Rep. Elgie R. Sims, Jr.

Filed: 5/26/2017

 

 


 

 


 
10000SB1581ham001LRB100 09335 SLF 27184 a

1
AMENDMENT TO SENATE BILL 1581

2    AMENDMENT NO. ______. Amend Senate Bill 1581 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Bail Reform
5Act of 2017.
 
6    Section 3. Legislative findings.
7    The General Assembly recognizes that the promotion of
8public safety and protection of crime victim rights are 2 of
9the main focuses of our State's criminal justice system; it
10further acknowledges that protecting the rights of the accused
11is central to the integrity of our State's criminal justice
12system. With these focuses in mind, this amendatory Act of the
13100th General Assembly establishes the Bail Reform Act of 2017
14for the citizens of this State, in recognition that the
15decision-making behind pre-trial release shall not focus on a
16person's wealth and ability to afford monetary bail but shall

 

 

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1instead focus on a person's threat to public safety or risk of
2failure to appear before a court of appropriate jurisdiction.
 
3    Section 5. The Criminal Code of 2012 is amended by changing
4Section 33G-9 as follows:
 
5    (720 ILCS 5/33G-9)
6    (Section scheduled to be repealed on June 11, 2017)
7    Sec. 33G-9. Repeal. This Article is repealed on June 11,
82022 5 years after it becomes law.
9(Source: P.A. 97-686, eff. 6-11-12.)
 
10    Section 10. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by
12adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:
 
13    (725 ILCS 5/102-7.1 new)
14    Sec. 102-7.1. "Category A offense".
15    "Category A offense" means a Class 2 felony, Class X
16felony, first degree murder, a violation of Section 11-204 of
17the Illinois Vehicle Code, a second or subsequent violation of
18Section 11-501 of the Illinois Vehicle Code, a violation of
19subsection (d) of Section 11-501 of the Illinois Vehicle Code,
20a violation of Section 11-401 of the Illinois Vehicle Code if
21the accident results in injury and the person failed to report
22the accident within 30 minutes, a violation of Section 9-3,

 

 

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19-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
211-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
312-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.5, 24-3,
425-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
5subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
6of 2012, a violation of paragraph (5) or (6) of subsection (b)
7of Section 10-9 of the Criminal Code of 2012, a violation of
8subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
9of Section 11-1.50 of the Criminal Code of 2012, a violation of
10Section 12-7 of the Criminal Code of 2012 if the defendant
11inflicts bodily harm on the victim to obtain a confession,
12statement, or information, a violation of Section 12-7.5 of the
13Criminal Code of 2012 if the action results in bodily harm, a
14violation of paragraph (3) of subsection (b) of Section 17-2 of
15the Criminal Code of 2012, a violation of subdivision
16(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
17violation of paragraph (6) of subsection (a) of Section 24-1 of
18the Criminal Code of 2012, or a violation of Section 10 of the
19Sex Offender Registration Act.
 
20    (725 ILCS 5/102-7.2 new)
21    Sec. 102-7.2. "Category B offense".
22    "Category B offense" means a business offense, petty
23offense, Class C misdemeanor, Class B misdemeanor, Class A
24misdemeanor, Class 3 felony, or Class 4 felony, which is not
25specified in Category A.
 

 

 

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1    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
2    Sec. 109-1. Person arrested.
3    (a) A person arrested with or without a warrant shall be
4taken without unnecessary delay before the nearest and most
5accessible judge in that county, except when such county is a
6participant in a regional jail authority, in which event such
7person may be taken to the nearest and most accessible judge,
8irrespective of the county where such judge presides, and a
9charge shall be filed. Whenever a person arrested either with
10or without a warrant is required to be taken before a judge, a
11charge may be filed against such person by way of a two-way
12closed circuit television system, except that a hearing to deny
13bail to the defendant may not be conducted by way of closed
14circuit television.
15    (a-5) A person charged with an offense shall be allowed
16counsel at the hearing at which bail is determined under
17Article 110 of this Code. If the defendant desires counsel for
18his or her initial appearance but is unable to obtain counsel,
19the court shall appoint a public defender or licensed attorney
20at law of this State to represent him or her for purposes of
21that hearing.
22    (b) The judge shall:
23        (1) Inform the defendant of the charge against him and
24    shall provide him with a copy of the charge;
25        (2) Advise the defendant of his right to counsel and if

