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Public Act 100-0001


 

Public Act 0001 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0001
 
SB2034 EnrolledLRB100 08699 RLC 18835 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 1. BAIL REFORM

 
    Section 1-1. This Article 1 may be referred to as the Bail
Reform Act of 2017.
 
    Section 1-3. Legislative findings.
    The General Assembly recognizes that the promotion of
public safety and protection of crime victim rights are 2 of
the main focuses of our State's criminal justice system; it
further acknowledges that protecting the rights of the accused
is central to the integrity of our State's criminal justice
system. With these focuses in mind, this amendatory Act of the
100th General Assembly establishes the Bail Reform Act of 2017
for the citizens of this State, in recognition that the
decision-making behind pre-trial release shall not focus on a
person's wealth and ability to afford monetary bail but shall
instead focus on a person's threat to public safety or risk of
failure to appear before a court of appropriate jurisdiction.
 
    Section 1-5. The Criminal Code of 2012 is amended by
changing Section 33G-9 as follows:
 
    (720 ILCS 5/33G-9)
    (Section scheduled to be repealed on June 11, 2017)
    Sec. 33G-9. Repeal. This Article is repealed on June 11,
2022 5 years after it becomes law.
(Source: P.A. 97-686, eff. 6-11-12.)
 
    Section 1-10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by
adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:
 
    (725 ILCS 5/102-7.1 new)
    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, 24-1.5, 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, or
a violation of Section 10 of the Sex Offender Registration Act.
 
    (725 ILCS 5/102-7.2 new)
    Sec. 102-7.2. "Category B offense".
    "Category B offense" means a business offense, petty
offense, Class C misdemeanor, Class B misdemeanor, Class A
misdemeanor, Class 3 felony, or Class 4 felony, which is not
specified in Category A.
 
    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
    Sec. 109-1. Person arrested.
    (a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
bail to the defendant may not be conducted by way of closed
circuit television.
    (a-5) A person charged with an offense shall be allowed
counsel at the hearing at which bail is determined under
Article 110 of this Code. If the defendant desires counsel for
his or her initial appearance but is unable to obtain counsel,
the court shall appoint a public defender or licensed attorney
at law of this State to represent him or her for purposes of
that hearing.
    (b) The judge shall:
        (1) Inform the defendant of the charge against him and
    shall provide him with a copy of the charge;
        (2) Advise the defendant of his right to counsel and if
    indigent shall appoint a public defender or licensed
    attorney at law of this State to represent him in
    accordance with the provisions of Section 113-3 of this
    Code;
        (3) Schedule a preliminary hearing in appropriate
    cases;
        (4) Admit the defendant to bail in accordance with the
    provisions of Article 110 of this Code; and
        (5) Order the confiscation of the person's passport or
    impose travel restrictions on a defendant arrested for
    first degree murder or other violent crime as defined in
    Section 3 of the Rights of Crime Victims and Witnesses Act,
    if the judge determines, based on the factors in Section
    110-5 of this Code, that this will reasonably ensure the
    appearance of the defendant and compliance by the defendant
    with all conditions of release.
    (c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
    (d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
    (e) If consular notification is not provided to a defendant
before his or her first appearance in court, the court shall
grant any reasonable request for a continuance of the
proceedings to allow contact with the defendant's consulate.
Any delay caused by the granting of the request by a defendant
shall temporarily suspend for the time of the delay the period
within which a person shall be tried as prescribed by
subsections (a), (b), or (e) of Section 103-5 of this Code and
on the day of the expiration of delay the period shall continue
at the point at which it was suspended.
(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
eff. 1-1-16.)
 
