Rep. Michael J. Zalewski

Filed: 4/10/2015





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2    AMENDMENT NO. ______. Amend House Bill 2919 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-5 as follows:
6    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
7    Sec. 110-5. Determining the amount of bail and conditions
8of release.
9    (a) In determining the amount of monetary bail or
10conditions of release, if any, which will reasonably assure the
11appearance of a defendant as required or the safety of any
12other person or the community and the likelihood of compliance
13by the defendant with all the conditions of bail, the court
14shall, on the basis of available information, take into account
15such matters as the nature and circumstances of the offense
16charged, whether the evidence shows that as part of the offense



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1there was a use of violence or threatened use of violence,
2whether the offense involved corruption of public officials or
3employees, whether there was physical harm or threats of
4physical harm to any public official, public employee, judge,
5prosecutor, juror or witness, senior citizen, child or
6handicapped person, whether evidence shows that during the
7offense or during the arrest the defendant possessed or used a
8firearm, machine gun, explosive or metal piercing ammunition or
9explosive bomb device or any military or paramilitary armament,
10whether the evidence shows that the offense committed was
11related to or in furtherance of the criminal activities of an
12organized gang or was motivated by the defendant's membership
13in or allegiance to an organized gang, the condition of the
14victim, any written statement submitted by the victim or
15proffer or representation by the State regarding the impact
16which the alleged criminal conduct has had on the victim and
17the victim's concern, if any, with further contact with the
18defendant if released on bail, whether the offense was based on
19racial, religious, sexual orientation or ethnic hatred, the
20likelihood of the filing of a greater charge, the likelihood of
21conviction, the sentence applicable upon conviction, the
22weight of the evidence against such defendant, whether there
23exists motivation or ability to flee, whether there is any
24verification as to prior residence, education, or family ties
25in the local jurisdiction, in another county, state or foreign
26country, the defendant's employment, financial resources,



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1character and mental condition, past conduct, prior use of
2alias names or dates of birth, and length of residence in the
3community, the consent of the defendant to periodic drug
4testing in accordance with Section 110-6.5, whether a foreign
5national defendant is lawfully admitted in the United States of
6America, whether the government of the foreign national
7maintains an extradition treaty with the United States by which
8the foreign government will extradite to the United States its
9national for a trial for a crime allegedly committed in the
10United States, whether the defendant is currently subject to
11deportation or exclusion under the immigration laws of the
12United States, whether the defendant, although a United States
13citizen, is considered under the law of any foreign state a
14national of that state for the purposes of extradition or
15non-extradition to the United States, the amount of unrecovered
16proceeds lost as a result of the alleged offense, the source of
17bail funds tendered or sought to be tendered for bail, whether
18from the totality of the court's consideration, the loss of
19funds posted or sought to be posted for bail will not deter the
20defendant from flight, whether the evidence shows that the
21defendant is engaged in significant possession, manufacture,
22or delivery of a controlled substance or cannabis, either
23individually or in consort with others, whether at the time of
24the offense charged he or she was on bond or pre-trial release
25pending trial, probation, periodic imprisonment or conditional
26discharge pursuant to this Code or the comparable Code of any



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1other state or federal jurisdiction, whether the defendant is
2on bond or pre-trial release pending the imposition or
3execution of sentence or appeal of sentence for any offense
4under the laws of Illinois or any other state or federal
5jurisdiction, whether the defendant is under parole, aftercare
6release, mandatory supervised release, or work release from the
7Illinois Department of Corrections or Illinois Department of
8Juvenile Justice or any penal institution or corrections
9department of any state or federal jurisdiction, the
10defendant's record of convictions, whether the defendant has
11been convicted of a misdemeanor or ordinance offense in
12Illinois or similar offense in other state or federal
13jurisdiction within the 10 years preceding the current charge
14or convicted of a felony in Illinois, whether the defendant was
15convicted of an offense in another state or federal
16jurisdiction that would be a felony if committed in Illinois
17within the 20 years preceding the current charge or has been
18convicted of such felony and released from the penitentiary
19within 20 years preceding the current charge if a penitentiary
20sentence was imposed in Illinois or other state or federal
21jurisdiction, the defendant's records of juvenile adjudication
22of delinquency in any jurisdiction, any record of appearance or
23failure to appear by the defendant at court proceedings,
24whether there was flight to avoid arrest or prosecution,
25whether the defendant escaped or attempted to escape to avoid
26arrest, whether the defendant refused to identify himself or



