirement. The Board may partner with local health
9organizations, providers, and a State association dedicated to
10Alzheimer's care, support, and research in developing and
11assisting with the training program.
12(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16.)
13    Section 10. The Illinois Municipal Code is amended by
14adding Section 11-1-14 as follows:
15    (65 ILCS 5/11-1-14 new)
16    Sec. 11-1-14. Law enforcement course. A municipality
17located in a county with more than 3,000,000 inhabitants shall
18require all certified local law enforcement officers to attend
19the course established in subsection (c) of Section 10.17 of
20the Illinois Police Training Act within 2 years of initial
21employment or within 2 years of the effective date of this
22amendatory Act of the 100th General Assembly. Funding for this
23training may be provided from the Mental Health Awareness Fund
24created in subsection (f) of Section 110-7 of the Code of



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1Criminal Procedure of 1963 as managed by the county board.
2    Section 15. The Code of Criminal Procedure of 1963 is
3amended by changing Section 110-7 as follows:
4    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
5    Sec. 110-7. Deposit of bail security.
6    (a) The person for whom bail has been set shall execute the
7bail bond and deposit with the clerk of the court before which
8the proceeding is pending a sum of money equal to 10% of the
9bail, but in no event shall such deposit be less than $25. The
10clerk of the court shall provide a space on each form for a
11person other than the accused who has provided the money for
12the posting of bail to so indicate and a space signed by an
13accused who has executed the bail bond indicating whether a
14person other than the accused has provided the money for the
15posting of bail. The form shall also include a written notice
16to such person who has provided the defendant with the money
17for the posting of bail indicating that the bail may be used to
18pay costs, attorney's fees, fines, or other purposes authorized
19by the court and if the defendant fails to comply with the
20conditions of the bail bond, the court shall enter an order
21declaring the bail to be forfeited. The written notice must be:
22(1) distinguishable from the surrounding text; (2) in bold type
23or underscored; and (3) in a type size at least 2 points larger
24than the surrounding type. When a person for whom bail has been



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1set is charged with an offense under the Illinois Controlled
2Substances Act or the Methamphetamine Control and Community
3Protection Act which is a Class X felony, or making a terrorist
4threat in violation of Section 29D-20 of the Criminal Code of
51961 or the Criminal Code of 2012 or an attempt to commit the
6offense of making a terrorist threat, the court may require the
7defendant to deposit a sum equal to 100% of the bail. Where any
8person is charged with a forcible felony while free on bail and
9is the subject of proceedings under Section 109-3 of this Code
10the judge conducting the preliminary examination may also
11conduct a hearing upon the application of the State pursuant to
12the provisions of Section 110-6 of this Code to increase or
13revoke the bail for that person's prior alleged offense.
14    (b) Upon depositing this sum and any bond fee authorized by
15law, the person shall be released from custody subject to the
16conditions of the bail bond.
17    (c) Once bail has been given and a charge is pending or is
18thereafter filed in or transferred to a court of competent
19jurisdiction the latter court shall continue the original bail
20in that court subject to the provisions of Section 110-6 of
21this Code.
22    (d) After conviction the court may order that the original
23bail stand as bail pending appeal or deny, increase or reduce
24bail subject to the provisions of Section 110-6.2.
25    (e) After the entry of an order by the trial court allowing
26or denying bail pending appeal either party may apply to the



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1reviewing court having jurisdiction or to a justice thereof
2sitting in vacation for an order increasing or decreasing the
3amount of bail or allowing or denying bail pending appeal
4subject to the provisions of Section 110-6.2.
5    (f) When the conditions of the bail bond have been
6performed and the accused has been discharged from all
7obligations in the cause the clerk of the court shall return to
8the accused or to the defendant's designee by an assignment
9executed at the time the bail amount is deposited, unless the
10court orders otherwise, 90% of the sum which had been deposited
11and shall retain as bail bond costs 10% of the amount
12deposited. However, in no event shall the amount retained by
13the clerk as bail bond costs be less than $5. Notwithstanding
14the foregoing, in counties with a population of 3,000,000 or
15more, in no event shall the amount retained by the clerk as
16bail bond costs exceed $110, of which $10 shall be deposited in
17the Mental Health Awareness Fund, a special fund created in the
18county treasury of a county with more than 3,000,000
19inhabitants to be used solely for paying for the costs of
20mental health awareness training in subsection (c) of Section
2110.17 of the Illinois Police Training Act for officers employed
22by law enforcement agencies located in a county with more than
233,000,000 inhabitants $100. Bail bond deposited by or on behalf
24of a defendant in one case may be used, in the court's
25discretion, to satisfy financial obligations of that same
26defendant incurred in a different case due to a fine, court