    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child, or person
with a disability, whether evidence shows that during the
offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang, the condition of the
victim, any written statement submitted by the victim or
proffer or representation by the State regarding the impact
which the alleged criminal conduct has had on the victim and
the victim's concern, if any, with further contact with the
defendant if released on bail, whether the offense was based on
racial, religious, sexual orientation or ethnic hatred, the
likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the
weight of the evidence against such defendant, whether there
exists motivation or ability to flee, whether there is any
verification as to prior residence, education, or family ties
in the local jurisdiction, in another county, state or foreign
country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of
alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug
testing in accordance with Section 110-6.5, whether a foreign
national defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by which
the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the
United States, whether the defendant is currently subject to
deportation or exclusion under the immigration laws of the
United States, whether the defendant, although a United States
citizen, is considered under the law of any foreign state a
national of that state for the purposes of extradition or
non-extradition to the United States, the amount of unrecovered
proceeds lost as a result of the alleged offense, the source of
bail funds tendered or sought to be tendered for bail, whether
from the totality of the court's consideration, the loss of
funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the
defendant is engaged in significant possession, manufacture,
or delivery of a controlled substance or cannabis, either
individually or in consort with others, whether at the time of
the offense charged he or she was on bond or pre-trial release
pending trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from the
Illinois Department of Corrections or Illinois Department of
Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court
in its findings or stated in or offered in connection with this
Section 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. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or allegiance
to an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
    (a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination of
conditions necessary to reasonably assure the appearance of the
defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat to
a witness or participant. Conditions of release may include,
but not be limited to, electronic home monitoring, curfews,
drug counseling, stay-away orders, and in-person reporting.
The court shall consider the defendant's socio-economic
circumstance when setting conditions of release or imposing
monetary bail.
    (b) The amount of bail shall be:
        (1) Sufficient to assure compliance with the
    conditions set forth in the bail bond, which shall include
    the defendant's current address with a written
    admonishment to the defendant that he or she must comply
    with the provisions of Section 110-12 regarding any change
    in his or her address. The defendant's address shall at all
    times remain a matter of public record with the clerk of
    the court.
        (2) Not oppressive.
        (3) Considerate of the financial ability of the
    accused.
        (4) When a person is charged with a drug related
    offense involving possession or delivery of cannabis or
    possession or delivery of a controlled substance as defined
    in the Cannabis Control Act, the Illinois Controlled
    Substances Act, or the Methamphetamine Control and
    Community Protection Act, the full street value of the
    drugs seized shall be considered. "Street value" shall be
    determined by the court on the basis of a proffer by the
    State based upon reliable information of a law enforcement
    official contained in a written report as to the amount
    seized and such proffer may be used by the court as to the
    current street value of the smallest unit of the drug
    seized.
    (b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
        (1) the background, character, reputation, and
    relationship to the accused of any surety; and
        (2) the source of any money or property deposited by
    any surety, and whether any such money or property
    constitutes the fruits of criminal or unlawful conduct; and
        (3) the source of any money posted as cash bail, and
    whether any such money constitutes the fruits of criminal
    or unlawful conduct; and
        (4) the background, character, reputation, and
    relationship to the accused of the person posting cash
    bail.
    Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
    The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
    (c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
    (d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
    (e) The State may appeal any order granting bail or setting
a given amount for bail.
    (f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012 or when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first degree
murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
        (1) whether the alleged incident involved harassment
    or abuse, as defined in the Illinois Domestic Violence Act
    of 1986;
        (2) whether the person has a history of domestic
    violence, as defined in the Illinois Domestic Violence Act,
    or a history of other criminal acts;
        (3) based on the mental health of the person;
        (4) whether the person has a history of violating the
    orders of any court or governmental entity;
        (5) whether the person has been, or is, potentially a
    threat to any other person;
        (6) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (7) whether the person has a history of abusing alcohol
    or any controlled substance;
        (8) based on the severity of the alleged incident that
    is the basis of the alleged offense, including, but not
    limited to, the duration of the current incident, and
    whether the alleged incident involved the use of a weapon,
    physical injury, sexual assault, strangulation, abuse
    during the alleged victim's pregnancy, abuse of pets, or
    forcible entry to gain access to the alleged victim;
        (9) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (10) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim or victim's family member
    or members;
        (11) whether the person has expressed suicidal or
    homicidal ideations;
        (12) based on any information contained in the
    complaint and any police reports, affidavits, or other
    documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to undergo
a risk assessment evaluation or to be placed under electronic
surveillance and risk assessment, the court shall document in
the record the court's reasons for making those determinations.
The cost of the electronic surveillance and risk assessment
shall be paid by, or on behalf, of the defendant. As used in
this subsection (f), "intimate partner" means a spouse or a
current or former partner in a cohabitation or dating
relationship.
(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15;
99-143, eff. 7-27-15.)
 
