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92_HB3067
LRB9207680RCcd
1 AN ACT in relation to 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
8 or the defendant or on its own motion the court before which
9 the proceeding is pending may increase or reduce the amount
10 of bail or may alter the conditions of the bail bond or grant
11 bail where it has been previously revoked or denied. If bail
12 has been previously revoked pursuant to subsection (f) of
13 this Section or if bail has been denied to the defendant
14 pursuant to subsection (e) of Section 110-6.1 or subsection
15 (e) of Section 110-6.3, the defendant shall be required to
16 present a verified application setting forth in detail any
17 new facts not known or obtainable at the time of the previous
18 revocation or denial of bail proceedings. If the court
19 grants bail where it has been previously revoked or denied,
20 the court shall state on the record of the proceedings the
21 findings of facts and conclusion of law upon which such order
22 is based.
23 (b) Violation of the conditions of Section 110-10 of
24 this Code or any special conditions of bail as ordered by the
25 court shall constitute grounds for the court to increase the
26 amount of bail, or otherwise alter the conditions of bail,
27 or, where the alleged offense committed on bail is a forcible
28 felony in Illinois or a Class 2 or greater offense under the
29 Controlled Substances Act or Cannabis Control Act, revoke
30 bail pursuant to the appropriate provisions of subsection (e)
31 of this section.
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1 (c) Reasonable notice of such application by the
2 defendant shall be given to the State.
3 (d) Reasonable notice of such application by the State
4 shall be given to the defendant, except as provided in
5 subsection (e) or (f-5).
6 (e) Upon verified application by the State stating facts
7 or circumstances constituting a violation or a threatened
8 violation of any of the conditions of the bail bond the court
9 may issue a warrant commanding any peace officer to bring the
10 defendant without unnecessary delay before the court for a
11 hearing on the matters set forth in the application. If the
12 actual court before which the proceeding is pending is absent
13 or otherwise unavailable another court may issue a warrant
14 pursuant to this Section. When the defendant is charged with
15 a felony offense and while free on bail is charged with a
16 subsequent felony offense and is the subject of a proceeding
17 set forth in Section 109-1 or 109-3 of this Code, upon the
18 filing of a verified petition by the State alleging a
19 violation of Section 110-10 (a) (4) of this Code, the court
20 shall without prior notice to the defendant, grant leave to
21 file such application and shall order the transfer of the
22 defendant and the application without unnecessary delay to
23 the court before which the previous felony matter is pending
24 for a hearing as provided in subsection (b) or this
25 subsection of this Section. The defendant shall be held
26 without bond pending transfer to and a hearing before such
27 court. At the conclusion of the hearing based on a violation
28 of the conditions of Section 110-10 of this Code or any
29 special conditions of bail as ordered by the court the court
30 may enter an order increasing the amount of bail or alter the
31 conditions of bail as deemed appropriate.
32 (f) Where the alleged violation consists of the
33 violation of one or more felony statutes of any jurisdiction
34 which would be a forcible felony in Illinois or a Class 2 or
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1 greater offense under the Illinois Controlled Substances Act
2 or Cannabis Control Act and the defendant is on bail for the
3 alleged commission of a felony, the court shall, on the
4 motion of the State or its own motion, revoke bail in
5 accordance with the following provisions:
6 (1) The court shall hold the defendant without bail
7 pending the hearing on the alleged breach; however, if
8 the defendant is not admitted to bail the hearing shall
9 be commenced within 10 days from the date the defendant
10 is taken into custody or the defendant may not be held
11 any longer without bail, unless delay is occasioned by
12 the defendant. Where defendant occasions the delay, the
13 running of the 10 day period is temporarily suspended and
14 resumes at the termination of the period of delay. Where
15 defendant occasions the delay with 5 or fewer days
16 remaining in the 10 day period, the court may grant a
17 period of up to 5 additional days to the State for good
18 cause shown. The State, however, shall retain the right
19 to proceed to hearing on the alleged violation at any
20 time, upon reasonable notice to the defendant and the
21 court.
