Public Act 93-0417

HB0558 Enrolled                      LRB093 05583 MBS 05675 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing Section 3-7 as follows:

    (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
    Sec. 3-7. Periods excluded from limitation.
    The period within which a prosecution must  be  commenced
does not include any period in which:
    (a)  The  defendant  is not usually and publicly resident
within this State; or
    (b)  The defendant is a public officer  and  the  offense
charged is theft of public funds while in public office; or
    (c)  A  prosecution  is pending against the defendant for
the same conduct, even if the indictment or information which
commences the  prosecution  is  quashed  or  the  proceedings
thereon are set aside, or are reversed on appeal; or
    (d)  A proceeding or an appeal from a proceeding relating
to  the  quashing  or  enforcement  of  a Grand Jury subpoena
issued in connection with an investigation of a violation  of
a  criminal law of this State is pending. However, the period
within which a prosecution must  be  commenced  includes  any
period  in  which  the State brings a proceeding or an appeal
from a proceeding specified in this subsection (d); or.
    (e)  A material witness is placed on active military duty
or  leave.   In  this  subsection  (e),  "material   witness"
includes,  but  is  not  limited  to,  the arresting officer,
occurrence witness, or the alleged victim of the offense.
(Source: P.A. 91-231, eff. 1-1-00.)

    Section 10.  The Code of Criminal Procedure  of  1963  is
amended by changing Section 110-6 as follows:

    (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
    Sec.  110-6.   (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.
    (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
Controlled  Substances  Act  or  Cannabis Control 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
or  Cannabis Control 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),   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  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 Controlled  Substances  Act  or
    Cannabis Control 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), 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  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. 86-984; 87-870; 87-871.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.