093_SB1199eng

 
SB1199 Engrossed                     LRB093 10235 RLC 10489 b

 1        AN ACT concerning 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 110-10 as follows:

 6        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
 7        Sec. 110-10.  Conditions of bail bond.
 8        (a)  If  a person is released prior to conviction, either
 9    upon  payment  of  bail  security  or  on  his  or  her   own
10    recognizance,  the  conditions of the bail bond shall be that
11    he or she will:
12             (1)  Appear to answer the charge in the court having
13        jurisdiction on a day certain and thereafter  as  ordered
14        by  the  court  until  discharged  or  final order of the
15        court;
16             (2)  Submit himself or herself  to  the  orders  and
17        process of the court;
18             (3)  Not  depart  this  State  without  leave of the
19        court;
20             (4)  Not  violate  any  criminal  statute   of   any
21        jurisdiction;
22             (5)  At  a  time  and place designated by the court,
23        surrender all firearms in his or her possession to a  law
24        enforcement  officer  designated  by  the  court  to take
25        custody  of  and  impound  the  firearms  and  physically
26        surrender his or her Firearm Owner's Identification  Card
27        to  the  clerk of the circuit court  when the offense the
28        person has  been  charged  with  is  a  forcible  felony,
29        stalking,  aggravated  stalking,  domestic  battery,  any
30        violation  of  either  the Illinois Controlled Substances
31        Act or the Cannabis Control Act that is classified  as  a
 
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 1        Class  2  or  greater  felony, or any felony violation of
 2        Article 24 of the Criminal Code of 1961; the  court  may,
 3        however,  forgo the imposition of this condition when the
 4        circumstances of the case clearly do not  warrant  it  or
 5        when  its  imposition  would  be impractical; all legally
 6        possessed firearms shall be returned to the  person  upon
 7        that  person  completing a sentence for a conviction on a
 8        misdemeanor domestic  battery,  upon  the  charges  being
 9        dismissed,  or  if the person is found not guilty, unless
10        the finding of not guilty is by reason of insanity; and
11             (6)  At a time and place designated  by  the  court,
12        submit  to a psychological evaluation when the person has
13        been charged with a violation of item (4)  of  subsection
14        (a) of Section 24-1 of the Criminal Code of 1961 and that
15        violation  occurred  in  a  school  or  in any conveyance
16        owned, leased, or contracted by  a  school  to  transport
17        students  to or from school or a school-related activity,
18        or on any public way within 1,000 feet of  real  property
19        comprising any school.
20        Psychological   evaluations   ordered  pursuant  to  this
21    Section shall be completed promptly and made available to the
22    State, the defendant, and the court.  As a further  condition
23    of  bail under these circumstances, the court shall order the
24    defendant to refrain from entering upon the property  of  the
25    school, including any conveyance owned, leased, or contracted
26    by  a  school  to  transport  students to or from school or a
27    school-related activity, or on any public  way  within  1,000
28    feet of real property comprising any school.  Upon receipt of
29    the   psychological  evaluation,  either  the  State  or  the
30    defendant may request a change in  the  conditions  of  bail,
31    pursuant to Section 110-6 of this Code.  The court may change
32    the  conditions  of  bail  to  include a requirement that the
33    defendant follow the  recommendations  of  the  psychological
34    evaluation,  including undergoing psychiatric treatment.  The
 
SB1199 Engrossed            -3-      LRB093 10235 RLC 10489 b
 1    conclusions  of  the   psychological   evaluation   and   any
 2    statements   elicited   from   the   defendant   during   its
 3    administration are not admissible as evidence of guilt during
 4    the  course  of  any trial on the charged offense, unless the
 5    defendant places his or her mental competency in issue.
 6        (b)  The court may impose other conditions, such  as  the
 7    following,  if  the  court  finds  that  such  conditions are
 8    reasonably necessary to assure the defendant's appearance  in
 9    court,  protect the public from the defendant, or prevent the
10    defendant's   unlawful   interference   with   the    orderly
11    administration of justice:
12             (1)  Report  to  or  appear  in  person  before such
13        person or agency as the court may direct;
14             (2)  Refrain from  possessing  a  firearm  or  other
15        dangerous weapon;
16             (3)  Refrain  from approaching or communicating with
17        particular persons or classes of persons;
18             (4)  Refrain  from  going   to   certain   described
19        geographical areas or premises;
20             (5)  Refrain  from engaging in certain activities or
21        indulging in intoxicating liquors or in certain drugs;
22             (6)  Undergo  treatment  for   drug   addiction   or
23        alcoholism;
24             (7)  Undergo medical or psychiatric treatment;
25             (8)  Work  or pursue a course of study or vocational
26        training;
27             (9)  Attend or reside in a  facility  designated  by
28        the court;
29             (10)  Support his or her dependents;
30             (11)  If  a minor resides with his or her parents or
31        in a foster home, attend school, attend a non-residential
32        program for youths, and contribute  to  his  or  her  own
33        support at home or in a foster home;
34             (12)  Observe any curfew ordered by the court;
 
