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




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1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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,
1710-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,
1812-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,
1912-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,
2026.5-2, or 48-1 of the Criminal Code of 2012, a second or
21subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
22of 2012, a violation of paragraph (5) or (6) of subsection (b)
23of Section 10-9 of the Criminal Code of 2012, a violation of



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1subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
2of Section 11-1.50 of the Criminal Code of 2012, a violation of
3Section 12-7 of the Criminal Code of 2012 if the defendant
4inflicts bodily harm on the victim to obtain a confession,
5statement, or information, a violation of Section 12-7.5 of the
6Criminal Code of 2012 if the action results in bodily harm, a
7violation of paragraph (3) of subsection (b) of Section 17-2 of
8the Criminal Code of 2012, a violation of subdivision
9(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
10violation of paragraph (6) of subsection (a) of Section 24-1 of
11the Criminal Code of 2012, a first violation of Section 24-1.6
12of the Criminal Code of 2012 by a person 18 years of age or
13older where the factors listed in both items (A) and (C) or
14both items (A-5) and (C) of paragraph (3) of subsection (a) of
15Section 24-1.6 of the Criminal Code of 2012 are present, a
16Class 3 felony violation of paragraph (1) of subsection (a) of
17Section 2 of the Firearm Owners Identification Card Act, or a
18violation of Section 10 of the Sex Offender Registration Act.
19(Source: P.A. 100-1, eff. 1-1-18.)
20    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
21    Sec. 110-6. Modification of bail or conditions.
22    (a) Upon verified application by the State or the defendant
23or on its own motion the court before which the proceeding is
24pending may increase or reduce the amount of bail or may alter
25the conditions of the bail bond or grant bail where it has been



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1previously revoked or denied. If bail has been previously
2revoked pursuant to subsection (f) of this Section or if bail
3has been denied to the defendant pursuant to subsection (e) of
4Section 110-6.1 or subsection (e) of Section 110-6.3, the
5defendant shall be required to present a verified application
6setting forth in detail any new facts not known or obtainable
7at the time of the previous revocation or denial of bail
8proceedings. If the court grants bail where it has been
9previously revoked or denied, the court shall state on the
10record of the proceedings the findings of facts and conclusion
11of law upon which such order is based.
12    (a-5) In addition to any other available motion or
13procedure under this Code, a person in custody solely for a
14Category B offense due to an inability to post monetary bail
15shall be brought before the court at the next available court
16date or 7 calendar days from the date bail was set, whichever
17is earlier, for a rehearing on the amount or conditions of bail
18or release pending further court proceedings. The court may
19reconsider conditions of release for any other person whose
20inability to post monetary bail is the sole reason for
21continued incarceration, including a person in custody for a
22Category A offense or a Category A offense and a Category B
23offense. The court may deny the rehearing permitted under this
24subsection (a-5) if the person has failed to appear as required
25before the court and is incarcerated based on a warrant for
26failure to appear on the same original criminal offense.



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1    (b) Violation of the conditions of Section 110-10 of this
2Code or any special conditions of bail as ordered by the court
3shall constitute grounds for the court to increase the amount
4of bail, or otherwise alter the conditions of bail, or, where
5the alleged offense committed on bail is a forcible felony in
6Illinois or a Class 2 or greater offense under the Illinois
7Controlled Substances Act, the Cannabis Control Act, or the
8Methamphetamine Control and Community Protection Act, revoke
9bail pursuant to the appropriate provisions of subsection (e)
10of this Section.
11    (c) Reasonable notice of such application by the defendant
12shall be given to the State.
13    (d) Reasonable notice of such application by the State
14shall be given to the defendant, except as provided in
15subsection (e).
16    (e) Upon verified application by the State stating facts or
17circumstances constituting a violation or a threatened
18violation of any of the conditions of the bail bond the court
19may issue a warrant commanding any peace officer to bring the
20defendant without unnecessary delay before the court for a
21hearing on the matters set forth in the application. If the
22actual court before which the proceeding is pending is absent
23or otherwise unavailable another court may issue a warrant
24pursuant to this Section. When the defendant is charged with a
25felony offense and while free on bail is charged with a
26subsequent felony offense and is the subject of a proceeding



