Illinois General Assembly - Full Text of SB2579
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Full Text of SB2579  100th General Assembly


Rep. Justin Slaughter

Filed: 5/29/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2579 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 102-7.1, 110-6, 110-14, and 110-17
6as follows:
7    (725 ILCS 5/102-7.1)
8    Sec. 102-7.1. "Category A offense". "Category A offense"
9means a Class 1 felony, Class 2 felony, Class X felony, first
10degree murder, a violation of Section 11-204 of the Illinois
11Vehicle Code, a second or subsequent violation of Section
1211-501 of the Illinois Vehicle Code, a violation of subsection
13(d) of Section 11-501 of the Illinois Vehicle Code, a violation
14of Section 11-401 of the Illinois Vehicle Code if the accident
15results in injury and the person failed to report the accident
16within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3,



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110-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,
212-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,
312-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,
426.5-2, or 48-1 of the Criminal Code of 2012, a second or
5subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
6of 2012, a violation of paragraph (5) or (6) of subsection (b)
7of Section 10-9 of the Criminal Code of 2012, a violation of
8subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
9of Section 11-1.50 of the Criminal Code of 2012, a violation of
10Section 12-7 of the Criminal Code of 2012 if the defendant
11inflicts bodily harm on the victim to obtain a confession,
12statement, or information, a violation of Section 12-7.5 of the
13Criminal Code of 2012 if the action results in bodily harm, a
14violation of paragraph (3) of subsection (b) of Section 17-2 of
15the Criminal Code of 2012, a violation of subdivision
16(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
17violation of paragraph (6) of subsection (a) of Section 24-1 of
18the Criminal Code of 2012, a first violation of Section 24-1.6
19of the Criminal Code of 2012 by a person 18 years of age or
20older where the factors listed in both items (A) and (C) or
21both items (A-5) and (C) of paragraph (3) of subsection (a) of
22Section 24-1.6 of the Criminal Code of 2012 are present, a
23Class 3 felony violation of paragraph (1) of subsection (a) of
24Section 2 of the Firearm Owners Identification Card Act, or a
25violation of Section 10 of the Sex Offender Registration Act.
26(Source: P.A. 100-1, eff. 1-1-18.)



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1    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
2    Sec. 110-6. Modification of bail or conditions.
3    (a) Upon verified application by the State or the defendant
4or on its own motion the court before which the proceeding is
5pending may increase or reduce the amount of bail or may alter
6the conditions of the bail bond or grant bail where it has been
7previously revoked or denied. If bail has been previously
8revoked pursuant to subsection (f) of this Section or if bail
9has been denied to the defendant pursuant to subsection (e) of
10Section 110-6.1 or subsection (e) of Section 110-6.3, the
11defendant shall be required to present a verified application
12setting forth in detail any new facts not known or obtainable
13at the time of the previous revocation or denial of bail
14proceedings. If the court grants bail where it has been
15previously revoked or denied, the court shall state on the
16record of the proceedings the findings of facts and conclusion
17of law upon which such order is based.
18    (a-5) In addition to any other available motion or
19procedure under this Code, a person in custody solely for a
20Category B offense due to an inability to post monetary bail
21shall be brought before the court at the next available court
22date or 7 calendar days from the date bail was set, whichever
23is earlier, for a rehearing on the amount or conditions of bail
24or release pending further court proceedings. The court may
25reconsider conditions of release for any other person whose