    (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 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.
    (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 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. 97-1150, eff. 1-25-13.)
 
    (725 ILCS 5/110-6.4 new)
    Sec. 110-6.4. Statewide risk assessment tool.
    The Supreme Court may establish a statewide
risk-assessment tool to be used in proceedings to assist the
court in establishing bail for a defendant by assessing the
defendant's likelihood of appearing at future court
proceedings or determining if the defendant poses a real and
present threat to the physical safety of any person or persons.
The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis of
race, gender, educational level, socio-economic status, or
neighborhood. If a risk assessment tool is utilized within a
circuit that does not require a personal interview to be
completed, the Chief Judge of the circuit or the Director of
the Pre-trial Services Agency may exempt the requirement under
Section 9 and subsection (a) of Section 7 of the Pretrial
Services Act.
    For the purpose of this Section, "risk assessment tool"
means an empirically validated, evidence-based screening
instrument that demonstrates reduced instances of a
defendant's failure to appear for further court proceedings or
prevents future criminal activity.
 
    (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
Incarceration on Bailable Offense.
    (a) Any person incarcerated on a bailable offense who does
not supply bail and against whom a fine is levied on conviction
of the such 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 monetary bail every day the
person is incarcerated.
(Source: P.A. 93-699, eff. 1-1-05.)
 
ARTICLE 5. THREATENING PUBLIC OFFICIALS

 
    Section 5-5. The Criminal Code of 2012 is amended by
changing Section 12-9 as follows:
 
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials; human service
providers.
    (a) A person commits threatening a public official or human
service provider when:
        (1) that person knowingly delivers or conveys,
    directly or indirectly, to a public official or human
    service provider by any means a communication:
            (i) containing a threat that would place the public
        official or human service provider or a member of his
        or her immediate family in reasonable apprehension of
        immediate or future bodily harm, sexual assault,
        confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or human service provider or a member
        of his or her immediate family in reasonable
        apprehension that damage will occur to property in the
        custody, care, or control of the public official or his
        or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty or duty as a human
    service provider, because of hostility of the person making
    the threat toward the status or position of the public
    official or the human service provider, or because of any
    other factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (a-6) For purposes of a threat to a social worker,
caseworker, investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual and
not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney, assistant
    Attorney General, or Appellate Prosecutor; a sworn law
    enforcement or peace officer; a social worker, caseworker,
    attorney, or investigator employed by the Department of
    Healthcare and Family Services, the Department of Human
    Services, or the Department of Children and Family
    Services, or the Guardianship and Advocacy Commission; or
    an assistant public guardian, attorney, social worker,
    case manager, or investigator employed by a duly appointed
    public guardian.
        (1.5) "Human service provider" means a social worker,
    case worker, or investigator employed by an agency or
    organization providing social work, case work, or
    investigative services under a contract with or a grant
    from the Department of Human Services, the Department of
    Children and Family Services, the Department of Healthcare
    and Family Services, or the Department on Aging.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official or human service provider
is a Class 3 felony for a first offense and a Class 2 felony for
a second or subsequent offense.
(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)
 
ARTICLE 99. EFFECTIVE DATE

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

Effective Date: 06/09/2017