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1costs, restitution or fees of the defendant's attorney of
2record. In counties with a population of 3,000,000 or more, the
3court shall not order bail bond deposited by or on behalf of a
4defendant in one case to be used to satisfy financial
5obligations of that same defendant in a different case until
6the bail bond is first used to satisfy court costs and
7attorney's fees in the case in which the bail bond has been
8deposited and any other unpaid child support obligations are
9satisfied. In counties with a population of less than
103,000,000, the court shall not order bail bond deposited by or
11on behalf of a defendant in one case to be used to satisfy
12financial obligations of that same defendant in a different
13case until the bail bond is first used to satisfy court costs
14in the case in which the bail bond has been deposited.
15    At the request of the defendant the court may order such
1690% of defendant's bail deposit, or whatever amount is
17repayable to defendant from such deposit, to be paid to
18defendant's attorney of record.
19    (g) If the accused does not comply with the conditions of
20the bail bond the court having jurisdiction shall enter an
21order declaring the bail to be forfeited. Notice of such order
22of forfeiture shall be mailed forthwith to the accused at his
23last known address. If the accused does not appear and
24surrender to the court having jurisdiction within 30 days from
25the date of the forfeiture or within such period satisfy the
26court that appearance and surrender by the accused is



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1impossible and without his fault the court shall enter judgment
2for the State if the charge for which the bond was given was a
3felony or misdemeanor, or if the charge was quasi-criminal or
4traffic, judgment for the political subdivision of the State
5which prosecuted the case, against the accused for the amount
6of the bail and costs of the court proceedings; however, in
7counties with a population of less than 3,000,000, instead of
8the court entering a judgment for the full amount of the bond
9the court may, in its discretion, enter judgment for the cash
10deposit on the bond, less costs, retain the deposit for further
11disposition or, if a cash bond was posted for failure to appear
12in a matter involving enforcement of child support or
13maintenance, the amount of the cash deposit on the bond, less
14outstanding costs, may be awarded to the person or entity to
15whom the child support or maintenance is due. The deposit made
16in accordance with paragraph (a) shall be applied to the
17payment of costs. If judgment is entered and any amount of such
18deposit remains after the payment of costs it shall be applied
19to payment of the judgment and transferred to the treasury of
20the municipal corporation wherein the bond was taken if the
21offense was a violation of any penal ordinance of a political
22subdivision of this State, or to the treasury of the county
23wherein the bond was taken if the offense was a violation of
24any penal statute of this State. The balance of the judgment
25may be enforced and collected in the same manner as a judgment
26entered in a civil action.



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1    (h) After a judgment for a fine and court costs or either
2is entered in the prosecution of a cause in which a deposit had
3been made in accordance with paragraph (a) the balance of such
4deposit, after deduction of bail bond costs, shall be applied
5to the payment of the judgment.
6    (i) When a court appearance is required for an alleged
7violation of the Criminal Code of 1961, the Criminal Code of
82012, the Illinois Vehicle Code, the Wildlife Code, the Fish
9and Aquatic Life Code, the Child Passenger Protection Act, or a
10comparable offense of a unit of local government as specified
11in Supreme Court Rule 551, and if the accused does not appear
12in court on the date set for appearance or any date to which
13the case may be continued and the court issues an arrest
14warrant for the accused, based upon his or her failure to
15appear when having so previously been ordered to appear by the
16court, the accused upon his or her admission to bail shall be
17assessed by the court a fee of $75. Payment of the fee shall be
18a condition of release unless otherwise ordered by the court.
19The fee shall be in addition to any bail that the accused is
20required to deposit for the offense for which the accused has
21been charged and may not be used for the payment of court costs
22or fines assessed for the offense. The clerk of the court shall
23remit $70 of the fee assessed to the arresting agency who
24brings the offender in on the arrest warrant. If the Department
25of State Police is the arresting agency, $70 of the fee
26assessed shall be remitted by the clerk of the court to the



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1State Treasurer within one month after receipt for deposit into
2the State Police Operations Assistance Fund. The clerk of the
3court shall remit $5 of the fee assessed to the Circuit Court
4Clerk Operation and Administrative Fund as provided in Section
527.3d of the Clerks of Courts Act.
6(Source: P.A. 99-412, eff. 1-1-16.)".