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1inability to post monetary bail is the sole reason for
2continued incarceration, including a person in custody for a
3Category A offense or a Category A offense and a Category B
4offense. The court may deny the rehearing permitted under this
5subsection (a-5) if the person has failed to appear as required
6before the court and is incarcerated based on a warrant for
7failure to appear on the same original criminal offense.
8    (b) Violation of the conditions of Section 110-10 of this
9Code or any special conditions of bail as ordered by the court
10shall constitute grounds for the court to increase the amount
11of bail, or otherwise alter the conditions of bail, or, where
12the alleged offense committed on bail is a forcible felony in
13Illinois or a Class 2 or greater offense under the Illinois
14Controlled Substances Act, the Cannabis Control Act, or the
15Methamphetamine Control and Community Protection Act, revoke
16bail pursuant to the appropriate provisions of subsection (e)
17of this Section.
18    (c) Reasonable notice of such application by the defendant
19shall be given to the State.
20    (d) Reasonable notice of such application by the State
21shall be given to the defendant, except as provided in
22subsection (e).
23    (e) Upon verified application by the State stating facts or
24circumstances constituting a violation or a threatened
25violation of any of the conditions of the bail bond the court
26may issue a warrant commanding any peace officer to bring the



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1defendant without unnecessary delay before the court for a
2hearing on the matters set forth in the application. If the
3actual court before which the proceeding is pending is absent
4or otherwise unavailable another court may issue a warrant
5pursuant to this Section. When the defendant is charged with a
6felony offense and while free on bail is charged with a
7subsequent felony offense and is the subject of a proceeding
8set forth in Section 109-1 or 109-3 of this Code, upon the
9filing of a verified petition by the State alleging a violation
10of Section 110-10 (a) (4) of this Code, the court shall without
11prior notice to the defendant, grant leave to file such
12application and shall order the transfer of the defendant and
13the application without unnecessary delay to the court before
14which the previous felony matter is pending for a hearing as
15provided in subsection (b) or this subsection of this Section.
16The defendant shall be held without bond pending transfer to
17and a hearing before such court. At the conclusion of the
18hearing based on a violation of the conditions of Section
19110-10 of this Code or any special conditions of bail as
20ordered by the court the court may enter an order increasing
21the amount of bail or alter the conditions of bail as deemed
23    (f) Where the alleged violation consists of the violation
24of one or more felony statutes of any jurisdiction which would
25be a forcible felony in Illinois or a Class 2 or greater
26offense under the Illinois Controlled Substances Act, the



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1Cannabis Control Act, or the Methamphetamine Control and
2Community Protection Act and the defendant is on bail for the
3alleged commission of a felony, or where the defendant is on
4bail for a felony domestic battery (enhanced pursuant to
5subsection (b) of Section 12-3.2 of the Criminal Code of 1961
6or the Criminal Code of 2012), aggravated domestic battery,
7aggravated battery, unlawful restraint, aggravated unlawful
8restraint or domestic battery in violation of item (1) of
9subsection (a) of Section 12-3.2 of the Criminal Code of 1961
10or the Criminal Code of 2012 against a family or household
11member as defined in Section 112A-3 of this Code and the
12violation is an offense of domestic battery against the same
13victim the court shall, on the motion of the State or its own
14motion, revoke bail in accordance with the following
16        (1) The court shall hold the defendant without bail
17    pending the hearing on the alleged breach; however, if the
18    defendant is not admitted to bail the hearing shall be
19    commenced within 10 days from the date the defendant is
20    taken into custody or the defendant may not be held any
21    longer without bail, unless delay is occasioned by the
22    defendant. Where defendant occasions the delay, the
23    running of the 10 day period is temporarily suspended and
24    resumes at the termination of the period of delay. Where
25    defendant occasions the delay with 5 or fewer days
26    remaining in the 10 day period, the court may grant a