 

 

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1    indigent shall appoint a public defender or licensed
2    attorney at law of this State to represent him in
3    accordance with the provisions of Section 113-3 of this
4    Code;
5        (3) Schedule a preliminary hearing in appropriate
6    cases;
7        (4) Admit the defendant to bail in accordance with the
8    provisions of Article 110 of this Code; and
9        (5) Order the confiscation of the person's passport or
10    impose travel restrictions on a defendant arrested for
11    first degree murder or other violent crime as defined in
12    Section 3 of the Rights of Crime Victims and Witnesses Act,
13    if the judge determines, based on the factors in Section
14    110-5 of this Code, that this will reasonably ensure the
15    appearance of the defendant and compliance by the defendant
16    with all conditions of release.
17    (c) The court may issue an order of protection in
18accordance with the provisions of Article 112A of this Code.
19    (d) At the initial appearance of a defendant in any
20criminal proceeding, the court must advise the defendant in
21open court that any foreign national who is arrested or
22detained has the right to have notice of the arrest or
23detention given to his or her country's consular
24representatives and the right to communicate with those
25consular representatives if the notice has not already been
26provided. The court must make a written record of so advising

 

 

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1the defendant.
2    (e) If consular notification is not provided to a defendant
3before his or her first appearance in court, the court shall
4grant any reasonable request for a continuance of the
5proceedings to allow contact with the defendant's consulate.
6Any delay caused by the granting of the request by a defendant
7shall temporarily suspend for the time of the delay the period
8within which a person shall be tried as prescribed by
9subsections (a), (b), or (e) of Section 103-5 of this Code and
10on the day of the expiration of delay the period shall continue
11at the point at which it was suspended.
12(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
13eff. 1-1-16.)
 
14    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
15    Sec. 110-5. Determining the amount of bail and conditions
16of release.
17    (a) In determining the amount of monetary bail or
18conditions of release, if any, which will reasonably assure the
19appearance of a defendant as required or the safety of any
20other person or the community and the likelihood of compliance
21by the defendant with all the conditions of bail, the court
22shall, on the basis of available information, take into account
23such matters as the nature and circumstances of the offense
24charged, whether the evidence shows that as part of the offense
25there was a use of violence or threatened use of violence,

 

 

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1whether the offense involved corruption of public officials or
2employees, whether there was physical harm or threats of
3physical harm to any public official, public employee, judge,
4prosecutor, juror or witness, senior citizen, child, or person
5with a disability, whether evidence shows that during the
6offense or during the arrest the defendant possessed or used a
7firearm, machine gun, explosive or metal piercing ammunition or
8explosive bomb device or any military or paramilitary armament,
9whether the evidence shows that the offense committed was
10related to or in furtherance of the criminal activities of an
11organized gang or was motivated by the defendant's membership
12in or allegiance to an organized gang, the condition of the
13victim, any written statement submitted by the victim or
14proffer or representation by the State regarding the impact
15which the alleged criminal conduct has had on the victim and
16the victim's concern, if any, with further contact with the
17defendant if released on bail, whether the offense was based on
18racial, religious, sexual orientation or ethnic hatred, the
19likelihood of the filing of a greater charge, the likelihood of
20conviction, the sentence applicable upon conviction, the
21weight of the evidence against such defendant, whether there
22exists motivation or ability to flee, whether there is any
23verification as to prior residence, education, or family ties
24in the local jurisdiction, in another county, state or foreign
25country, the defendant's employment, financial resources,
26character and mental condition, past conduct, prior use of

 

 

