Full Text of SB0552 100th General Assembly
SB0552eng 100TH 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 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. (a) Upon verified application by
the State or | 8 | | the defendant or on its own motion the court before which the
| 9 | | proceeding is
pending may increase or reduce the amount of bail | 10 | | or may alter the
conditions of the bail bond or grant bail | 11 | | where it has been previously
revoked or denied.
If bail has | 12 | | been previously revoked pursuant to subsection (f) of this
| 13 | | Section or if bail has been denied to the defendant pursuant to | 14 | | subsection
(e) of Section 110-6.1 or subsection (e) of Section | 15 | | 110-6.3, the defendant
shall
be required to present a
verified | 16 | | application setting forth in detail any new facts not known or
| 17 | | obtainable at the time of the previous revocation or denial of | 18 | | bail
proceedings. If the court grants bail where it has been | 19 | | previously revoked
or denied, the court shall state on the | 20 | | record of the proceedings the
findings of facts and conclusion | 21 | | of law upon which such order is based.
| 22 | | (a-5) In addition to any other available motion or | 23 | | procedure under this Code, a first time offender in custody for |
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| 1 | | a non-violent misdemeanor offense due to an inability to post | 2 | | monetary bail shall be brought before the court at the next | 3 | | available court date or 7 calendar days from the date bail was | 4 | | set, whichever is earlier, for a rehearing on the amount or | 5 | | conditions of bail or release pending further court | 6 | | proceedings. For purposes of this subsection (a-5), | 7 | | "non-violent misdemeanor" means an offense which does not | 8 | | involve the use or threat of physical force or violence against | 9 | | a person. | 10 | | (b) Violation of the conditions of Section
110-10 of this | 11 | | Code or any special conditions of bail as ordered by the
court | 12 | | shall constitute grounds for the court to increase
the amount | 13 | | of bail, or otherwise alter the conditions of bail, or, where
| 14 | | the alleged offense committed on bail is a forcible felony in | 15 | | Illinois or
a Class 2 or greater offense under the Illinois
| 16 | | Controlled Substances Act, the
Cannabis Control Act, or the | 17 | | Methamphetamine Control and Community Protection Act, revoke | 18 | | bail
pursuant to the appropriate provisions of subsection (e) | 19 | | of this
Section.
| 20 | | (c) Reasonable notice of such application by the defendant | 21 | | shall be
given to the State.
| 22 | | (d) Reasonable notice of such application by the State | 23 | | shall be
given to the defendant, except as provided in | 24 | | subsection (e).
| 25 | | (e) Upon verified application by the State stating facts or
| 26 | | circumstances constituting a violation or a threatened
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| 1 | | violation of any of the
conditions of the bail bond the court | 2 | | may issue a warrant commanding any
peace officer to bring the | 3 | | defendant without unnecessary delay before
the court for a | 4 | | hearing on the matters set forth in the application. If
the | 5 | | actual court before which the proceeding is pending is absent | 6 | | or
otherwise unavailable another court may issue a warrant | 7 | | pursuant to this
Section. When the defendant is charged with a | 8 | | felony offense and while
free on bail is charged with a | 9 | | subsequent felony offense and is the subject
of a proceeding | 10 | | set forth in Section 109-1 or 109-3 of this Code, upon the
| 11 | | filing of a verified petition by the State alleging a violation | 12 | | of Section
110-10 (a) (4) of this Code, the court shall without | 13 | | prior notice to the
defendant, grant leave to file such | 14 | | application and shall order the
transfer of the defendant and | 15 | | the application without unnecessary delay to
the court before | 16 | | which the previous felony matter is pending for a hearing
as | 17 | | provided in subsection (b) or this subsection of this Section. | 18 | | The
defendant shall be held
without bond pending transfer to | 19 | | and a hearing before such court. At
the conclusion of the | 20 | | hearing based on a violation of the conditions of
Section | 21 | | 110-10 of this Code or any special conditions of bail as | 22 | | ordered by
the court the court may enter an order
increasing | 23 | | the amount of bail or alter the conditions of bail as deemed
| 24 | | appropriate.
| 25 | | (f) Where the alleged violation consists of the violation | 26 | | of
one or more felony statutes of any jurisdiction which would |
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| 1 | | be a
forcible felony in Illinois or a Class 2 or greater | 2 | | offense under the
Illinois Controlled Substances Act, the
| 3 | | Cannabis Control Act, or the Methamphetamine Control and | 4 | | Community Protection Act and the
defendant is on bail for the | 5 | | alleged
commission of a felony, or where the defendant is on | 6 | | bail for a felony
domestic battery (enhanced pursuant to | 7 | | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | 8 | | or the Criminal Code of 2012), aggravated
domestic battery, | 9 | | aggravated battery, unlawful restraint, aggravated unlawful
| 10 | | restraint or domestic battery in violation
of item (1) of | 11 | | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | 12 | | or the Criminal Code of 2012
against a
family or household | 13 | | member as defined in Section 112A-3 of this Code and the
| 14 | | violation is an offense of domestic battery against
the same | 15 | | victim the court shall, on the motion of the State
or its own | 16 | | motion, revoke bail
in accordance with the following | 17 | | provisions:
| 18 | | (1) The court shall hold the defendant without bail | 19 | | pending
the hearing on the alleged breach; however, if the | 20 | | defendant
is not admitted to bail the
hearing shall be | 21 | | commenced within 10 days from the date the defendant is
| 22 | | taken into custody or the defendant may not be held any | 23 | | longer without
bail, unless delay is occasioned by the | 24 | | defendant. Where defendant
occasions the delay, the | 25 | | running of the 10 day period is temporarily
suspended and | 26 | | resumes at the termination of the period of delay. Where
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| 1 | | defendant occasions the delay with 5 or fewer days | 2 | | remaining in the 10
day period, the court may grant a | 3 | | period of up to 5 additional days to
the State for good | 4 | | cause shown. The State, however, shall retain the
right to | 5 | | proceed to hearing on the alleged violation at any time, | 6 | | upon
reasonable notice to the defendant and the court.
