093_HB0558sam001

 










                                     LRB093 05583 RLC 16149 a

 1                     AMENDMENT TO HOUSE BILL 558

 2        AMENDMENT NO.     .  Amend House Bill  558  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to criminal law."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

 9        (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
10        Sec. 3-7. Periods excluded from limitation.
11        The  period  within which a prosecution must be commenced
12    does not include any period in which:
13        (a)  The defendant is not usually and  publicly  resident
14    within this State; or
15        (b)  The  defendant  is  a public officer and the offense
16    charged is theft of public funds while in public office; or
17        (c)  A prosecution is pending against the  defendant  for
18    the same conduct, even if the indictment or information which
19    commences  the  prosecution  is  quashed  or  the proceedings
20    thereon are set aside, or are reversed on appeal; or
21        (d)  A proceeding or an appeal from a proceeding relating
 
                            -2-      LRB093 05583 RLC 16149 a
 1    to the quashing or  enforcement  of  a  Grand  Jury  subpoena
 2    issued  in connection with an investigation of a violation of
 3    a criminal law of this State is pending. However, the  period
 4    within  which  a  prosecution  must be commenced includes any
 5    period in which the State brings a proceeding  or  an  appeal
 6    from a proceeding specified in this subsection (d); or.
 7        (e)  A material witness is placed on active military duty
 8    or   leave.   In  this  subsection  (e),  "material  witness"
 9    includes, but is  not  limited  to,  the  arresting  officer,
10    occurrence witness, or the alleged victim of the offense.
11    (Source: P.A. 91-231, eff. 1-1-00.)

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

14        (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
15        Sec. 110-6.  (a) Upon verified application by  the  State
16    or  the defendant or on its own motion the court before which
17    the proceeding is pending may increase or reduce  the  amount
18    of bail or may alter the conditions of the bail bond or grant
19    bail  where it has been previously revoked or denied. If bail
20    has been previously revoked pursuant  to  subsection  (f)  of
21    this  Section  or  if  bail  has been denied to the defendant
22    pursuant to subsection (e) of Section 110-6.1  or  subsection
23    (e)  of  Section  110-6.3, the defendant shall be required to
24    present a verified application setting forth  in  detail  any
25    new facts not known or obtainable at the time of the previous
26    revocation  or  denial  of  bail  proceedings.   If the court
27    grants bail where it has been previously revoked  or  denied,
28    the  court  shall  state on the record of the proceedings the
29    findings of facts and conclusion of law upon which such order
30    is based.
31        (b)  Violation of the conditions  of  Section  110-10  of
32    this Code or any special conditions of bail as ordered by the
 
                            -3-      LRB093 05583 RLC 16149 a
 1    court  shall constitute grounds for the court to increase the
 2    amount of bail, or otherwise alter the  conditions  of  bail,
 3    or, where the alleged offense committed on bail is a forcible
 4    felony  in Illinois or a Class 2 or greater offense under the
 5    Controlled Substances Act or  Cannabis  Control  Act,  revoke
 6    bail pursuant to the appropriate provisions of subsection (e)
 7    of this section.
 8        (c)  Reasonable   notice   of  such  application  by  the
 9    defendant shall be given to the State.
10        (d)  Reasonable notice of such application by  the  State
11    shall  be  given  to  the  defendant,  except  as provided in
12    subsection (e).
13        (e)  Upon verified application by the State stating facts
14    or circumstances constituting a  violation  or  a  threatened
15    violation of any of the conditions of the bail bond the court
16    may issue a warrant commanding any peace officer to bring the
17    defendant  without  unnecessary  delay before the court for a
18    hearing on the matters set forth in the application.  If  the
19    actual court before which the proceeding is pending is absent
20    or  otherwise  unavailable  another court may issue a warrant
21    pursuant to this Section.  When the defendant is charged with
22    a felony offense and while free on bail  is  charged  with  a
23    subsequent  felony offense and is the subject of a proceeding
24    set forth in Section 109-1 or 109-3 of this  Code,  upon  the
25    filing  of  a  verified  petition  by  the  State  alleging a
26    violation of Section 110-10 (a) (4) of this Code,  the  court
27    shall  without  prior notice to the defendant, grant leave to
28    file such application and shall order  the  transfer  of  the
29    defendant  and  the  application without unnecessary delay to
30    the court before which the previous felony matter is  pending
31    for   a  hearing  as  provided  in  subsection  (b)  or  this
32    subsection of this Section.   The  defendant  shall  be  held
33    without  bond  pending  transfer to and a hearing before such
34    court.  At the conclusion of the hearing based on a violation
 
                            -4-      LRB093 05583 RLC 16149 a
 1    of the conditions of Section  110-10  of  this  Code  or  any
 2    special  conditions of bail as ordered by the court the court
 3    may enter an order increasing the amount of bail or alter the
 4    conditions of bail as deemed appropriate.
 5        (f)  Where  the  alleged  violation   consists   of   the
 6    violation  of one or more felony statutes of any jurisdiction
 7    which would be a forcible felony in Illinois or a Class 2  or
 8    greater  offense under the Illinois Controlled Substances Act
 9    or Cannabis Control Act and the defendant is on bail for  the
10    alleged  commission of a felony, or where the defendant is on
11    bail for a felony  domestic  battery  (enhanced  pursuant  to
12    subsection  (b)  of  Section  12-3.2  of the Criminal Code of
13    1961),  aggravated  domestic  battery,  aggravated   battery,
14    unlawful restraint, aggravated unlawful restraint or domestic
15    battery in violation of item (1) of subsection (a) of Section
16    12-3.2  of  the  Criminal  Code  of  1961 against a family or
17    household member as defined in Section 112A-3  of  this  Code
18    and  the  violation is an offense of domestic battery against
19    the same victim the court shall, on the motion of  the  State
20    or  its  own  motion,  revoke  bail  in  accordance  with the
21    following provisions:
22             (1)  The court shall hold the defendant without bail
23        pending the hearing on the alleged  breach;  however,  if
24        the  defendant  is not admitted to bail the hearing shall
25        be commenced within 10 days from the date  the  defendant
26        is  taken  into  custody or the defendant may not be held
27        any longer without bail, unless delay  is  occasioned  by
28        the  defendant.  Where defendant occasions the delay, the
29        running of the 10 day period is temporarily suspended and
30        resumes at the termination of the period of delay.  Where
31        defendant occasions  the  delay  with  5  or  fewer  days
32        remaining   in  the  10 day period, the court may grant a
33        period of up to 5 additional days to the State  for  good
34        cause  shown.  The State, however, shall retain the right
 