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1alias names or dates of birth, and length of residence in the
2community, the consent of the defendant to periodic drug
3testing in accordance with Section 110-6.5, whether a foreign
4national defendant is lawfully admitted in the United States of
5America, whether the government of the foreign national
6maintains an extradition treaty with the United States by which
7the foreign government will extradite to the United States its
8national for a trial for a crime allegedly committed in the
9United States, whether the defendant is currently subject to
10deportation or exclusion under the immigration laws of the
11United States, whether the defendant, although a United States
12citizen, is considered under the law of any foreign state a
13national of that state for the purposes of extradition or
14non-extradition to the United States, the amount of unrecovered
15proceeds lost as a result of the alleged offense, the source of
16bail funds tendered or sought to be tendered for bail, whether
17from the totality of the court's consideration, the loss of
18funds posted or sought to be posted for bail will not deter the
19defendant from flight, whether the evidence shows that the
20defendant is engaged in significant possession, manufacture,
21or delivery of a controlled substance or cannabis, either
22individually or in consort with others, whether at the time of
23the offense charged he or she was on bond or pre-trial release
24pending trial, probation, periodic imprisonment or conditional
25discharge pursuant to this Code or the comparable Code of any
26other state or federal jurisdiction, whether the defendant is

 

 

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1on bond or pre-trial release pending the imposition or
2execution of sentence or appeal of sentence for any offense
3under the laws of Illinois or any other state or federal
4jurisdiction, whether the defendant is under parole, aftercare
5release, mandatory supervised release, or work release from the
6Illinois Department of Corrections or Illinois Department of
7Juvenile Justice or any penal institution or corrections
8department of any state or federal jurisdiction, the
9defendant's record of convictions, whether the defendant has
10been convicted of a misdemeanor or ordinance offense in
11Illinois or similar offense in other state or federal
12jurisdiction within the 10 years preceding the current charge
13or convicted of a felony in Illinois, whether the defendant was
14convicted of an offense in another state or federal
15jurisdiction that would be a felony if committed in Illinois
16within the 20 years preceding the current charge or has been
17convicted of such felony and released from the penitentiary
18within 20 years preceding the current charge if a penitentiary
19sentence was imposed in Illinois or other state or federal
20jurisdiction, the defendant's records of juvenile adjudication
21of delinquency in any jurisdiction, any record of appearance or
22failure to appear by the defendant at court proceedings,
23whether there was flight to avoid arrest or prosecution,
24whether the defendant escaped or attempted to escape to avoid
25arrest, whether the defendant refused to identify himself or
26herself, or whether there was a refusal by the defendant to be

 

 

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1fingerprinted as required by law. Information used by the court
2in its findings or stated in or offered in connection with this
3Section may be by way of proffer based upon reliable
4information offered by the State or defendant. All evidence
5shall be admissible if it is relevant and reliable regardless
6of whether it would be admissible under the rules of evidence
7applicable at criminal trials. If the State presents evidence
8that the offense committed by the defendant was related to or
9in furtherance of the criminal activities of an organized gang
10or was motivated by the defendant's membership in or allegiance
11to an organized gang, and if the court determines that the
12evidence may be substantiated, the court shall prohibit the
13defendant from associating with other members of the organized
14gang as a condition of bail or release. For the purposes of
15this Section, "organized gang" has the meaning ascribed to it
16in Section 10 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act.
18    (a-5) There shall be a presumption that any conditions of
19release imposed shall be non-monetary in nature and the court
20shall impose the least restrictive conditions or combination of
21conditions necessary to reasonably assure the appearance of the
22defendant for further court proceedings and protect the
23integrity of the judicial proceedings from a specific threat to
24a witness or participant. Conditions of release may include,
25but not be limited to, electronic home monitoring, curfews,
26drug counseling, stay-away orders, and in-person reporting.

 

 

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1The court shall consider the defendant's socio-economic
2circumstance when setting conditions of release or imposing
3monetary bail.
4    (b) The amount of bail shall be:
5        (1) Sufficient to assure compliance with the
6    conditions set forth in the bail bond, which shall include
7    the defendant's current address with a written
8    admonishment to the defendant that he or she must comply
9    with the provisions of Section 110-12 regarding any change
10    in his or her address. The defendant's address shall at all
11    times remain a matter of public record with the clerk of
12    the court.
13        (2) Not oppressive.
14        (3) Considerate of the financial ability of the
15    accused.
16        (4) When a person is charged with a drug related
17    offense involving possession or delivery of cannabis or
18    possession or delivery of a controlled substance as defined
19    in the Cannabis Control Act, the Illinois Controlled
20    Substances Act, or the Methamphetamine Control and
21    Community Protection Act, the full street value of the
22    drugs seized shall be considered. "Street value" shall be
23    determined by the court on the basis of a proffer by the
24    State based upon reliable information of a law enforcement
25    official contained in a written report as to the amount
26    seized and such proffer may be used by the court as to the

