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Public Act 100-0001 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 1. BAIL REFORM | ||||
Section 1-1. This Article 1 may be referred to as the Bail | ||||
Reform Act of 2017. | ||||
Section 1-3. Legislative findings. | ||||
The General Assembly recognizes that the promotion of | ||||
public safety and protection of crime victim rights are 2 of | ||||
the main focuses of our State's criminal justice system; it | ||||
further acknowledges that protecting the rights of the accused | ||||
is central to the integrity of our State's criminal justice | ||||
system. With these focuses in mind, this amendatory Act of the | ||||
100th General Assembly establishes the Bail Reform Act of 2017 | ||||
for the citizens of this State, in recognition that the | ||||
decision-making behind pre-trial release shall not focus on a | ||||
person's wealth and ability to afford monetary bail but shall | ||||
instead focus on a person's threat to public safety or risk of | ||||
failure to appear before a court of appropriate jurisdiction. | ||||
Section 1-5. The Criminal Code of 2012 is amended by | ||||
changing Section 33G-9 as follows: |
(720 ILCS 5/33G-9) | ||
(Section scheduled to be repealed on June 11, 2017) | ||
Sec. 33G-9. Repeal. This Article is repealed on June 11, | ||
2022 5 years after it becomes law .
| ||
(Source: P.A. 97-686, eff. 6-11-12.) | ||
Section 1-10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by | ||
adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows: | ||
(725 ILCS 5/102-7.1 new) | ||
Sec. 102-7.1. "Category A offense". | ||
"Category A offense" means a Class 1 felony, Class 2 | ||
felony, Class X felony, first degree murder, a violation of | ||
Section 11-204 of the Illinois Vehicle Code, a second or | ||
subsequent violation of Section 11-501 of the Illinois Vehicle | ||
Code, a violation of subsection (d) of Section 11-501 of the | ||
Illinois Vehicle Code, a violation of Section 11-401 of the | ||
Illinois Vehicle Code if the accident results in injury and the | ||
person failed to report the accident within 30 minutes, a | ||
violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, | ||
11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, | ||
12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||
12C-5, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code | ||
of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 |
of the Criminal Code of 2012, a violation of paragraph (5) or | ||
(6) of subsection (b) of Section 10-9 of the Criminal Code of | ||
2012, a violation of subsection (b) or (c) or paragraph (1) or | ||
(2) of subsection (a) of Section 11-1.50 of the Criminal Code | ||
of 2012, a violation of Section 12-7 of the Criminal Code of | ||
2012 if the defendant inflicts bodily harm on the victim to | ||
obtain a confession, statement, or information, a violation of | ||
Section 12-7.5 of the Criminal Code of 2012 if the action | ||
results in bodily harm, a violation of paragraph (3) of | ||
subsection (b) of Section 17-2 of the Criminal Code of 2012, a | ||
violation of subdivision (a)(7)(ii) of Section 24-1 of the | ||
Criminal Code of 2012, a violation of paragraph (6) of | ||
subsection (a) of Section 24-1 of the Criminal Code of 2012, or | ||
a violation of Section 10 of the Sex Offender Registration Act. | ||
(725 ILCS 5/102-7.2 new) | ||
Sec. 102-7.2. "Category B offense". | ||
"Category B offense" means a business offense, petty | ||
offense, Class C misdemeanor, Class B misdemeanor, Class A | ||
misdemeanor, Class 3 felony, or Class 4 felony, which is not | ||
specified in Category A.
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(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
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Sec. 109-1. Person arrested.
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(a) A person arrested with or without a warrant shall be | ||
taken without
unnecessary delay before the nearest and most |
accessible judge
in that county, except when such county is a | ||
participant in a
regional jail authority, in which event such | ||
person may be taken to the
nearest and most accessible judge, | ||
irrespective of the county where such
judge presides,
and a | ||
charge shall be filed.
Whenever a person arrested either with | ||
or without a warrant is required
to be taken
before a judge, a | ||
charge
may be filed against such person by way of a two-way | ||
closed circuit
television system, except that a hearing to deny | ||
bail to the defendant may
not be conducted by way of closed | ||
circuit television.