| 7 | | (2) At a hearing on the alleged violation the State has | 8 | | the burden
of going forward and proving the violation by | 9 | | clear and convincing
evidence. The evidence shall be | 10 | | presented in open court with the
opportunity to testify, to | 11 | | present witnesses in his behalf, and to
cross-examine | 12 | | witnesses if any are called by the State, and | 13 | | representation
by counsel and
if the defendant is indigent | 14 | | to have counsel appointed for him. The
rules of evidence | 15 | | applicable in criminal trials in this State shall not
| 16 | | govern the admissibility of evidence at such hearing.
| 17 | | Information used by the court in its findings or stated in | 18 | | or offered in
connection with hearings for increase or | 19 | | revocation of bail may be by way
of proffer based upon | 20 | | reliable information offered by the State or
defendant. All | 21 | | evidence shall be admissible if it is relevant and reliable
| 22 | | regardless of whether it would be admissible under the | 23 | | rules of evidence
applicable at criminal trials. A motion | 24 | | by the defendant to suppress
evidence or to suppress a | 25 | | confession shall not be entertained at such a
hearing. | 26 | | Evidence that proof may have been obtained as a result of |
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| 1 | | an
unlawful search and seizure or through improper | 2 | | interrogation is not
relevant to this hearing.
| 3 | | (3) Upon a finding by the court that the State has | 4 | | established by
clear and convincing evidence that the | 5 | | defendant has committed a
forcible felony or a Class 2 or | 6 | | greater offense under the Illinois Controlled
Substances | 7 | | Act, the Cannabis Control Act, or the Methamphetamine | 8 | | Control and Community Protection Act while admitted to | 9 | | bail, or where the
defendant is on bail for a felony | 10 | | domestic battery (enhanced pursuant to
subsection (b) of | 11 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | 12 | | Code of 2012), aggravated
domestic battery, aggravated | 13 | | battery, unlawful
restraint, aggravated unlawful restraint | 14 | | or domestic battery in violation of
item (1) of subsection | 15 | | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012
against
a family or household member | 17 | | as defined in
Section 112A-3 of this Code and the violation | 18 | | is an offense of domestic
battery, against the same victim, | 19 | | the court
shall revoke the bail of
the defendant and hold | 20 | | the defendant for trial without bail. Neither the
finding | 21 | | of the court nor any transcript or other record of the | 22 | | hearing
shall be admissible in the State's case in chief, | 23 | | but shall be admissible
for impeachment, or as provided in | 24 | | Section 115-10.1 of this Code or in a
perjury proceeding.
| 25 | | (4) If the bail of any defendant is revoked pursuant to | 26 | | paragraph
(f) (3) of this Section, the defendant may demand |
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| 1 | | and shall be entitled
to be brought to trial on the offense | 2 | | with respect to which he was
formerly released on bail | 3 | | within 90 days after the date on which his
bail was | 4 | | revoked. If the defendant is not brought to trial within | 5 | | the
90 day period required by the preceding sentence, he | 6 | | shall not be held
longer without bail. In computing the 90 | 7 | | day period, the court shall
omit any period of delay | 8 | | resulting from a continuance granted at the
request of the | 9 | | defendant.
| 10 | | (5) If the defendant either is arrested on a warrant | 11 | | issued pursuant
to this Code or is arrested for an | 12 | | unrelated offense and it is subsequently
discovered that | 13 | | the defendant is a subject of another warrant or warrants
| 14 | | issued pursuant to this Code, the defendant shall be | 15 | | transferred promptly
to the court which issued such | 16 | | warrant. If, however, the defendant appears
initially | 17 | | before a court other than the court which issued such | 18 | | warrant,
the non-issuing court shall not alter the amount | 19 | | of bail heretofore set on
such warrant unless the court | 20 | | sets forth on the record of proceedings the
conclusions of | 21 | | law and facts which are the basis for such altering of
| 22 | | another court's bond. The non-issuing court shall not alter | 23 | | another courts
bail set on a warrant unless the interests | 24 | | of justice and public safety are
served by such action.
| 25 | | (g) The State may appeal any order where the court has | 26 | | increased or reduced
the amount of bail or altered the |
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| 1 | | conditions of the bail bond or granted
bail where it has | 2 | | previously been revoked.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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