Public Act 93-0417
HB0558 Enrolled LRB093 05583 MBS 05675 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 3-7 as follows:
(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
Sec. 3-7. Periods excluded from limitation.
The period within which a prosecution must be commenced
does not include any period in which:
(a) The defendant is not usually and publicly resident
within this State; or
(b) The defendant is a public officer and the offense
charged is theft of public funds while in public office; or
(c) A prosecution is pending against the defendant for
the same conduct, even if the indictment or information which
commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal; or
(d) A proceeding or an appeal from a proceeding relating
to the quashing or enforcement of a Grand Jury subpoena
issued in connection with an investigation of a violation of
a criminal law of this State is pending. However, the period
within which a prosecution must be commenced includes any
period in which the State brings a proceeding or an appeal
from a proceeding specified in this subsection (d); or.
(e) A material witness is placed on active military duty
or leave. In this subsection (e), "material witness"
includes, but is not limited to, the arresting officer,
occurrence witness, or the alleged victim of the offense.
(Source: P.A. 91-231, eff. 1-1-00.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6 as follows:
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. (a) Upon verified application by the State
or the defendant or on its own motion the court before which
the proceeding is pending may increase or reduce the amount
of bail or may alter the conditions of the bail bond or grant
bail where it has been previously revoked or denied. If bail
has been previously revoked pursuant to subsection (f) of
this Section or if bail has been denied to the defendant
pursuant to subsection (e) of Section 110-6.1 or subsection
(e) of Section 110-6.3, the defendant shall be required to
present a verified application setting forth in detail any
new facts not known or obtainable at the time of the previous
revocation or denial of bail proceedings. If the court
grants bail where it has been previously revoked or denied,
the court shall state on the record of the proceedings the
findings of facts and conclusion of law upon which such order
is based.
(b) Violation of the conditions of Section 110-10 of
this Code or any special conditions of bail as ordered by the
court shall constitute grounds for the court to increase the
amount of bail, or otherwise alter the conditions of bail,
or, where the alleged offense committed on bail is a forcible
felony in Illinois or a Class 2 or greater offense under the
Controlled Substances Act or Cannabis Control Act, revoke
bail pursuant to the appropriate provisions of subsection (e)
of this Section.
(c) Reasonable notice of such application by the
defendant shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).
(e) Upon verified application by the State stating facts
or circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with
a felony offense and while free on bail is charged with a
subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a
violation of Section 110-10 (a) (4) of this Code, the court
shall without prior notice to the defendant, grant leave to
file such application and shall order the transfer of the
defendant and the application without unnecessary delay to
the court before which the previous felony matter is pending
for a hearing as provided in subsection (b) or this
subsection of this Section. The defendant shall be held
without bond pending transfer to and a hearing before such
court. At the conclusion of the hearing based on a violation
of the conditions of Section 110-10 of this Code or any
special conditions of bail as ordered by the court the court
may enter an order increasing the amount of bail or alter the
conditions of bail as deemed appropriate.
(f) Where the alleged violation consists of the
violation of one or more felony statutes of any jurisdiction
which would be a forcible felony in Illinois or a Class 2 or
greater offense under the Illinois Controlled Substances Act
or Cannabis Control Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of
1961), aggravated domestic battery, aggravated battery,
unlawful restraint, aggravated unlawful restraint or domestic
battery in violation of item (1) of subsection (a) of Section
12-3.2 of the Criminal Code of 1961 against a family or
household member as defined in Section 112A-3 of this Code
and the violation is an offense of domestic battery against
the same victim the court shall, on the motion of the State
or its own motion, revoke bail in accordance with the
following provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if
the defendant is not admitted to bail the hearing shall
be commenced within 10 days from the date the defendant
is taken into custody or the defendant may not be held
any longer without bail, unless delay is occasioned by
the defendant. Where defendant occasions the delay, the
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right
to proceed to hearing on the alleged violation at any
time, upon reasonable notice to the defendant and the
court.
(2) At a hearing on the alleged violation the State
has the burden of going forward and proving the violation
by clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify,
to present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is
indigent to have counsel appointed for him. The rules of
evidence applicable in criminal trials in this State
shall not govern the admissibility of evidence at such
hearing. Information used by the court in its findings or
stated in or offered in connection with hearings for
increase or revocation of bail may be by way of proffer
based upon reliable information offered by the State or
defendant. All evidence shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at
criminal trials. A motion by the defendant to suppress
evidence or to suppress a confession shall not be
entertained at such a hearing. Evidence that proof may
have been obtained as a result of an unlawful search and
seizure or through improper interrogation is not relevant
to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Controlled Substances Act or
Cannabis Control Act while admitted to bail, or where the
defendant is on bail for a felony domestic battery
(enhanced pursuant to subsection (b) of Section 12-3.2 of
the Criminal Code of 1961), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated
unlawful restraint or domestic battery in violation of
item (1) of subsection (a) of Section 12-3.2 of the
Criminal Code of 1961 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery, against the
same victim, the court shall revoke the bail of the
defendant and hold the defendant for trial without bail.
Neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case in chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked
pursuant to paragraph (f) (3) of this Section, the
defendant may demand and shall be entitled to be brought
to trial on the offense with respect to which he was
formerly released on bail within 90 days after the date
on which his bail was revoked. If the defendant is not
brought to trial within the 90 day period required by the
preceding sentence, he shall not be held longer without
bail. In computing the 90 day period, the court shall
omit any period of delay resulting from a continuance
granted at the request of the defendant.
(5) If the defendant either is arrested on a
warrant issued pursuant to this Code or is arrested for
an unrelated offense and it is subsequently discovered
that the defendant is a subject of another warrant or
warrants issued pursuant to this Code, the defendant
shall be transferred promptly to the court which issued
such warrant. If, however, the defendant appears
initially before a court other than the court which
issued such warrant, the non-issuing court shall not
alter the amount of bail heretofore set on such warrant
unless the court sets forth on the record of proceedings
the conclusions of law and facts which are the basis for
such altering of another court's bond. The non-issuing
court shall not alter another courts bail set on a
warrant unless the interests of justice and public safety
are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(Source: P.A. 86-984; 87-870; 87-871.)
Section 99. Effective date. This Act takes effect upon
becoming law.