Illinois General Assembly - Full Text of HB0483
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Full Text of HB0483  100th General Assembly

HB0483 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0483

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6  from Ch. 38, par. 110-6

    Amends the Code of Criminal Procedure of 1963. Provides that upon verified application by the Sheriff in whose custody the defendant has been remanded (in addition to current application by the State, the defendant, or the court 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. Provides that if monetary bail has been set and the defendant has been unable to post the required amount to secure release from custody, 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 setting of bail, or the previous revocation or denial of bail proceedings. Provides that if the court grants bail where it has previously been revoked or denied, or increases or reduces the amount of bail, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.


LRB100 07250 SLF 17311 b

 

 

A BILL FOR

 

HB0483LRB100 07250 SLF 17311 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-6 as follows:
 
6    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
7    Sec. 110-6. (a) Upon verified application by the State, or
8the defendant, the Sheriff in whose custody the defendant has
9been remanded, or on its own motion the court before which the
10proceeding is pending may increase or reduce the amount of bail
11or may alter the conditions of the bail bond or grant bail
12where it has been previously revoked or denied. If bail has
13been previously revoked under pursuant to subsection (f) of
14this Section or if bail has been denied to the defendant under
15pursuant to subsection (e) of Section 110-6.1 or subsection (e)
16of Section 110-6.3, or if a monetary bail bond has been set
17under Section 110-5 and the defendant has been unable to post
18the required amount to secure release from custody, the
19defendant shall be required to present a verified application
20setting forth in detail any new facts not known or obtainable
21at the time of the setting of bail, or the previous revocation
22or denial of bail proceedings. If the court grants bail where
23it has been previously revoked or denied, or increases or

 

 

HB0483- 2 -LRB100 07250 SLF 17311 b

1reduces the amount of bail, the court shall state on the record
2of the proceedings the findings of facts and conclusion of law
3upon which such order is based.
4    (b) Violation of the conditions of Section 110-10 of this
5Code or any special conditions of bail as ordered by the court
6shall constitute grounds for the court to increase the amount
7of bail, or otherwise alter the conditions of bail, or, where
8the alleged offense committed on bail is a forcible felony in
9Illinois or a Class 2 or greater offense under the Illinois
10Controlled Substances Act, the Cannabis Control Act, or the
11Methamphetamine Control and Community Protection Act, revoke
12bail pursuant to the appropriate provisions of subsection (e)
13of this Section.
14    (c) Reasonable notice of such application by the defendant
15shall be given to the State.
16    (d) Reasonable notice of such application by the State
17shall be given to the defendant, except as provided in
18subsection (e).
19    (e) Upon verified application by the State stating facts or
20circumstances constituting a violation or a threatened
21violation of any of the conditions of the bail bond the court
22may issue a warrant commanding any peace officer to bring the
23defendant without unnecessary delay before the court for a
24hearing on the matters set forth in the application. If the
25actual court before which the proceeding is pending is absent
26or otherwise unavailable another court may issue a warrant

 

 

HB0483- 3 -LRB100 07250 SLF 17311 b

1pursuant to this Section. When the defendant is charged with a
2felony offense and while free on bail is charged with a
3subsequent felony offense and is the subject of a proceeding
4set forth in Section 109-1 or 109-3 of this Code, upon the
5filing of a verified petition by the State alleging a violation
6of Section 110-10 (a) (4) of this Code, the court shall without
7prior notice to the defendant, grant leave to file such
8application and shall order the transfer of the defendant and
9the application without unnecessary delay to the court before
10which the previous felony matter is pending for a hearing as
11provided in subsection (b) or this subsection of this Section.
12The defendant shall be held without bond pending transfer to
13and a hearing before such court. At the conclusion of the
14hearing based on a violation of the conditions of Section
15110-10 of this Code or any special conditions of bail as
16ordered by the court the court may enter an order increasing
17the amount of bail or alter the conditions of bail as deemed
18appropriate.
19    (f) Where the alleged violation consists of the violation
20of one or more felony statutes of any jurisdiction which would
21be a forcible felony in Illinois or a Class 2 or greater
22offense under the Illinois Controlled Substances Act, the
23Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act and the defendant is on bail for the
25alleged commission of a felony, or where the defendant is on
26bail for a felony domestic battery (enhanced pursuant to

 

 