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(a-5) A person charged with an offense shall be allowed | ||
counsel at the hearing at which bail is determined under | ||
Article 110 of this Code. If the defendant desires counsel for | ||
his or her initial appearance but is unable to obtain counsel, | ||
the court shall appoint a public defender or licensed attorney | ||
at law of this State to represent him or her for purposes of | ||
that hearing. | ||
(b) The judge shall:
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(1) Inform the defendant of the charge against him and | ||
shall provide him
with a copy of the charge;
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(2) Advise the defendant of his right to counsel and if | ||
indigent shall
appoint a public defender or licensed | ||
attorney at law of this State to
represent him in | ||
accordance with the provisions of Section 113-3 of this
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Code;
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(3) Schedule a preliminary hearing in appropriate |
cases;
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(4) Admit the defendant to bail in accordance with the | ||
provisions of
Article 110 of this Code; and
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(5) Order the confiscation of the person's passport or | ||
impose travel restrictions on a defendant arrested for | ||
first degree murder or other violent crime as defined in | ||
Section 3 of the Rights of Crime Victims and Witnesses Act, | ||
if the judge determines, based on the factors in Section | ||
110-5 of this Code, that this will reasonably ensure the | ||
appearance of the defendant and compliance by the defendant | ||
with all conditions of release. | ||
(c) The court may issue an order of protection in | ||
accordance with
the provisions of Article 112A of this Code.
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(d) At the initial appearance of a defendant in any | ||
criminal proceeding, the court must advise the defendant in | ||
open court that any foreign national who is arrested or | ||
detained has the right to have notice of the arrest or | ||
detention given to his or her country's consular | ||
representatives and the right to communicate with those | ||
consular representatives if the notice has not already been | ||
provided. The court must make a written record of so advising | ||
the defendant. | ||
(e) If consular notification is not provided to a defendant | ||
before his or her first appearance in court, the court shall | ||
grant any reasonable request for a continuance of the | ||
proceedings to allow contact with the defendant's consulate. |
Any delay caused by the granting of the request by a defendant | ||
shall temporarily suspend for the time of the delay the period | ||
within which a person shall be tried as prescribed by | ||
subsections (a), (b), or (e) of Section 103-5 of this Code and | ||
on the day of the expiration of delay the period shall continue | ||
at the point at which it was suspended. | ||
(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190, | ||
eff. 1-1-16 .)
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(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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Sec. 110-5. Determining the amount of bail and conditions | ||
of release.
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(a) In determining the amount of monetary bail or | ||
conditions of release, if
any,
which will reasonably assure the | ||
appearance of a defendant as required or
the safety of any | ||
other person or the community and the likelihood of
compliance | ||
by the
defendant with all the conditions of bail, the court | ||
shall, on the
basis of available information, take into account | ||
such matters as the
nature and circumstances of the offense | ||
charged, whether the evidence
shows that as part of the offense | ||
there was a use of violence or threatened
use of violence, | ||
whether the offense involved corruption of public
officials or | ||
employees, whether there was physical harm or threats of | ||
physical
harm to any
public official, public employee, judge, | ||
prosecutor, juror or witness,
senior citizen, child, or person | ||
with a disability, whether evidence shows that
during the |
offense or during the arrest the defendant possessed or used a
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firearm, machine gun, explosive or metal piercing ammunition or | ||
explosive
bomb device or any military or paramilitary armament,
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whether the evidence
shows that the offense committed was | ||
related to or in furtherance of the
criminal activities of an | ||
organized gang or was motivated by the defendant's
membership | ||
in or allegiance to an organized gang,
the condition of the
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victim, any written statement submitted by the victim or | ||
proffer or
representation by the State regarding the
impact | ||
which the alleged criminal conduct has had on the victim and | ||
the
victim's concern, if any, with further contact with the | ||
defendant if
released on bail, whether the offense was based on | ||
racial, religious,
sexual orientation or ethnic hatred,
the | ||
likelihood of the filing of a greater charge, the likelihood of
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conviction, the sentence applicable upon conviction, the | ||
weight of the evidence
against such defendant, whether there | ||
exists motivation or ability to
flee, whether there is any | ||
verification as to prior residence, education,
or family ties | ||
in the local jurisdiction, in another county,
state or foreign | ||