 

 

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1    current street value of the smallest unit of the drug
2    seized.
3    (b-5) Upon the filing of a written request demonstrating
4reasonable cause, the State's Attorney may request a source of
5bail hearing either before or after the posting of any funds.
6If the hearing is granted, before the posting of any bail, the
7accused must file a written notice requesting that the court
8conduct a source of bail hearing. The notice must be
9accompanied by justifying affidavits stating the legitimate
10and lawful source of funds for bail. At the hearing, the court
11shall inquire into any matters stated in any justifying
12affidavits, and may also inquire into matters appropriate to
13the determination which shall include, but are not limited to,
14the following:
15        (1) the background, character, reputation, and
16    relationship to the accused of any surety; and
17        (2) the source of any money or property deposited by
18    any surety, and whether any such money or property
19    constitutes the fruits of criminal or unlawful conduct; and
20        (3) the source of any money posted as cash bail, and
21    whether any such money constitutes the fruits of criminal
22    or unlawful conduct; and
23        (4) the background, character, reputation, and
24    relationship to the accused of the person posting cash
25    bail.
26    Upon setting the hearing, the court shall examine, under

 

 

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1oath, any persons who may possess material information.
2    The State's Attorney has a right to attend the hearing, to
3call witnesses and to examine any witness in the proceeding.
4The court shall, upon request of the State's Attorney, continue
5the proceedings for a reasonable period to allow the State's
6Attorney to investigate the matter raised in any testimony or
7affidavit. If the hearing is granted after the accused has
8posted bail, the court shall conduct a hearing consistent with
9this subsection (b-5). At the conclusion of the hearing, the
10court must issue an order either approving of disapproving the
11bail.
12    (c) When a person is charged with an offense punishable by
13fine only the amount of the bail shall not exceed double the
14amount of the maximum penalty.
15    (d) When a person has been convicted of an offense and only
16a fine has been imposed the amount of the bail shall not exceed
17double the amount of the fine.
18    (e) The State may appeal any order granting bail or setting
19a given amount for bail.
20    (f) When a person is charged with a violation of an order
21of protection under Section 12-3.4 or 12-30 of the Criminal
22Code of 1961 or the Criminal Code of 2012 or when a person is
23charged with domestic battery, aggravated domestic battery,
24kidnapping, aggravated kidnaping, unlawful restraint,
25aggravated unlawful restraint, stalking, aggravated stalking,
26cyberstalking, harassment by telephone, harassment through

 

 

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1electronic communications, or an attempt to commit first degree
2murder committed against an intimate partner regardless
3whether an order of protection has been issued against the
4person,
5        (1) whether the alleged incident involved harassment
6    or abuse, as defined in the Illinois Domestic Violence Act
7    of 1986;
8        (2) whether the person has a history of domestic
9    violence, as defined in the Illinois Domestic Violence Act,
10    or a history of other criminal acts;
11        (3) based on the mental health of the person;
12        (4) whether the person has a history of violating the
13    orders of any court or governmental entity;
14        (5) whether the person has been, or is, potentially a
15    threat to any other person;
16        (6) whether the person has access to deadly weapons or
17    a history of using deadly weapons;
18        (7) whether the person has a history of abusing alcohol
19    or any controlled substance;
20        (8) based on the severity of the alleged incident that
21    is the basis of the alleged offense, including, but not
22    limited to, the duration of the current incident, and
23    whether the alleged incident involved the use of a weapon,
24    physical injury, sexual assault, strangulation, abuse
25    during the alleged victim's pregnancy, abuse of pets, or
26    forcible entry to gain access to the alleged victim;

 

 

