Full Text of HB3361 102nd General Assembly
HB3361 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3361 Introduced 2/22/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/110-6 | from Ch. 38, par. 110-6 |
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Amends the Code of Criminal Procedure of 1963. Provides that a person may not be brought before the court for a rehearing on the amount or conditions of bail or release if the person has been convicted of a felony and the offense for which the person is in custody involves the possession of a firearm.
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| | A BILL FOR |
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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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-6 as follows:
| 6 | | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| 7 | | Sec. 110-6. Modification of bail or conditions. | 8 | | (a) Upon verified application by
the State or the | 9 | | defendant or on its own motion the court before which the
| 10 | | proceeding is
pending may increase or reduce the amount of | 11 | | bail or may alter the
conditions of the bail bond or grant bail | 12 | | where it has been previously
revoked or denied.
If bail has | 13 | | been previously revoked pursuant to subsection (f) of this
| 14 | | Section or if bail has been denied to the defendant pursuant to | 15 | | subsection
(e) of Section 110-6.1 or subsection (e) of Section | 16 | | 110-6.3, the defendant
shall
be required to present a
verified | 17 | | application setting forth in detail any new facts not known or
| 18 | | obtainable at the time of the previous revocation or denial of | 19 | | bail
proceedings. If the court grants bail where it has been | 20 | | previously revoked
or denied, the court shall state on the | 21 | | record of the proceedings the
findings of facts and conclusion | 22 | | of law upon which such order is based.
| 23 | | (a-5) In addition to any other available motion or |
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| 1 | | procedure under this Code, a person in custody solely for a | 2 | | Category B offense due to an inability to post monetary bail | 3 | | shall be brought before the court at the next available court | 4 | | date or 7 calendar days from the date bail was set, whichever | 5 | | is earlier, for a rehearing on the amount or conditions of bail | 6 | | or release pending further court proceedings. The court may | 7 | | reconsider conditions of release for any other person whose | 8 | | inability to post monetary bail is the sole reason for | 9 | | continued incarceration, including a person in custody for a | 10 | | Category A offense or a Category A offense and a Category B | 11 | | offense. The court may deny the rehearing permitted under this | 12 | | subsection (a-5) if the person has failed to appear as | 13 | | required before the court and is incarcerated based on a | 14 | | warrant for failure to appear on the same original criminal | 15 | | offense. A person may not be brought before the court for a | 16 | | rehearing on the amount or conditions of bail or release if the | 17 | | person has been convicted of a felony and the offense for which | 18 | | the person is in custody involves the possession of a firearm. | 19 | | (b) Violation of the conditions of Section
110-10 of this | 20 | | Code or any special conditions of bail as ordered by the
court | 21 | | shall constitute grounds for the court to increase
the amount | 22 | | of bail, or otherwise alter the conditions of bail, or, where
| 23 | | the alleged offense committed on bail is a forcible felony in | 24 | | Illinois or
a Class 2 or greater offense under the Illinois
| 25 | | Controlled Substances Act, the
Cannabis Control Act, or the | 26 | | Methamphetamine Control and Community Protection Act, revoke |
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| 1 | | bail
pursuant to the appropriate provisions of subsection (e) | 2 | | of this
Section.
| 3 | | (c) Reasonable notice of such application by the defendant | 4 | | shall be
given to the State.
| 5 | | (d) Reasonable notice of such application by the State | 6 | | shall be
given to the defendant, except as provided in | 7 | | subsection (e).
| 8 | | (e) Upon verified application by the State stating facts | 9 | | or
circumstances constituting a violation or a threatened
| 10 | | violation of any of the
conditions of the bail bond the court | 11 | | may issue a warrant commanding any
peace officer to bring the | 12 | | defendant without unnecessary delay before
the court for a | 13 | | hearing on the matters set forth in the application. If
the | 14 | | actual court before which the proceeding is pending is absent | 15 | | or
otherwise unavailable another court may issue a warrant | 16 | | pursuant to this
Section. When the defendant is charged with a | 17 | | felony offense and while
free on bail is charged with a | 18 | | subsequent felony offense and is the subject
of a proceeding | 19 | | set forth in Section 109-1 or 109-3 of this Code, upon the
| 20 | | filing of a verified petition by the State alleging a | 21 | | violation of Section
110-10 (a) (4) of this Code, the court | 22 | | shall without prior notice to the
defendant, grant leave to | 23 | | file such application and shall order the
transfer of the | 24 | | defendant and the application without unnecessary delay to
the | 25 | | court before which the previous felony matter is pending for a | 26 | | hearing
as provided in subsection (b) or this subsection of |
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| 1 | | this Section. The
defendant shall be held
without bond pending | 2 | | transfer to and a hearing before such court. At
the conclusion | 3 | | of the hearing based on a violation of the conditions of
| 4 | | Section 110-10 of this Code or any special conditions of bail | 5 | | as ordered by
the court the court may enter an order
increasing | 6 | | the amount of bail or alter the conditions of bail as deemed
| 7 | | appropriate.