country, the defendant's employment, financial resources,
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character and mental condition, past conduct, prior use of | ||
alias names or
dates of birth, and length of residence in the | ||
community,
the consent of the defendant to periodic drug | ||
testing in accordance with
Section 110-6.5,
whether a foreign | ||
national defendant is lawfully admitted in the United
States of | ||
America, whether the government of the foreign national
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maintains an extradition treaty with the United States by which | ||
the foreign
government will extradite to the United States its | ||
national for a trial for
a crime allegedly committed in the | ||
United States, whether the defendant is
currently subject to | ||
deportation or exclusion under the immigration laws of
the | ||
United States, whether the defendant, although a United States | ||
citizen,
is considered under the law of any foreign state a | ||
national of that state
for the purposes of extradition or | ||
non-extradition to the United States,
the amount of unrecovered | ||
proceeds lost as a result of
the alleged offense, the
source of | ||
bail funds tendered or sought to be tendered for bail,
whether | ||
from the totality of the court's consideration,
the loss of | ||
funds posted or sought to be posted for bail will not deter the
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defendant from flight, whether the evidence shows that the | ||
defendant is
engaged in significant
possession, manufacture, | ||
or delivery of a controlled substance or cannabis,
either | ||
individually or in consort with others,
whether at the time of | ||
the offense
charged he or she was on bond or pre-trial release | ||
pending trial, probation,
periodic imprisonment or conditional | ||
discharge pursuant to this Code or the
comparable Code of any | ||
other state or federal jurisdiction, whether the
defendant is | ||
on bond or
pre-trial release pending the imposition or | ||
execution of sentence or appeal of
sentence for any offense | ||
under the laws of Illinois or any other state or
federal | ||
jurisdiction, whether the defendant is under parole, aftercare | ||
release, mandatory
supervised release, or
work release from the |
Illinois Department of Corrections or Illinois Department of | ||
Juvenile Justice or any penal
institution or corrections | ||
department of any state or federal
jurisdiction, the | ||
defendant's record of convictions, whether the defendant has | ||
been
convicted of a misdemeanor or ordinance offense in | ||
Illinois or similar
offense in other state or federal | ||
jurisdiction within the 10 years
preceding the current charge | ||
or convicted of a felony in Illinois, whether
the defendant was | ||
convicted of an offense in another state or federal
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jurisdiction that would
be a felony if committed in Illinois | ||
within the 20 years preceding the
current charge or has been | ||
convicted of such felony and released from the
penitentiary | ||
within 20 years preceding the current charge if a
penitentiary | ||
sentence was imposed in Illinois or other state or federal
| ||
jurisdiction, the defendant's records of juvenile adjudication | ||
of delinquency in any
jurisdiction, any record of appearance or | ||
failure to appear by
the defendant at
court proceedings, | ||
whether there was flight to avoid arrest or
prosecution, | ||
whether the defendant escaped or
attempted to escape to avoid | ||
arrest, whether the defendant refused to
identify himself or | ||
herself, or whether there was a refusal by the defendant to be
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fingerprinted as required by law. Information used by the court | ||
in its
findings or stated in or
offered in connection with this | ||
Section 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.
If the State presents evidence | ||
that the offense committed by the defendant
was related to or | ||
in furtherance of the criminal activities of an organized
gang | ||
or was motivated by the defendant's membership in or allegiance | ||
to an
organized gang, and if the court determines that the | ||
evidence may be
substantiated, the court shall prohibit the | ||
defendant from associating with
other members of the organized | ||
gang as a condition of bail or release.
For the purposes of | ||
this Section,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
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(a-5) There shall be a presumption that any conditions of | ||
release imposed shall be non-monetary in nature and the court | ||
shall impose the least restrictive conditions or combination of | ||
conditions necessary to reasonably assure the appearance of the | ||
defendant for further court proceedings and protect the | ||
integrity of
the judicial proceedings from a specific threat to | ||
a witness or
participant. Conditions of release may include, | ||
but not be limited to, electronic home monitoring, curfews, | ||
drug counseling, stay-away orders, and in-person reporting. | ||
The court shall consider the defendant's socio-economic | ||
circumstance when setting conditions of release or imposing | ||
monetary bail. | ||
(b) The amount of bail shall be:
| ||
(1) Sufficient to assure compliance with the |
conditions set forth in the
bail bond, which shall include | ||
the defendant's current address with a written
| ||
admonishment to the defendant that he or she must comply | ||
with the provisions of
Section 110-12 regarding any change | ||
in his or her address. The defendant's
address shall at all | ||
times remain a matter of public record with the clerk
of | ||
the court.
