Public Act 100-0929
 
SB2579 EnrolledLRB100 18528 SLF 33746 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 102-7.1, 110-6, 110-14, and 110-17
as follows:
 
    (725 ILCS 5/102-7.1)
    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, 24-1.1, 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, a first violation of Section 24-1.6
of the Criminal Code of 2012 by a person 18 years of age or
older where the factors listed in both items (A) and (C) or
both items (A-5) and (C) of paragraph (3) of subsection (a) of
Section 24-1.6 of the Criminal Code of 2012 are present, a
Class 3 felony violation of paragraph (1) of subsection (a) of
Section 2 of the Firearm Owners Identification Card Act, or a
violation of Section 10 of the Sex Offender Registration Act.
(Source: P.A. 100-1, eff. 1-1-18.)
 
    (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 solely 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 or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) if the person has failed to appear as required
before the court and is incarcerated based on a warrant for
failure to appear on the same original criminal 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 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. 100-1, eff. 1-1-18.)
 
    (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.
    (a) Any person incarcerated on a bailable offense who does
not supply bail and against whom a fine is levied on conviction
of the 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 10% cash bond amount monetary
bail every day the person is incarcerated. The sheriff shall
calculate and apply this $30 per day reduction and send notice
to the circuit clerk if a defendant's 10% cash bond amount is
reduced to $0, at which point the defendant shall be released
upon his or her own recognizance.
    (d) The court may deny the incarceration credit in
subsection (c) of this Section if the person has failed to
appear as required before the court and is incarcerated based
on a warrant for failure to appear on the same original
criminal offense.
(Source: P.A. 100-1, eff. 1-1-18.)
 
    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
    Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding
the provisions of the Revised Uniform Unclaimed Property Act,
any sum of money deposited by any person to secure his or her
release from custody which remains unclaimed by the person
entitled to its return for 3 years after the conditions of the
bail bond have been performed and the accused has been
discharged from all obligations in the cause shall be presumed
to be abandoned and subject to disposition under the Revised
Uniform Unclaimed Property Act.
    (a) (Blank). The clerk of the circuit court, as soon
thereafter as practicable, shall cause notice to be published
once, in English, in a newspaper or newspapers of general
circulation in the county wherein the deposit of bond was
received.
    (b) (Blank). The published notice shall be entitled "Notice
of Persons Appearing to be Owners of Abandoned Property" and
shall contain:
        (1) The names, in alphabetical order, of persons to
    whom the notice is directed.
        (2) A statement that information concerning the amount
    of the property may be obtained by any persons possessing
    an interest in the property by making an inquiry at the
    office of the clerk of the circuit court at a location
    designated by him.
        (3) A statement that if proof of claim is not presented
    by the owner to the clerk of the circuit court and if the
    owner's right to receive the property is not established to
    the satisfaction of the clerk of the court within 65 days
    from the date of the published notice, the abandoned
    property will be placed in the custody of the treasurer of
    the county, not later than 85 days after such publication,
    to whom all further claims must thereafter be directed. If
    the claim is established as aforesaid and after deducting
    an amount not to exceed $20 to cover the cost of notice
    publication and related clerical expenses, the clerk of the
    court shall make payment to the person entitled thereto.
        (4) The clerk of the circuit court is not required to
    publish in such notice any items of less than $100 unless
    he deems such publication in the public interest.
    (c) (Blank). Any clerk of the circuit court who has caused
notice to be published as provided by this Section shall,
within 20 days after the time specified in this Section for
claiming the property from the clerk of the court, pay or
deliver to the treasurer of the county having jurisdiction of
the offense, whether the bond was taken there or any other
county, all sums deposited as specified in this section less
such amounts as may have been returned to the persons whose
rights to receive the sums deposited have been established to
the satisfaction of the clerk of the circuit court. Any clerk
of the circuit court who transfers such sums to the county
treasury including sums deposited by persons whose names are
not required to be set forth in the published notice aforesaid,
is relieved of all liability for such sums as have been
transferred as unclaimed bail deposits or any claim which then
exists or which thereafter may arise or be made in respect to
such sums.
    (d) (Blank). The treasurer of the county shall keep just
and true accounts of all moneys paid into the treasury, and if
any person appears within 5 years after the deposit of moneys
by the clerk of the circuit court and claims any money paid
into the treasury, he shall file a claim therefor on the form
prescribed by the treasurer of the county who shall consider
any claim filed under this Act and who may, in his discretion,
hold a hearing and receive evidence concerning it. The
treasurer of the county shall prepare a finding and the
decision in writing on each hearing, stating the substance of
any evidence heard by him, his findings of fact in respect
thereto, and the reasons for his decision. The decision shall
be a public record.
    (e) (Blank). All claims which are not filed within the 5
year period shall be forever barred.
(Source: P.A. 100-22, eff. 1-1-18.)