HB0483- 4 -LRB100 07250 SLF 17311 b

1subsection (b) of Section 12-3.2 of the Criminal Code of 1961
2or the Criminal Code of 2012), aggravated domestic battery,
3aggravated battery, unlawful restraint, aggravated unlawful
4restraint or domestic battery in violation of item (1) of
5subsection (a) of Section 12-3.2 of the Criminal Code of 1961
6or the Criminal Code of 2012 against a family or household
7member as defined in Section 112A-3 of this Code and the
8violation is an offense of domestic battery against the same
9victim the court shall, on the motion of the State or its own
10motion, revoke bail in accordance with the following
11provisions:
12        (1) The court shall hold the defendant without bail
13    pending the hearing on the alleged breach; however, if the
14    defendant is not admitted to bail the hearing shall be
15    commenced within 10 days from the date the defendant is
16    taken into custody or the defendant may not be held any
17    longer without bail, unless delay is occasioned by the
18    defendant. Where defendant occasions the delay, the
19    running of the 10 day period is temporarily suspended and
20    resumes at the termination of the period of delay. Where
21    defendant occasions the delay with 5 or fewer days
22    remaining in the 10 day period, the court may grant a
23    period of up to 5 additional days to the State for good
24    cause shown. The State, however, shall retain the right to
25    proceed to hearing on the alleged violation at any time,
26    upon reasonable notice to the defendant and the court.

 

 

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1        (2) At a hearing on the alleged violation the State has
2    the burden of going forward and proving the violation by
3    clear and convincing evidence. The evidence shall be
4    presented in open court with the opportunity to testify, to
5    present witnesses in his behalf, and to cross-examine
6    witnesses if any are called by the State, and
7    representation by counsel and if the defendant is indigent
8    to have counsel appointed for him. The rules of evidence
9    applicable in criminal trials in this State shall not
10    govern the admissibility of evidence at such hearing.
11    Information used by the court in its findings or stated in
12    or offered in connection with hearings for increase or
13    revocation of bail may be by way of proffer based upon
14    reliable information offered by the State or defendant. All
15    evidence shall be admissible if it is relevant and reliable
16    regardless of whether it would be admissible under the
17    rules of evidence applicable at criminal trials. A motion
18    by the defendant to suppress evidence or to suppress a
19    confession shall not be entertained at such a hearing.
20    Evidence that proof may have been obtained as a result of
21    an unlawful search and seizure or through improper
22    interrogation is not relevant to this hearing.
23        (3) Upon a finding by the court that the State has
24    established by clear and convincing evidence that the
25    defendant has committed a forcible felony or a Class 2 or
26    greater offense under the Illinois Controlled Substances

 

 

HB0483- 6 -LRB100 07250 SLF 17311 b

1    Act, the Cannabis Control Act, or the Methamphetamine
2    Control and Community Protection Act while admitted to
3    bail, or where the defendant is on bail for a felony
4    domestic battery (enhanced pursuant to subsection (b) of
5    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
6    Code of 2012), aggravated domestic battery, aggravated
7    battery, unlawful restraint, aggravated unlawful restraint
8    or domestic battery in violation of item (1) of subsection
9    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 against a family or household member
11    as defined in Section 112A-3 of this Code and the violation
12    is an offense of domestic battery, against the same victim,
13    the court shall revoke the bail of the defendant and hold
14    the defendant for trial without bail. Neither the finding
15    of the court nor any transcript or other record of the
16    hearing shall be admissible in the State's case in chief,
17    but shall be admissible for impeachment, or as provided in
18    Section 115-10.1 of this Code or in a perjury proceeding.
19        (4) If the bail of any defendant is revoked pursuant to
20    paragraph (f) (3) of this Section, the defendant may demand
21    and shall be entitled to be brought to trial on the offense
22    with respect to which he was formerly released on bail
23    within 90 days after the date on which his bail was
24    revoked. If the defendant is not brought to trial within
25    the 90 day period required by the preceding sentence, he
26    shall not be held longer without bail. In computing the 90

 

 

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1    day period, the court shall omit any period of delay
2    resulting from a continuance granted at the request of the
3    defendant.
4        (5) If the defendant either is arrested on a warrant
5    issued pursuant to this Code or is arrested for an
6    unrelated offense and it is subsequently discovered that
7    the defendant is a subject of another warrant or warrants
8    issued pursuant to this Code, the defendant shall be
9    transferred promptly to the court which issued such
10    warrant. If, however, the defendant appears initially
11    before a court other than the court which issued such
12    warrant, the non-issuing court shall not alter the amount
13    of bail heretofore set on such warrant unless the court
14    sets forth on the record of proceedings the conclusions of
15    law and facts which are the basis for such altering of
16    another court's bond. The non-issuing court shall not alter
17    another courts bail set on a warrant unless the interests
18    of justice and public safety are served by such action.
19    (g) The State may appeal any order where the court has
20increased or reduced the amount of bail or altered the
21conditions of the bail bond or granted bail where it has
22previously been revoked.
23(Source: P.A. 97-1150, eff. 1-25-13.)