22 (2) At a hearing on the alleged violation the State
23 has the burden of going forward and proving the violation
24 by clear and convincing evidence. The evidence shall be
25 presented in open court with the opportunity to testify,
26 to present witnesses in his behalf, and to cross-examine
27 witnesses if any are called by the State, and
28 representation by counsel and if the defendant is
29 indigent to have counsel appointed for him. The rules of
30 evidence applicable in criminal trials in this State
31 shall not govern the admissibility of evidence at such
32 hearing. Information used by the court in its findings or
33 stated in or offered in connection with hearings for
34 increase or revocation of bail may be by way of proffer
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1 based upon reliable information offered by the State or
2 defendant. All evidence shall be admissible if it is
3 relevant and reliable regardless of whether it would be
4 admissible under the rules of evidence applicable at
5 criminal trials. A motion by the defendant to suppress
6 evidence or to suppress a confession shall not be
7 entertained at such a hearing. Evidence that proof may
8 have been obtained as a result of an unlawful search and
9 seizure or through improper interrogation is not relevant
10 to this hearing.
11 (3) Upon a finding by the court that the State has
12 established by clear and convincing evidence that the
13 defendant has committed a forcible felony or a Class 2 or
14 greater offense under the Controlled Substances Act or
15 Cannabis Control Act while admitted to bail, the court
16 shall revoke the bail of the defendant and hold the
17 defendant for trial without bail. Neither the finding of
18 the court nor any transcript or other record of the
19 hearing shall be admissible in the State's case in chief,
20 but shall be admissible for impeachment, or as provided
21 in Section 115-10.1 of this Code or in a perjury
22 proceeding.
23 (4) If the bail of any defendant is revoked
24 pursuant to paragraph (f) (3) of this Section, the
25 defendant may demand and shall be entitled to be brought
26 to trial on the offense with respect to which he was
27 formerly released on bail within 90 days after the date
28 on which his bail was revoked. If the defendant is not
29 brought to trial within the 90 day period required by the
30 preceding sentence, he shall not be held longer without
31 bail. In computing the 90 day period, the court shall
32 omit any period of delay resulting from a continuance
33 granted at the request of the defendant.
34 (5) If the defendant either is arrested on a
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1 warrant issued pursuant to this Code or is arrested for
2 an unrelated offense and it is subsequently discovered
3 that the defendant is a subject of another warrant or
4 warrants issued pursuant to this Code, the defendant
5 shall be transferred promptly to the court which issued
6 such warrant. If, however, the defendant appears
7 initially before a court other than the court which
8 issued such warrant, the non-issuing court shall not
9 alter the amount of bail heretofore set on such warrant
10 unless the court sets forth on the record of proceedings
11 the conclusions of law and facts which are the basis for
12 such altering of another court's bond. The non-issuing
13 court shall not alter another courts bail set on a
14 warrant unless the interests of justice and public safety
15 are served by such action.
16 (f-5) Upon a certificate executed by a physician,
17 clinical psychologist, or qualified examiner, as these terms
18 are defined in the Mental Health and Developmental
19 Disabilities Code, stating that the defendant charged with a
20 felony is a person with a mental illness and is in need of
21 immediate hospitalization because the defendant is reasonably
22 expected to inflict serious physical harm upon himself,
23 herself, or others in the near future, or is unable to
24 provide for his or her basic physical needs to guard himself
25 or herself from serious physical harm, the court may revoke
26 the defendant's bond and order the defendant to appear before
27 the court to determine whether immediate hospitalization is
28 necessary.
29 (g) The State may appeal any order where the court has
30 increased or reduced the amount of bail or altered the
31 conditions of the bail bond or granted bail where it has
32 previously been revoked.
33 (Source: P.A. 86-984; 87-870; 87-871.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.