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1set forth in Section 109-1 or 109-3 of this Code, upon the
2filing of a verified petition by the State alleging a violation
3of Section 110-10 (a) (4) of this Code, the court shall without
4prior notice to the defendant, grant leave to file such
5application and shall order the transfer of the defendant and
6the application without unnecessary delay to the court before
7which the previous felony matter is pending for a hearing as
8provided in subsection (b) or this subsection of this Section.
9The defendant shall be held without bond pending transfer to
10and a hearing before such court. At the conclusion of the
11hearing based on a violation of the conditions of Section
12110-10 of this Code or any special conditions of bail as
13ordered by the court the court may enter an order increasing
14the amount of bail or alter the conditions of bail as deemed
16    (f) Where the alleged violation consists of the violation
17of one or more felony statutes of any jurisdiction which would
18be a forcible felony in Illinois or a Class 2 or greater
19offense under the Illinois Controlled Substances Act, the
20Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act and the defendant is on bail for the
22alleged commission of a felony, or where the defendant is on
23bail for a felony domestic battery (enhanced pursuant to
24subsection (b) of Section 12-3.2 of the Criminal Code of 1961
25or the Criminal Code of 2012), aggravated domestic battery,
26aggravated battery, unlawful restraint, aggravated unlawful



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1restraint or domestic battery in violation of item (1) of
2subsection (a) of Section 12-3.2 of the Criminal Code of 1961
3or the Criminal Code of 2012 against a family or household
4member as defined in Section 112A-3 of this Code and the
5violation is an offense of domestic battery against the same
6victim the court shall, on the motion of the State or its own
7motion, revoke bail in accordance with the following
9        (1) The court shall hold the defendant without bail
10    pending the hearing on the alleged breach; however, if the
11    defendant is not admitted to bail the hearing shall be
12    commenced within 10 days from the date the defendant is
13    taken into custody or the defendant may not be held any
14    longer without bail, unless delay is occasioned by the
15    defendant. Where defendant occasions the delay, the
16    running of the 10 day period is temporarily suspended and
17    resumes at the termination of the period of delay. Where
18    defendant occasions the delay with 5 or fewer days
19    remaining in the 10 day period, the court may grant a
20    period of up to 5 additional days to the State for good
21    cause shown. The State, however, shall retain the right to
22    proceed to hearing on the alleged violation at any time,
23    upon reasonable notice to the defendant and the court.
24        (2) At a hearing on the alleged violation the State has
25    the burden of going forward and proving the violation by
26    clear and convincing evidence. The evidence shall be



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1    presented in open court with the opportunity to testify, to
2    present witnesses in his behalf, and to cross-examine
3    witnesses if any are called by the State, and
4    representation by counsel and if the defendant is indigent
5    to have counsel appointed for him. The rules of evidence
6    applicable in criminal trials in this State shall not
7    govern the admissibility of evidence at such hearing.
8    Information used by the court in its findings or stated in
9    or offered in connection with hearings for increase or
10    revocation of bail may be by way of proffer based upon
11    reliable information offered by the State or defendant. All
12    evidence shall be admissible if it is relevant and reliable
13    regardless of whether it would be admissible under the
14    rules of evidence applicable at criminal trials. A motion
15    by the defendant to suppress evidence or to suppress a
16    confession shall not be entertained at such a hearing.
17    Evidence that proof may have been obtained as a result of
18    an unlawful search and seizure or through improper
19    interrogation is not relevant to this hearing.
20        (3) Upon a finding by the court that the State has
21    established by clear and convincing evidence that the
22    defendant has committed a forcible felony or a Class 2 or
23    greater offense under the Illinois Controlled Substances
24    Act, the Cannabis Control Act, or the Methamphetamine
25    Control and Community Protection Act while admitted to
26    bail, or where the defendant is on bail for a felony



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1    domestic battery (enhanced pursuant to subsection (b) of
2    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
3    Code of 2012), aggravated domestic battery, aggravated
4    battery, unlawful restraint, aggravated unlawful restraint
5    or domestic battery in violation of item (1) of subsection
6    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
7    Criminal Code of 2012 against a family or household member
8    as defined in Section 112A-3 of this Code and the violation
9    is an offense of domestic battery, against the same victim,
10    the court shall revoke the bail of the defendant and hold
11    the defendant for trial without bail. Neither the finding
12    of the court nor any transcript or other record of the
13    hearing shall be admissible in the State's case in chief,
14    but shall be admissible for impeachment, or as provided in
15    Section 115-10.1 of this Code or in a perjury proceeding.
16        (4) If the bail of any defendant is revoked pursuant to
17    paragraph (f) (3) of this Section, the defendant may demand
18    and shall be entitled to be brought to trial on the offense
19    with respect to which he was formerly released on bail
20    within 90 days after the date on which his bail was
21    revoked. If the defendant is not brought to trial within
22    the 90 day period required by the preceding sentence, he
23    shall not be held longer without bail. In computing the 90
24    day period, the court shall omit any period of delay
25    resulting from a continuance granted at the request of the
26    defendant.