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(2) Not oppressive.
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(3) Considerate of the financial ability of the | ||
accused.
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(4) When a person is charged with a drug related | ||
offense involving
possession or delivery of cannabis or | ||
possession or delivery of a
controlled substance as defined | ||
in the Cannabis Control Act,
the Illinois Controlled | ||
Substances Act, or the Methamphetamine Control and | ||
Community Protection Act, the full street value
of the | ||
drugs seized shall be considered. "Street value" shall be
| ||
determined by the court on the basis of a proffer by the | ||
State based upon
reliable information of a law enforcement | ||
official contained in a written
report as to the amount | ||
seized and such proffer may be used by the court as
to the | ||
current street value of the smallest unit of the drug | ||
seized.
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(b-5) Upon the filing of a written request demonstrating | ||
reasonable cause, the State's Attorney may request a source of | ||
bail hearing either before or after the posting of any funds.
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If the hearing is granted, before the posting of any bail, the | ||
accused must file a written notice requesting that the court | ||
conduct a source of bail hearing. The notice must be | ||
accompanied by justifying affidavits stating the legitimate | ||
and lawful source of funds for bail. At the hearing, the court | ||
shall inquire into any matters stated in any justifying | ||
affidavits, and may also inquire into matters appropriate to | ||
the determination which shall include, but are not limited to, | ||
the following: | ||
(1) the background, character, reputation, and | ||
relationship to the accused of any surety; and | ||
(2) the source of any money or property deposited by | ||
any surety, and whether any such money or property | ||
constitutes the fruits of criminal or unlawful conduct; and | ||
(3) the source of any money posted as cash bail, and | ||
whether any such money constitutes the fruits of criminal | ||
or unlawful conduct; and | ||
(4) the background, character, reputation, and | ||
relationship to the accused of the person posting cash | ||
bail. | ||
Upon setting the hearing, the court shall examine, under | ||
oath, any persons who may possess material information. | ||
The State's Attorney has a right to attend the hearing, to | ||
call witnesses and to examine any witness in the proceeding. | ||
The court shall, upon request of the State's Attorney, continue | ||
the proceedings for a reasonable period to allow the State's |
Attorney to investigate the matter raised in any testimony or | ||
affidavit.
If the hearing is granted after the accused has | ||
posted bail, the court shall conduct a hearing consistent with | ||
this subsection (b-5). At the conclusion of the hearing, the | ||
court must issue an order either approving of disapproving the | ||
bail.
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(c) When a person is charged with an offense punishable by | ||
fine only the
amount of the bail shall not exceed double the | ||
amount of the maximum penalty.
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(d) When a person has been convicted of an offense and only | ||
a fine has
been imposed the amount of the bail shall not exceed | ||
double the amount of
the fine.
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(e) The State may appeal any order granting bail or setting
| ||
a given amount for bail. | ||
(f) When a person is charged with a violation of an order | ||
of protection under Section 12-3.4 or 12-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or when a person is | ||
charged with domestic battery, aggravated domestic battery, | ||
kidnapping, aggravated kidnaping, unlawful restraint, | ||
aggravated unlawful restraint, stalking, aggravated stalking, | ||
cyberstalking, harassment by telephone, harassment through | ||
electronic communications, or an attempt to commit first degree | ||
murder committed against an intimate partner regardless | ||
whether an order of protection has been issued against the | ||
person, | ||
(1) whether the alleged incident involved harassment |
or abuse, as defined in the Illinois Domestic Violence Act | ||
of 1986; | ||
(2) whether the person has a history of domestic | ||
violence, as defined in the Illinois Domestic Violence Act, | ||
or a history of other criminal acts; | ||
(3) based on the mental health of the person; | ||
(4) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(5) whether the person has been, or is, potentially a | ||
threat to any other person; | ||
(6) whether the person has access to deadly weapons or | ||
a history of using deadly weapons; | ||
(7) whether the person has a history of abusing alcohol | ||
or any controlled substance; | ||
(8) based on the severity of the alleged incident that | ||
is the basis of the alleged offense, including, but not | ||
limited to, the duration of the current incident, and | ||
whether the alleged incident involved the use of a weapon, | ||
physical injury, sexual assault, strangulation, abuse | ||
during the alleged victim's pregnancy, abuse of pets, or | ||