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1herself, or whether there was a refusal by the defendant to be
2fingerprinted as required by law. Information used by the court
3in its findings or stated in or offered in connection with this
4Section may be by way of proffer based upon reliable
5information offered by the State or defendant. All evidence
6shall be admissible if it is relevant and reliable regardless
7of whether it would be admissible under the rules of evidence
8applicable at criminal trials. If the State presents evidence
9that the offense committed by the defendant was related to or
10in furtherance of the criminal activities of an organized gang
11or was motivated by the defendant's membership in or allegiance
12to an organized gang, and if the court determines that the
13evidence may be substantiated, the court shall prohibit the
14defendant from associating with other members of the organized
15gang as a condition of bail or release. For the purposes of
16this Section, "organized gang" has the meaning ascribed to it
17in Section 10 of the Illinois Streetgang Terrorism Omnibus
18Prevention Act.
19    (b) The amount of bail shall be:
20        (1) Sufficient to assure compliance with the
21    conditions set forth in the bail bond, which shall include
22    the defendant's current address with a written
23    admonishment to the defendant that he or she must comply
24    with the provisions of Section 110-12 regarding any change
25    in his or her address. The defendant's address shall at all
26    times remain a matter of public record with the clerk of



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1    the court.
2        (2) Not oppressive.
3        (3) Considerate of the financial ability of the
4    accused.
5        (4) When a person is charged with a drug related
6    offense involving possession or delivery of cannabis or
7    possession or delivery of a controlled substance as defined
8    in the Cannabis Control Act, the Illinois Controlled
9    Substances Act, or the Methamphetamine Control and
10    Community Protection Act, the full street value of the
11    drugs seized shall be considered. "Street value" shall be
12    determined by the court on the basis of a proffer by the
13    State based upon reliable information of a law enforcement
14    official contained in a written report as to the amount
15    seized and such proffer may be used by the court as to the
16    current street value of the smallest unit of the drug
17    seized.
18    (b-5) Upon the filing of a written request demonstrating
19reasonable cause, the State's Attorney may request a source of
20bail hearing either before or after the posting of any funds.
21If the hearing is granted, before the posting of any bail, the
22accused must file a written notice requesting that the court
23conduct a source of bail hearing. The notice must be
24accompanied by justifying affidavits stating the legitimate
25and lawful source of funds for bail. At the hearing, the court
26shall inquire into any matters stated in any justifying



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1affidavits, and may also inquire into matters appropriate to
2the determination which shall include, but are not limited to,
3the following:
4        (1) the background, character, reputation, and
5    relationship to the accused of any surety; and
6        (2) the source of any money or property deposited by
7    any surety, and whether any such money or property
8    constitutes the fruits of criminal or unlawful conduct; and
9        (3) the source of any money posted as cash bail, and
10    whether any such money constitutes the fruits of criminal
11    or unlawful conduct; and
12        (4) the background, character, reputation, and
13    relationship to the accused of the person posting cash
14    bail.
15    Upon setting the hearing, the court shall examine, under
16oath, any persons who may possess material information.
17    The State's Attorney has a right to attend the hearing, to
18call witnesses and to examine any witness in the proceeding.
19The court shall, upon request of the State's Attorney, continue
20the proceedings for a reasonable period to allow the State's
21Attorney to investigate the matter raised in any testimony or
22affidavit. If the hearing is granted after the accused has
23posted bail, the court shall conduct a hearing consistent with
24this subsection (b-5). At the conclusion of the hearing, the
25court must issue an order either approving of disapproving the