                            -5-      LRB093 05583 RLC 16149 a
 1        to proceed to hearing on the  alleged  violation  at  any
 2        time,  upon  reasonable  notice  to the defendant and the
 3        court.
 4             (2)  At a hearing on the alleged violation the State
 5        has the burden of going forward and proving the violation
 6        by clear and convincing evidence.  The evidence shall  be
 7        presented  in open court with the opportunity to testify,
 8        to present witnesses in his behalf, and to  cross-examine
 9        witnesses   if   any   are   called  by  the  State,  and
10        representation  by  counsel  and  if  the  defendant   is
11        indigent  to have counsel appointed for him. The rules of
12        evidence applicable in  criminal  trials  in  this  State
13        shall  not  govern  the admissibility of evidence at such
14        hearing. Information used by the court in its findings or
15        stated in or offered  in  connection  with  hearings  for
16        increase  or  revocation of bail may be by way of proffer
17        based upon reliable information offered by the  State  or
18        defendant.   All  evidence  shall  be admissible if it is
19        relevant and reliable regardless of whether it  would  be
20        admissible  under  the  rules  of  evidence applicable at
21        criminal trials.  A motion by the defendant  to  suppress
22        evidence  or  to  suppress  a  confession  shall  not  be
23        entertained  at  such a hearing.  Evidence that proof may
24        have been obtained as a result of an unlawful search  and
25        seizure or through improper interrogation is not relevant
26        to this hearing.
27             (3)  Upon  a finding by the court that the State has
28        established by clear and  convincing  evidence  that  the
29        defendant has committed a forcible felony or a Class 2 or
30        greater  offense  under  the Controlled Substances Act or
31        Cannabis Control Act while admitted to bail, or where the
32        defendant is  on  bail  for  a  felony  domestic  battery
33        (enhanced pursuant to subsection (b) of Section 12-3.2 of
34        the  Criminal Code of 1961), aggravated domestic battery,
 
                            -6-      LRB093 05583 RLC 16149 a
 1        aggravated  battery,   unlawful   restraint,   aggravated
 2        unlawful  restraint  or  domestic battery in violation of
 3        item (1) of subsection  (a)  of  Section  12-3.2  of  the
 4        Criminal  Code  of  1961  against  a  family or household
 5        member as defined in Section 112A-3 of this Code and  the
 6        violation  is an offense of domestic battery, against the
 7        same victim, the court  shall  revoke  the  bail  of  the
 8        defendant  and hold the defendant for trial without bail.
 9        Neither the finding of the court nor  any  transcript  or
10        other  record  of  the hearing shall be admissible in the
11        State's case  in  chief,  but  shall  be  admissible  for
12        impeachment,  or  as provided in Section 115-10.1 of this
13        Code or in a perjury proceeding.
14             (4)  If  the  bail  of  any  defendant  is   revoked
15        pursuant  to  paragraph  (f)  (3)  of  this  Section, the
16        defendant may demand and shall be entitled to be  brought
17        to  trial  on  the  offense  with respect to which he was
18        formerly released on bail within 90 days after  the  date
19        on  which  his bail was revoked.  If the defendant is not
20        brought to trial within the 90 day period required by the
21        preceding sentence, he shall not be held  longer  without
22        bail.   In  computing  the 90 day period, the court shall
23        omit any period of delay  resulting  from  a  continuance
24        granted at the request of the defendant.
25             (5)  If  the  defendant  either  is  arrested  on  a
26        warrant  issued  pursuant to this Code or is arrested for
27        an unrelated offense and it  is  subsequently  discovered
28        that  the  defendant  is  a subject of another warrant or
29        warrants issued pursuant  to  this  Code,  the  defendant
30        shall  be  transferred promptly to the court which issued
31        such  warrant.   If,  however,  the   defendant   appears
32        initially  before  a  court  other  than  the court which
33        issued such warrant,  the  non-issuing  court  shall  not
34        alter  the  amount of bail heretofore set on such warrant
 
                            -7-      LRB093 05583 RLC 16149 a
 1        unless the court sets forth on the record of  proceedings
 2        the  conclusions of law and facts which are the basis for
 3        such altering of another court's bond.   The  non-issuing
 4        court  shall  not  alter  another  courts  bail  set on a
 5        warrant unless the interests of justice and public safety
 6        are served by such action.
 7        (g)  The State may appeal any order where the  court  has
 8    increased  or  reduced  the  amount  of  bail  or altered the
 9    conditions of the bail bond or  granted  bail  where  it  has
10    previously been revoked.
11    (Source: P.A. 86-984; 87-870; 87-871.)

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