forcible entry to gain access to the alleged victim; | ||
(9) whether a separation of the person from the alleged | ||
victim or a termination of the relationship between the | ||
person and the alleged victim has recently occurred or is | ||
pending; | ||
(10) whether the person has exhibited obsessive or |
controlling behaviors toward the alleged victim, | ||
including, but not limited to, stalking, surveillance, or | ||
isolation of the alleged victim or victim's family member | ||
or members; | ||
(11) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(12) based on any information contained in the | ||
complaint and any police reports, affidavits, or other | ||
documents accompanying the complaint, | ||
the court may, in its discretion, order the respondent to | ||
undergo a risk assessment evaluation using a recognized, | ||
evidence-based instrument conducted by an Illinois Department | ||
of Human Services approved partner abuse intervention program | ||
provider, pretrial service, probation, or parole agency. These | ||
agencies shall have access to summaries of the defendant's | ||
criminal history, which shall not include victim interviews or | ||
information, for the risk evaluation. Based on the information | ||
collected from the 12 points to be considered at a bail hearing | ||
under this subsection (f), the results of any risk evaluation | ||
conducted and the other circumstances of the violation, the | ||
court may order that the person, as a condition of bail, be | ||
placed under electronic surveillance as provided in Section | ||
5-8A-7 of the Unified Code of Corrections. Upon making a | ||
determination whether or not to order the respondent to undergo | ||
a risk assessment evaluation or to be placed under electronic | ||
surveillance and risk assessment, the court shall document in |
the record the court's reasons for making those determinations. | ||
The cost of the electronic surveillance and risk assessment | ||
shall be paid by, or on behalf, of the defendant. As used in | ||
this subsection (f), "intimate partner" means a spouse or a | ||
current or former partner in a cohabitation or dating | ||
relationship.
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(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15; | ||
99-143, eff. 7-27-15.)
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(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||
Sec. 110-6. Modification of bail or conditions. | ||
(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.
|
(a-5) In addition to any other available motion or | ||
procedure under this Code, a person in custody for a Category B | ||
offense due to an inability to post monetary bail shall be | ||
brought before the court at the next available court date or 7 | ||
calendar days from the date bail was set, whichever is earlier, | ||
for a rehearing on the amount or conditions of bail or release | ||
pending further court proceedings. The court may reconsider | ||
conditions of release for any other person whose inability to | ||
post monetary bail is the sole reason for continued | ||
incarceration, including a person in custody for a Category A | ||
offense. | ||
(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 Illinois
| ||
Controlled Substances Act, the
Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection 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, the
| ||
Cannabis Control Act, or the Methamphetamine Control and | ||
Community Protection 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 | ||
or the Criminal Code of 2012), 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 | ||
or the Criminal Code of 2012
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 Illinois Controlled
Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection 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 or the Criminal | ||
Code of 2012), 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 or the | ||
Criminal Code of 2012
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. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/110-6.4 new) | ||
Sec. 110-6.4. Statewide risk assessment tool. | ||
The Supreme Court may establish a statewide | ||
risk-assessment tool to be used in proceedings to assist the | ||
court in establishing bail for a defendant by assessing the | ||
defendant's likelihood of appearing at future court | ||
proceedings or determining if the defendant poses a real and | ||
present threat to the physical safety of any person or persons. | ||
The Supreme Court shall consider establishing a | ||
risk-assessment tool that does not discriminate on the basis of | ||
race, gender, educational level, socio-economic status, or | ||
neighborhood. If a risk assessment tool is utilized within a | ||
circuit that does not require a personal interview to be | ||
completed, the Chief Judge of the circuit or the Director of | ||
the Pre-trial Services Agency may exempt the requirement under | ||
Section 9 and subsection (a) of Section 7 of the Pretrial | ||
Services Act. | ||
For the purpose of this Section, "risk assessment tool" | ||
means an empirically validated, evidence-based screening | ||
instrument that demonstrates reduced instances of a |
defendant's failure to appear for further court proceedings or | ||
prevents future criminal activity.