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1    period of up to 5 additional days to the State for good
2    cause shown. The State, however, shall retain the right to
3    proceed to hearing on the alleged violation at any time,
4    upon reasonable notice to the defendant and the court.
5        (2) At a hearing on the alleged violation the State has
6    the burden of going forward and proving the violation by
7    clear and convincing evidence. The evidence shall be
8    presented in open court with the opportunity to testify, to
9    present witnesses in his behalf, and to cross-examine
10    witnesses if any are called by the State, and
11    representation by counsel and if the defendant is indigent
12    to have counsel appointed for him. The rules of evidence
13    applicable in criminal trials in this State shall not
14    govern the admissibility of evidence at such hearing.
15    Information used by the court in its findings or stated in
16    or offered in connection with hearings for increase or
17    revocation of bail may be by way of proffer based upon
18    reliable information offered by the State or defendant. All
19    evidence shall be admissible if it is relevant and reliable
20    regardless of whether it would be admissible under the
21    rules of evidence applicable at criminal trials. A motion
22    by the defendant to suppress evidence or to suppress a
23    confession shall not be entertained at such a hearing.
24    Evidence that proof may have been obtained as a result of
25    an unlawful search and seizure or through improper
26    interrogation is not relevant to this hearing.



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1        (3) Upon a finding by the court that the State has
2    established by clear and convincing evidence that the
3    defendant has committed a forcible felony or a Class 2 or
4    greater offense under the Illinois Controlled Substances
5    Act, the Cannabis Control Act, or the Methamphetamine
6    Control and Community Protection Act while admitted to
7    bail, or where the defendant is on bail for a felony
8    domestic battery (enhanced pursuant to subsection (b) of
9    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
10    Code of 2012), aggravated domestic battery, aggravated
11    battery, unlawful restraint, aggravated unlawful restraint
12    or domestic battery in violation of item (1) of subsection
13    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
14    Criminal Code of 2012 against a family or household member
15    as defined in Section 112A-3 of this Code and the violation
16    is an offense of domestic battery, against the same victim,
17    the court shall revoke the bail of the defendant and hold
18    the defendant for trial without bail. Neither the finding
19    of the court nor any transcript or other record of the
20    hearing shall be admissible in the State's case in chief,
21    but shall be admissible for impeachment, or as provided in
22    Section 115-10.1 of this Code or in a perjury proceeding.
23        (4) If the bail of any defendant is revoked pursuant to
24    paragraph (f) (3) of this Section, the defendant may demand
25    and shall be entitled to be brought to trial on the offense
26    with respect to which he was formerly released on bail



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1    within 90 days after the date on which his bail was
2    revoked. If the defendant is not brought to trial within
3    the 90 day period required by the preceding sentence, he
4    shall not be held longer without bail. In computing the 90
5    day period, the court shall omit any period of delay
6    resulting from a continuance granted at the request of the
7    defendant.
8        (5) If the defendant either is arrested on a warrant
9    issued pursuant to this Code or is arrested for an
10    unrelated offense and it is subsequently discovered that
11    the defendant is a subject of another warrant or warrants
12    issued pursuant to this Code, the defendant shall be
13    transferred promptly to the court which issued such
14    warrant. If, however, the defendant appears initially
15    before a court other than the court which issued such
16    warrant, the non-issuing court shall not alter the amount
17    of bail set on such warrant unless the court sets forth on
18    the record of proceedings the conclusions of law and facts
19    which are the basis for such altering of another court's
20    bond. The non-issuing court shall not alter another courts
21    bail set on a warrant unless the interests of justice and
22    public safety are served by such action.
23    (g) The State may appeal any order where the court has
24increased or reduced the amount of bail or altered the
25conditions of the bail bond or granted bail where it has
26previously been revoked.



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1(Source: P.A. 100-1, eff. 1-1-18.)
2    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
3    Sec. 110-14. Credit for incarceration on bailable offense;
4credit against monetary bail for certain offenses.
5    (a) Any person incarcerated on a bailable offense who does
6not supply bail and against whom a fine is levied on conviction
7of the offense shall be allowed a credit of $5 for each day so
8incarcerated upon application of the defendant. However, in no
9case shall the amount so allowed or credited exceed the amount
10of the fine.
11    (b) Subsection (a) does not apply to a person incarcerated
12for sexual assault as defined in paragraph (1) of subsection
13(a) of Section 5-9-1.7 of the Unified Code of Corrections.
14    (c) A person subject to bail on a Category B offense shall
15have $30 deducted from his or her 10% cash bond amount monetary
16bail every day the person is incarcerated. The sheriff shall
17calculate and apply this $30 per day reduction and send notice
18to the circuit clerk if a defendant's 10% cash bond amount is
19reduced to $0, at which point the defendant shall be released
20upon his or her own recognizance.
21    (d) The court may deny the incarceration credit in
22subsection (c) of this Section if the person has failed to
23appear as required before the court and is incarcerated based
24on a warrant for failure to appear on the same original
25criminal offense.