| 8 | | (f) Where the alleged violation consists of the violation | 9 | | of
one or more felony statutes of any jurisdiction which would | 10 | | be a
forcible felony in Illinois or a Class 2 or greater | 11 | | offense under the
Illinois Controlled Substances Act, the
| 12 | | Cannabis Control Act, or the Methamphetamine Control and | 13 | | Community Protection Act and the
defendant is on bail for the | 14 | | alleged
commission of a felony, or where the defendant is on | 15 | | bail for a felony
domestic battery (enhanced pursuant to | 16 | | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | 17 | | or the Criminal Code of 2012), aggravated
domestic battery, | 18 | | aggravated battery, unlawful restraint, aggravated unlawful
| 19 | | restraint or domestic battery in violation
of item (1) of | 20 | | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012
against a
family or household | 22 | | member as defined in Section 112A-3 of this Code and the
| 23 | | violation is an offense of domestic battery against
the same | 24 | | victim the court shall, on the motion of the State
or its own | 25 | | motion, revoke bail
in accordance with the following | 26 | | provisions:
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| 1 | | (1) The court shall hold the defendant without bail | 2 | | pending
the hearing on the alleged breach; however, if the | 3 | | defendant
is not admitted to bail the
hearing shall be | 4 | | commenced within 10 days from the date the defendant is
| 5 | | taken into custody or the defendant may not be held any | 6 | | longer without bail, unless delay is occasioned by the | 7 | | defendant. Where defendant
occasions the delay, the | 8 | | running of the 10 day period is temporarily
suspended and | 9 | | resumes at the termination of the period of delay. Where
| 10 | | defendant occasions the delay with 5 or fewer days | 11 | | remaining in the 10
day period, the court may grant a | 12 | | period of up to 5 additional days to
the State for good | 13 | | cause shown. The State, however, shall retain the
right to | 14 | | proceed to hearing on the alleged violation at any time, | 15 | | upon
reasonable notice to the defendant and the court.
| 16 | | (2) At a hearing on the alleged violation the State | 17 | | has the burden
of going forward and proving the violation | 18 | | by clear and convincing
evidence. The evidence shall be | 19 | | presented in open court with the
opportunity to testify, | 20 | | to present witnesses in his behalf, and to
cross-examine | 21 | | witnesses if any are called by the State, and | 22 | | representation
by counsel and
if the defendant is indigent | 23 | | to have counsel appointed for him. The
rules of evidence | 24 | | applicable in criminal trials in this State shall not
| 25 | | govern the admissibility of evidence at such hearing.
| 26 | | Information used by the court in its findings or stated in |
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| 1 | | or offered in
connection with hearings for increase or | 2 | | revocation of bail may be by way
of proffer based upon | 3 | | reliable information offered by the State or
defendant. | 4 | | All evidence shall be admissible if it is relevant and | 5 | | reliable
regardless of whether it would be admissible | 6 | | under the rules of evidence
applicable at criminal trials. | 7 | | A motion by the defendant to suppress
evidence or to | 8 | | suppress a confession shall not be entertained at such a
| 9 | | hearing. Evidence that proof may have been obtained as a | 10 | | result of an
unlawful search and seizure or through | 11 | | improper interrogation is not
relevant to this hearing.
| 12 | | (3) Upon a finding by the court that the State has | 13 | | established by
clear and convincing evidence that the | 14 | | defendant has committed a
forcible felony or a Class 2 or | 15 | | greater offense under the Illinois Controlled
Substances | 16 | | Act, the Cannabis Control Act, or the Methamphetamine | 17 | | Control and Community Protection Act while admitted to | 18 | | bail, or where the
defendant is on bail for a felony | 19 | | domestic battery (enhanced pursuant to
subsection (b) of | 20 | | Section 12-3.2 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012), aggravated
domestic battery, | 22 | | aggravated battery, unlawful
restraint, aggravated | 23 | | unlawful restraint or domestic battery in violation of
| 24 | | item (1) of subsection (a) of Section 12-3.2 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012
against
| 26 | | a family or household member as defined in
Section 112A-3 |
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| 1 | | of this Code and the violation is an offense of domestic
| 2 | | battery, against the same victim, the court
shall revoke | 3 | | the bail of
the defendant and hold the defendant for trial | 4 | | without bail. Neither the
finding of the court nor any | 5 | | transcript or other record of the hearing
shall be | 6 | | admissible in the State's case in chief, but shall be | 7 | | admissible
for impeachment, or as provided in Section | 8 | | 115-10.1 of this Code or in a
perjury proceeding.
| 9 | | (4) If the bail of any defendant is revoked pursuant | 10 | | to paragraph
(f) (3) of this Section, the defendant may | 11 | | demand and shall be entitled
to be brought to trial on the | 12 | | offense with respect to which he was
formerly released on | 13 | | bail within 90 days after the date on which his
bail was | 14 | | revoked. If the defendant is not brought to trial within | 15 | | the
90 day period required by the preceding sentence, he | 16 | | shall not be held
longer without bail. In computing the 90 | 17 | | day period, the court shall
omit any period of delay | 18 | | resulting from a continuance granted at the
request of the | 19 | | defendant.
| 20 | | (5) If the defendant either is arrested on a warrant | 21 | | issued pursuant
to this Code or is arrested for an | 22 | | unrelated offense and it is subsequently
discovered that | 23 | | the defendant is a subject of another warrant or warrants
| 24 | | issued pursuant to this Code, the defendant shall be | 25 | | transferred promptly
to the court which issued such | 26 | | warrant. If, however, the defendant appears
initially |
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| 1 | | before a court other than the court which issued such | 2 | | warrant,
the non-issuing court shall not alter the amount | 3 | | of bail set on
such warrant unless the court sets forth on | 4 | | the record of proceedings the
conclusions of law and facts | 5 | | which are the basis for such altering of
another court's | 6 | | bond. The non-issuing court shall not alter another courts
| 7 | | bail set on a warrant unless the interests of justice and | 8 | | public safety are
served by such action.
| 9 | | (g) The State may appeal any order where the court has | 10 | | increased or reduced
the amount of bail or altered the | 11 | | conditions of the bail bond or granted bail where it has | 12 | | previously been revoked.
| 13 | | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
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