| ||
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| ||
Sec. 110-14. Credit for incarceration on bailable offense; | ||
credit against monetary bail for certain offenses | ||
Incarceration on Bailable Offense . | ||
(a) Any person incarcerated on a bailable offense who does | ||
not supply
bail and against whom a fine is levied on conviction | ||
of the such offense
shall be allowed a credit of $5 for each | ||
day so incarcerated upon application
of the defendant. However,
| ||
in no case shall the amount so allowed or
credited exceed the | ||
amount of the fine. | ||
(b) Subsection (a) does not apply to a person incarcerated | ||
for sexual assault as defined in paragraph (1) of subsection | ||
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
| ||
(c) A person subject to bail on a Category B offense shall | ||
have $30 deducted from his or her monetary bail every day the | ||
person is incarcerated.
| ||
(Source: P.A. 93-699, eff. 1-1-05.)
| ||
ARTICLE 5. THREATENING PUBLIC OFFICIALS | ||
Section 5-5. The Criminal Code of 2012 is amended by | ||
changing Section 12-9 as follows:
|
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| ||
Sec. 12-9. Threatening public officials; human service | ||
providers.
| ||
(a) A person commits threatening a public official or human | ||
service provider when:
| ||
(1) that person knowingly delivers or conveys, | ||
directly
or indirectly, to a public official or human | ||
service provider by any means a communication:
| ||
(i) containing a threat that would place
the public | ||
official or human service provider or a member of his | ||
or her immediate family in reasonable
apprehension of | ||
immediate or future bodily harm, sexual assault, | ||
confinement,
or restraint; or
| ||
(ii) containing a threat that would place the | ||
public official
or human service provider or a member | ||
of his or her immediate family in reasonable | ||
apprehension that
damage will occur to property in the | ||
custody, care, or control of the public
official or his | ||
or her immediate family; and
| ||
(2) the threat was conveyed because of the performance | ||
or nonperformance
of some public duty or duty as a human | ||
service provider, because of hostility of the person making | ||
the threat
toward the status or position of the public | ||
official or the human service provider, or because of any
| ||
other factor related to the official's public existence.
| ||
(a-5) For purposes of a threat to a sworn law enforcement |
officer, the threat must contain specific facts indicative of a | ||
unique threat to the person, family or property of the officer | ||
and not a generalized threat of harm.
| ||
(a-6) For purposes of a threat to a social worker, | ||
caseworker, investigator, or human service provider, the | ||
threat must contain specific facts indicative of a unique | ||
threat to the person, family or property of the individual and | ||
not a generalized threat of harm. | ||
(b) For purposes of this Section:
| ||
(1) "Public official"
means a person who is elected to | ||
office in accordance with a statute or
who is appointed to | ||
an office which is established, and the qualifications
and | ||
duties of which are prescribed, by statute, to discharge a | ||
public duty
for the State or any of its political | ||
subdivisions or in the case of
an elective office any | ||
person who has filed the required documents for
nomination | ||
or election to such office. "Public official" includes a
| ||
duly
appointed assistant State's Attorney, assistant | ||
Attorney General, or Appellate Prosecutor; a sworn law | ||
enforcement or peace officer; a social worker, caseworker, | ||
attorney, or investigator employed by the Department of | ||
Healthcare and Family Services, the Department of Human | ||
Services, or the Department of Children and Family | ||
Services , or the Guardianship and Advocacy Commission; or | ||
an assistant public guardian, attorney, social worker, | ||
case manager, or investigator employed by a duly appointed |
public guardian .
| ||
(1.5) "Human service provider" means a social worker, | ||
case worker, or investigator employed by an agency or | ||
organization providing social work, case work, or | ||
investigative services under a contract with or a grant | ||
from the Department of Human Services, the Department of | ||
Children and Family Services, the Department of Healthcare | ||
and Family Services, or the Department on Aging.
| ||
(2) "Immediate family" means a
public official's | ||
spouse or child or children.
| ||
(c) Threatening a public official or human service provider | ||
is a Class 3 felony for a
first offense and a Class 2 felony for | ||
a second or subsequent offense.
| ||
(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)
| ||
ARTICLE 99. EFFECTIVE DATE | ||
Section 99-99. Effective date. This Section and Section 1-5 | ||
take effect upon becoming law. |