SB1199 Engrossed            -4-      LRB093 10235 RLC 10489 b
 1             (13)  Remain  in  the  custody  of  such  designated
 2        person or organization agreeing to supervise his release.
 3        Such  third  party  custodian  shall  be  responsible for
 4        notifying the court if the defendant fails to observe the
 5        conditions of release which the custodian has  agreed  to
 6        monitor,  and  shall  be subject to contempt of court for
 7        failure so to notify the court;
 8             (14)  Be placed  under  direct  supervision  of  the
 9        Pretrial  Services  Agency, Probation Department or Court
10        Services Department in a pretrial bond  home  supervision
11        capacity   with   or  without  the  use  of  an  approved
12        electronic monitoring device subject  to  Article  8A  of
13        Chapter V of the Unified Code of Corrections;
14             (14.1)  The  court shall impose upon a defendant who
15        is charged  with  any  alcohol,  cannabis  or  controlled
16        substance   violation   and   is   placed   under  direct
17        supervision of the Pretrial  Services  Agency,  Probation
18        Department  or  Court  Services  Department in a pretrial
19        bond  home  supervision  capacity  with  the  use  of  an
20        approved monitoring device, as a condition of  such  bail
21        bond,  a  fee  that  represents  costs  incidental to the
22        electronic  monitoring  for  each  day   of   such   bail
23        supervision   ordered   by   the   court,   unless  after
24        determining the inability of the  defendant  to  pay  the
25        fee,  the  court  assesses  a lesser fee or no fee as the
26        case may be.  The fee shall be collected by the clerk  of
27        the  circuit court.  The clerk of the circuit court shall
28        pay all monies collected from  this  fee  to  the  county
29        treasurer  for  deposit  in  the substance abuse services
30        fund under Section 5-1086.1 of the Counties Code;
31             (14.2)  The court shall impose upon all  defendants,
32        including  those  defendants  subject to paragraph (14.1)
33        above, placed under direct supervision  of  the  Pretrial
34        Services  Agency,  Probation Department or Court Services
 
SB1199 Engrossed            -5-      LRB093 10235 RLC 10489 b
 1        Department in a pretrial bond home  supervision  capacity
 2        with  the  use  of  an  approved  monitoring device, as a
 3        condition of such bail bond, a fee which shall  represent
 4        costs  incidental  to such electronic monitoring for each
 5        day of such bail supervision ordered by the court, unless
 6        after determining the inability of the defendant  to  pay
 7        the fee, the court assesses a lesser fee or no fee as the
 8        case  may be.  The fee shall be collected by the clerk of
 9        the circuit court.  The clerk of the circuit court  shall
10        pay  all  monies  collected  from  this fee to the county
11        treasurer who shall use the monies  collected  to  defray
12        the  costs  of  corrections.   The county treasurer shall
13        deposit the fee collected in the county working cash fund
14        under Section 6-27001 or Section  6-29002 of the Counties
15        Code, as the case may be;
16             (14.3)  The Chief Judge of the Judicial Circuit  may
17        establish   reasonable  fees  to  be  paid  by  a  person
18        receiving pretrial services while under supervision of  a
19        pretrial  services agency, probation department, or court
20        services department. Reasonable fees may be  charged  for
21        pretrial services including, but not limited to, pretrial
22        supervision,  diversion  programs, electronic monitoring,
23        victim impact services, drug  and  alcohol  testing,  and
24        victim mediation services.  The person receiving pretrial
25        services  may  be  ordered to pay all costs incidental to
26        pretrial services in accordance with his or  her  ability
27        to pay those costs;
28             (14.4)  For  persons  charged with violating Section
29        11-501  of  the  Illinois  Vehicle  Code,  refrain   from
30        operating  a  motor vehicle not equipped with an ignition
31        interlock device, as defined in Section  1-129.1  of  the
32        Illinois  Vehicle Code, pursuant to the rules promulgated
33        by  the  Secretary  of  State  for  the  installation  of
34        ignition interlock devices.   Under  this  condition  the
 