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1        (9) whether a separation of the person from the alleged
2    victim or a termination of the relationship between the
3    person and the alleged victim has recently occurred or is
4    pending;
5        (10) whether the person has exhibited obsessive or
6    controlling behaviors toward the alleged victim,
7    including, but not limited to, stalking, surveillance, or
8    isolation of the alleged victim or victim's family member
9    or members;
10        (11) whether the person has expressed suicidal or
11    homicidal ideations;
12        (12) based on any information contained in the
13    complaint and any police reports, affidavits, or other
14    documents accompanying the complaint,
15the court may, in its discretion, order the respondent to
16undergo a risk assessment evaluation using a recognized,
17evidence-based instrument conducted by an Illinois Department
18of Human Services approved partner abuse intervention program
19provider, pretrial service, probation, or parole agency. These
20agencies shall have access to summaries of the defendant's
21criminal history, which shall not include victim interviews or
22information, for the risk evaluation. Based on the information
23collected from the 12 points to be considered at a bail hearing
24under this subsection (f), the results of any risk evaluation
25conducted and the other circumstances of the violation, the
26court may order that the person, as a condition of bail, be

 

 

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1placed under electronic surveillance as provided in Section
25-8A-7 of the Unified Code of Corrections. Upon making a
3determination whether or not to order the respondent to undergo
4a risk assessment evaluation or to be placed under electronic
5surveillance and risk assessment, the court shall document in
6the record the court's reasons for making those determinations.
7The cost of the electronic surveillance and risk assessment
8shall be paid by, or on behalf, of the defendant. As used in
9this subsection (f), "intimate partner" means a spouse or a
10current or former partner in a cohabitation or dating
11relationship.
12(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15;
1399-143, eff. 7-27-15.)
 
14    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
15    Sec. 110-6. Modification of bail or conditions.
16    (a) Upon verified application by the State or the defendant
17or on its own motion the court before which the proceeding is
18pending may increase or reduce the amount of bail or may alter
19the conditions of the bail bond or grant bail where it has been
20previously revoked or denied. If bail has been previously
21revoked pursuant to subsection (f) of this Section or if bail
22has been denied to the defendant pursuant to subsection (e) of
23Section 110-6.1 or subsection (e) of Section 110-6.3, the
24defendant shall be required to present a verified application
25setting forth in detail any new facts not known or obtainable

 

 

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1at the time of the previous revocation or denial of bail
2proceedings. If the court grants bail where it has been
3previously revoked or denied, the court shall state on the
4record of the proceedings the findings of facts and conclusion
5of law upon which such order is based.
6    (a-5) In addition to any other available motion or
7procedure under this Code, a person in custody for a Category B
8offense due to an inability to post monetary bail shall be
9brought before the court at the next available court date or 7
10calendar days from the date bail was set, whichever is earlier,
11for a rehearing on the amount or conditions of bail or release
12pending further court proceedings. The court may reconsider
13conditions of release for any other person who's inability to
14post monetary bail is the sole reason for continued
15incarceration, including a person in custody for a Category A
16offense.
17    (b) Violation of the conditions of Section 110-10 of this
18Code or any special conditions of bail as ordered by the court
19shall constitute grounds for the court to increase the amount
20of bail, or otherwise alter the conditions of bail, or, where
21the alleged offense committed on bail is a forcible felony in
22Illinois or a Class 2 or greater offense under the Illinois
23Controlled Substances Act, the Cannabis Control Act, or the
24Methamphetamine Control and Community Protection Act, revoke
25bail pursuant to the appropriate provisions of subsection (e)
26of this Section.

 

 

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1    (c) Reasonable notice of such application by the defendant
2shall be given to the State.
3    (d) Reasonable notice of such application by the State
4shall be given to the defendant, except as provided in
5subsection (e).
6    (e) Upon verified application by the State stating facts or
7circumstances constituting a violation or a threatened
8violation of any of the conditions of the bail bond the court
9may issue a warrant commanding any peace officer to bring the
10defendant without unnecessary delay before the court for a
11hearing on the matters set forth in the application. If the
12actual court before which the proceeding is pending is absent
13or otherwise unavailable another court may issue a warrant
14pursuant to this Section. When the defendant is charged with a
15felony offense and while free on bail is charged with a
16subsequent felony offense and is the subject of a proceeding
17set forth in Section 109-1 or 109-3 of this Code, upon the
18filing of a verified petition by the State alleging a violation
19of Section 110-10 (a) (4) of this Code, the court shall without
20prior notice to the defendant, grant leave to file such
21application and shall order the transfer of the defendant and
22the application without unnecessary delay to the court before
23which the previous felony matter is pending for a hearing as
24provided in subsection (b) or this subsection of this Section.
25The defendant shall be held without bond pending transfer to
26and a hearing before such court. At the conclusion of the