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1(Source: P.A. 100-1, eff. 1-1-18.)
2    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
3    Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding
4the provisions of the Revised Uniform Unclaimed Property Act,
5any sum of money deposited by any person to secure his or her
6release from custody which remains unclaimed by the person
7entitled to its return for 3 years after the conditions of the
8bail bond have been performed and the accused has been
9discharged from all obligations in the cause shall be presumed
10to be abandoned and subject to disposition under the Revised
11Uniform Unclaimed Property Act.
12    (a) (Blank). The clerk of the circuit court, as soon
13thereafter as practicable, shall cause notice to be published
14once, in English, in a newspaper or newspapers of general
15circulation in the county wherein the deposit of bond was
17    (b) (Blank). The published notice shall be entitled "Notice
18of Persons Appearing to be Owners of Abandoned Property" and
19shall contain:
20        (1) The names, in alphabetical order, of persons to
21    whom the notice is directed.
22        (2) A statement that information concerning the amount
23    of the property may be obtained by any persons possessing
24    an interest in the property by making an inquiry at the
25    office of the clerk of the circuit court at a location



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1    designated by him.
2        (3) A statement that if proof of claim is not presented
3    by the owner to the clerk of the circuit court and if the
4    owner's right to receive the property is not established to
5    the satisfaction of the clerk of the court within 65 days
6    from the date of the published notice, the abandoned
7    property will be placed in the custody of the treasurer of
8    the county, not later than 85 days after such publication,
9    to whom all further claims must thereafter be directed. If
10    the claim is established as aforesaid and after deducting
11    an amount not to exceed $20 to cover the cost of notice
12    publication and related clerical expenses, the clerk of the
13    court shall make payment to the person entitled thereto.
14        (4) The clerk of the circuit court is not required to
15    publish in such notice any items of less than $100 unless
16    he deems such publication in the public interest.
17    (c) (Blank). Any clerk of the circuit court who has caused
18notice to be published as provided by this Section shall,
19within 20 days after the time specified in this Section for
20claiming the property from the clerk of the court, pay or
21deliver to the treasurer of the county having jurisdiction of
22the offense, whether the bond was taken there or any other
23county, all sums deposited as specified in this section less
24such amounts as may have been returned to the persons whose
25rights to receive the sums deposited have been established to
26the satisfaction of the clerk of the circuit court. Any clerk



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1of the circuit court who transfers such sums to the county
2treasury including sums deposited by persons whose names are
3not required to be set forth in the published notice aforesaid,
4is relieved of all liability for such sums as have been
5transferred as unclaimed bail deposits or any claim which then
6exists or which thereafter may arise or be made in respect to
7such sums.
8    (d) (Blank). The treasurer of the county shall keep just
9and true accounts of all moneys paid into the treasury, and if
10any person appears within 5 years after the deposit of moneys
11by the clerk of the circuit court and claims any money paid
12into the treasury, he shall file a claim therefor on the form
13prescribed by the treasurer of the county who shall consider
14any claim filed under this Act and who may, in his discretion,
15hold a hearing and receive evidence concerning it. The
16treasurer of the county shall prepare a finding and the
17decision in writing on each hearing, stating the substance of
18any evidence heard by him, his findings of fact in respect
19thereto, and the reasons for his decision. The decision shall
20be a public record.
21    (e) (Blank). All claims which are not filed within the 5
22year period shall be forever barred.
23(Source: P.A. 100-22, eff. 1-1-18.)".