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1    (c) When a person is charged with an offense punishable by
2fine only the amount of the bail shall not exceed double the
3amount of the maximum penalty.
4    (d) When a person has been convicted of an offense and only
5a fine has been imposed the amount of the bail shall not exceed
6double the amount of the fine.
7    (e) The State may appeal any order granting bail or setting
8a given amount for bail.
9    (f) When a person is charged with a violation of an order
10of protection under Section 12-3.4 or 12-30 of the Criminal
11Code of 1961 or the Criminal Code of 2012 or when a person is
12charged with domestic battery, aggravated domestic battery,
13kidnapping, aggravated kidnaping, unlawful restraint,
14aggravated unlawful restraint, stalking, aggravated stalking,
15cyberstalking, harassment by telephone, harassment through
16electronic communications, or an attempt to commit first degree
17murder committed against an intimate partner regardless
18whether an order of protection has been issued against the
20        (1) whether the alleged incident involved harassment
21    or abuse, as defined in the Illinois Domestic Violence Act
22    of 1986;
23        (2) whether the person has a history of domestic
24    violence, as defined in the Illinois Domestic Violence Act,
25    or a history of other criminal acts;
26        (3) based on the mental health of the person;



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1        (4) whether the person has a history of violating the
2    orders of any court or governmental entity;
3        (5) whether the person has been, or is, potentially a
4    threat to any other person;
5        (6) whether the person has access to deadly weapons or
6    a history of using deadly weapons;
7        (7) whether the person has a history of abusing alcohol
8    or any controlled substance;
9        (8) based on the severity of the alleged incident that
10    is the basis of the alleged offense, including, but not
11    limited to, the duration of the current incident, and
12    whether the alleged incident involved the use of a weapon,
13    physical injury, sexual assault, strangulation, abuse
14    during the alleged victim's pregnancy, abuse of pets, or
15    forcible entry to gain access to the alleged victim;
16        (9) whether a separation of the person from the alleged
17    victim or a termination of the relationship between the
18    person and the alleged victim has recently occurred or is
19    pending;
20        (10) whether the person has exhibited obsessive or
21    controlling behaviors toward the alleged victim,
22    including, but not limited to, stalking, surveillance, or
23    isolation of the alleged victim or victim's family member
24    or members;
25        (11) whether the person has expressed suicidal or
26    homicidal ideations;



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1        (12) based on any information contained in the
2    complaint and any police reports, affidavits, or other
3    documents accompanying the complaint,
4the court may, in its discretion, order the respondent to
5undergo a risk assessment evaluation using a recognized,
6evidence-based instrument conducted by an Illinois Department
7of Human Services approved partner abuse intervention program
8provider, pretrial service, probation, or parole agency. These
9agencies shall have access to summaries of the defendant's
10criminal history, which shall not include victim interviews or
11information, for the risk evaluation. Based on the information
12collected from the 12 points to be considered at a bail hearing
13under this subsection (f), the results of any risk evaluation
14conducted and the other circumstances of the violation, the
15court may order that the person, as a condition of bail, be
16placed under electronic surveillance as provided in Section
175-8A-7 of the Unified Code of Corrections. Upon making a
18determination whether or not to order the respondent to undergo
19a risk assessment evaluation or to be placed under electronic
20surveillance and risk assessment, the court shall document in
21the record the court's reasons for making those determinations.
22The cost of the electronic surveillance and risk assessment
23shall be paid by, or on behalf, of the defendant. As used in
24this subsection (f), "intimate partner" means a spouse or a
25current or former partner in a cohabitation or dating



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1    (g) When a person is charged with a Class A misdemeanor or
2Class 4 felony retail theft violation under Section 16-25 of
3the Criminal Code of 2012 and the person is in custody and is
4not tried within 30 days of his or her arrest, the defendant or
5the court on its own motion may initiate a hearing to alter his
6or her conditions of bond under Section 110-6. At the hearing,
7the court shall discharge the person from custody if the court
8finds that his or her discharge is in the interests of justice
9and would not endanger public safety.
10(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14;
1198-1012, eff. 1-1-15.)".