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1        (5) If the defendant either is arrested on a warrant
2    issued pursuant to this Code or is arrested for an
3    unrelated offense and it is subsequently discovered that
4    the defendant is a subject of another warrant or warrants
5    issued pursuant to this Code, the defendant shall be
6    transferred promptly to the court which issued such
7    warrant. If, however, the defendant appears initially
8    before a court other than the court which issued such
9    warrant, the non-issuing court shall not alter the amount
10    of bail set on such warrant unless the court sets forth on
11    the record of proceedings the conclusions of law and facts
12    which are the basis for such altering of another court's
13    bond. The non-issuing court shall not alter another courts
14    bail set on a warrant unless the interests of justice and
15    public safety are served by such action.
16    (g) The State may appeal any order where the court has
17increased or reduced the amount of bail or altered the
18conditions of the bail bond or granted bail where it has
19previously been revoked.
20(Source: P.A. 100-1, eff. 1-1-18.)
21    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
22    Sec. 110-14. Credit for incarceration on bailable offense;
23credit against monetary bail for certain offenses.
24    (a) Any person incarcerated on a bailable offense who does
25not supply bail and against whom a fine is levied on conviction



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



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1entitled to its return for 3 years after the conditions of the
2bail bond have been performed and the accused has been
3discharged from all obligations in the cause shall be presumed
4to be abandoned and subject to disposition under the Revised
5Uniform Unclaimed Property Act.
6    (a) (Blank). The clerk of the circuit court, as soon
7thereafter as practicable, shall cause notice to be published
8once, in English, in a newspaper or newspapers of general
9circulation in the county wherein the deposit of bond was
11    (b) (Blank). The published notice shall be entitled "Notice
12of Persons Appearing to be Owners of Abandoned Property" and
13shall contain:
14        (1) The names, in alphabetical order, of persons to
15    whom the notice is directed.
16        (2) A statement that information concerning the amount
17    of the property may be obtained by any persons possessing
18    an interest in the property by making an inquiry at the
19    office of the clerk of the circuit court at a location
20    designated by him.
21        (3) A statement that if proof of claim is not presented
22    by the owner to the clerk of the circuit court and if the
23    owner's right to receive the property is not established to
24    the satisfaction of the clerk of the court within 65 days
25    from the date of the published notice, the abandoned
26    property will be placed in the custody of the treasurer of



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1    the county, not later than 85 days after such publication,
2    to whom all further claims must thereafter be directed. If
3    the claim is established as aforesaid and after deducting
4    an amount not to exceed $20 to cover the cost of notice
5    publication and related clerical expenses, the clerk of the
6    court shall make payment to the person entitled thereto.
7        (4) The clerk of the circuit court is not required to
8    publish in such notice any items of less than $100 unless
9    he deems such publication in the public interest.
10    (c) (Blank). Any clerk of the circuit court who has caused
11notice to be published as provided by this Section shall,
12within 20 days after the time specified in this Section for
13claiming the property from the clerk of the court, pay or
14deliver to the treasurer of the county having jurisdiction of
15the offense, whether the bond was taken there or any other
16county, all sums deposited as specified in this section less
17such amounts as may have been returned to the persons whose
18rights to receive the sums deposited have been established to
19the satisfaction of the clerk of the circuit court. Any clerk
20of the circuit court who transfers such sums to the county
21treasury including sums deposited by persons whose names are
22not required to be set forth in the published notice aforesaid,
23is relieved of all liability for such sums as have been
24transferred as unclaimed bail deposits or any claim which then
25exists or which thereafter may arise or be made in respect to
26such sums.



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1    (d) (Blank). The treasurer of the county shall keep just
2and true accounts of all moneys paid into the treasury, and if
3any person appears within 5 years after the deposit of moneys
4by the clerk of the circuit court and claims any money paid
5into the treasury, he shall file a claim therefor on the form
6prescribed by the treasurer of the county who shall consider
7any claim filed under this Act and who may, in his discretion,
8hold a hearing and receive evidence concerning it. The
9treasurer of the county shall prepare a finding and the
10decision in writing on each hearing, stating the substance of
11any evidence heard by him, his findings of fact in respect
12thereto, and the reasons for his decision. The decision shall
13be a public record.
14    (e) (Blank). All claims which are not filed within the 5
15year period shall be forever barred.
16(Source: P.A. 100-22, eff. 1-1-18.)