SB1199 Engrossed            -6-      LRB093 10235 RLC 10489 b
 1        court  may  allow a defendant who is not self-employed to
 2        operate a vehicle owned by the defendant's employer  that
 3        is  not equipped with an ignition interlock device in the
 4        course and scope of the defendant's employment;
 5             (15)  Comply with the terms  and  conditions  of  an
 6        order  of  protection  issued  by  the  court  under  the
 7        Illinois  Domestic  Violence  Act  of 1986 or an order of
 8        protection issued by the court of another  state,  tribe,
 9        or United States territory;
10             (16)  Under   Section   110-6.5   comply   with  the
11        conditions of the drug testing program; and
12             (17)  Such other reasonable conditions as the  court
13        may impose.
14        (c)  When  a  person  is  charged  with  an offense under
15    Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
16    "Criminal  Code  of  1961", involving a victim who is a minor
17    under 18 years of age living in the same household  with  the
18    defendant  at  the  time  of the offense, in granting bail or
19    releasing the defendant on his own  recognizance,  the  judge
20    shall impose conditions to restrict the defendant's access to
21    the  victim  which  may  include,  but  are  not  limited  to
22    conditions that he will:
23             1.  Vacate the Household.
24             2.  Make   payment   of  temporary  support  to  his
25        dependents.
26             3.  Refrain from contact or communication  with  the
27        child victim, except as ordered by the court.
28        (d)  When a person is charged with a criminal offense and
29    the  victim  is  a  family  or household member as defined in
30    Article 112A, conditions shall be imposed at the time of  the
31    defendant's  release  on  bond  that restrict the defendant's
32    access to the victim. Unless provided otherwise by the court,
33    the  restrictions  shall  include   requirements   that   the
34    defendant do the following:
 
SB1199 Engrossed            -7-      LRB093 10235 RLC 10489 b
 1             (1)  refrain  from contact or communication with the
 2        victim for a minimum period of  72  hours  following  the
 3        defendant's release; and
 4             (2)  refrain  from  entering  or  remaining  at  the
 5        victim's  residence  for  a  minimum  period  of 72 hours
 6        following the defendant's release.
 7        (e)  Local  law  enforcement   agencies   shall   develop
 8    standardized  bond forms for use in cases involving family or
 9    household members  as  defined  in  Article  112A,  including
10    specific  conditions  of  bond as provided in subsection (d).
11    Failure of any law enforcement department to develop  or  use
12    those  forms  shall  in  no  way  limit the applicability and
13    enforcement of subsections (d) and (f).
14        (f)  If  the  defendant  is  admitted   to   bail   after
15    conviction  the  conditions of the bail bond shall be that he
16    will, in addition to the conditions set forth in  subsections
17    (a) and (b) hereof:
18             (1)  Duly prosecute his appeal;
19             (2)  Appear  at such time and place as the court may
20        direct;
21             (3)  Not depart this  State  without  leave  of  the
22        court;
23             (4)  Comply with such other reasonable conditions as
24        the court may impose; and
25             (5)  If  the  judgment  is  affirmed  or  the  cause
26        reversed   and   remanded  for  a  new  trial,  forthwith
27        surrender to  the  officer  from  whose  custody  he  was
28        bailed.
29        (g)  Upon a finding of guilty for any felony offense, the
30    defendant  shall  physically  surrender,  at a time and place
31    designated by the court, any and all firearms in his  or  her
32    possession and his or her Firearm Owner's Identification Card
33    as a condition of remaining on bond pending sentencing.
34    (Source: P.A.   91-11,  eff.  6-4-99;  91-312,  eff.  1-1-00;
 
SB1199 Engrossed            -8-      LRB093 10235 RLC 10489 b
 1    91-696, eff.  4-13-00;  91-903,  eff.  1-1-01;  92-329,  eff.
 2    8-9-01; 92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)