 

 

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1hearing based on a violation of the conditions of Section
2110-10 of this Code or any special conditions of bail as
3ordered by the court the court may enter an order increasing
4the amount of bail or alter the conditions of bail as deemed
5appropriate.
6    (f) Where the alleged violation consists of the violation
7of one or more felony statutes of any jurisdiction which would
8be a forcible felony in Illinois or a Class 2 or greater
9offense under the Illinois Controlled Substances Act, the
10Cannabis Control Act, or the Methamphetamine Control and
11Community Protection Act and the defendant is on bail for the
12alleged commission of a felony, or where the defendant is on
13bail for a felony domestic battery (enhanced pursuant to
14subsection (b) of Section 12-3.2 of the Criminal Code of 1961
15or the Criminal Code of 2012), aggravated domestic battery,
16aggravated battery, unlawful restraint, aggravated unlawful
17restraint or domestic battery in violation of item (1) of
18subsection (a) of Section 12-3.2 of the Criminal Code of 1961
19or the Criminal Code of 2012 against a family or household
20member as defined in Section 112A-3 of this Code and the
21violation is an offense of domestic battery against the same
22victim the court shall, on the motion of the State or its own
23motion, revoke bail in accordance with the following
24provisions:
25        (1) The court shall hold the defendant without bail
26    pending the hearing on the alleged breach; however, if the

 

 

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1    defendant is not admitted to bail the hearing shall be
2    commenced within 10 days from the date the defendant is
3    taken into custody or the defendant may not be held any
4    longer without bail, unless delay is occasioned by the
5    defendant. Where defendant occasions the delay, the
6    running of the 10 day period is temporarily suspended and
7    resumes at the termination of the period of delay. Where
8    defendant occasions the delay with 5 or fewer days
9    remaining in the 10 day period, the court may grant a
10    period of up to 5 additional days to the State for good
11    cause shown. The State, however, shall retain the right to
12    proceed to hearing on the alleged violation at any time,
13    upon reasonable notice to the defendant and the court.
14        (2) At a hearing on the alleged violation the State has
15    the burden of going forward and proving the violation by
16    clear and convincing evidence. The evidence shall be
17    presented in open court with the opportunity to testify, to
18    present witnesses in his behalf, and to cross-examine
19    witnesses if any are called by the State, and
20    representation by counsel and if the defendant is indigent
21    to have counsel appointed for him. The rules of evidence
22    applicable in criminal trials in this State shall not
23    govern the admissibility of evidence at such hearing.
24    Information used by the court in its findings or stated in
25    or offered in connection with hearings for increase or
26    revocation of bail may be by way of proffer based upon

 

 

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1    reliable information offered by the State or defendant. All
2    evidence shall be admissible if it is relevant and reliable
3    regardless of whether it would be admissible under the
4    rules of evidence applicable at criminal trials. A motion
5    by the defendant to suppress evidence or to suppress a
6    confession shall not be entertained at such a hearing.
7    Evidence that proof may have been obtained as a result of
8    an unlawful search and seizure or through improper
9    interrogation is not relevant to this hearing.
10        (3) Upon a finding by the court that the State has
11    established by clear and convincing evidence that the
12    defendant has committed a forcible felony or a Class 2 or
13    greater offense under the Illinois Controlled Substances
14    Act, the Cannabis Control Act, or the Methamphetamine
15    Control and Community Protection Act while admitted to
16    bail, or where the defendant is on bail for a felony
17    domestic battery (enhanced pursuant to subsection (b) of
18    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
19    Code of 2012), aggravated domestic battery, aggravated
20    battery, unlawful restraint, aggravated unlawful restraint
21    or domestic battery in violation of item (1) of subsection
22    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
23    Criminal Code of 2012 against a family or household member
24    as defined in Section 112A-3 of this Code and the violation
25    is an offense of domestic battery, against the same victim,
26    the court shall revoke the bail of the defendant and hold

 

 

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1    the defendant for trial without bail. Neither the finding
2    of the court nor any transcript or other record of the
3    hearing shall be admissible in the State's case in chief,
4    but shall be admissible for impeachment, or as provided in
5    Section 115-10.1 of this Code or in a perjury proceeding.
6        (4) If the bail of any defendant is revoked pursuant to
7    paragraph (f) (3) of this Section, the defendant may demand
8    and shall be entitled to be brought to trial on the offense
9    with respect to which he was formerly released on bail
10    within 90 days after the date on which his bail was
11    revoked. If the defendant is not brought to trial within
12    the 90 day period required by the preceding sentence, he
13    shall not be held longer without bail. In computing the 90
14    day period, the court shall omit any period of delay
15    resulting from a continuance granted at the request of the
16    defendant.
17        (5) If the defendant either is arrested on a warrant
18    issued pursuant to this Code or is arrested for an
19    unrelated offense and it is subsequently discovered that
20    the defendant is a subject of another warrant or warrants
21    issued pursuant to this Code, the defendant shall be
22    transferred promptly to the court which issued such
23    warrant. If, however, the defendant appears initially
24    before a court other than the court which issued such
25    warrant, the non-issuing court shall not alter the amount
26    of bail heretofore set on such warrant unless the court

 

 

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1    sets forth on the record of proceedings the conclusions of
2    law and facts which are the basis for such altering of
3    another court's bond. The non-issuing court shall not alter
4    another courts bail set on a warrant unless the interests
5    of justice and public safety are served by such action.
6    (g) The State may appeal any order where the court has
7increased or reduced the amount of bail or altered the
8conditions of the bail bond or granted bail where it has
9previously been revoked.
10(Source: P.A. 97-1150, eff. 1-25-13.)
 
11    (725 ILCS 5/110-6.4 new)
12    Sec. 110-6.4. Statewide risk assessment tool.
13    The Supreme Court may establish a statewide
14risk-assessment tool to be used in proceedings to assist the
15court in establishing bail for a defendant by assessing the
16defendant's likelihood of appearing at future court
17proceedings or determining if the defendant poses a real and
18present threat to the physical safety of any person or persons.
19The Supreme Court shall consider establishing a
20risk-assessment tool that does not discriminate on the basis of
21race, gender, educational level, socio-economic status, or
22neighborhood. If a risk assessment tool is utilized within a
23circuit that does not require a personal interview to be
24completed, the Chief Judge of the circuit or the Director of
25the Pre-trial Services Agency may exempt the requirement under

 

 

10000SB1581ham001- 24 -LRB100 09335 SLF 27184 a

1Section 9 and subsection (a) of Section 7 of the Pretrial
2Services Act.
3    For the purpose of this Section, "risk assessment tool"
4means an empirically validated, evidence-based screening
5instrument that demonstrates reduced instances of a
6defendant's failure to appear for further court proceedings or
7prevents future criminal activity.
 
8    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
9    Sec. 110-14. Credit for incarceration on bailable offense;
10credit against monetary bail for certain offenses
11Incarceration on Bailable Offense.
12    (a) Any person incarcerated on a bailable offense who does
13not supply bail and against whom a fine is levied on conviction
14of the such offense shall be allowed a credit of $5 for each
15day so incarcerated upon application of the defendant. However,
16in no case shall the amount so allowed or credited exceed the
17amount of the fine.
18    (b) Subsection (a) does not apply to a person incarcerated
19for sexual assault as defined in paragraph (1) of subsection
20(a) of Section 5-9-1.7 of the Unified Code of Corrections.
21    (c) A person subject to bail on a Category B offense shall
22have $30 deducted from his or her monetary bail every day the
23person is incarcerated.
24(Source: P.A. 93-699, eff. 1-1-05.)
 

 

 

10000SB1581ham001- 25 -LRB100 09335 SLF 27184 a

1    Section 99. Effective date. This Section and Section 5 take
2effect upon becoming law.".