HB2919 EngrossedLRB099 08143 MRW 28293 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17there was a use of violence or threatened use of violence,
18whether the offense involved corruption of public officials or
19employees, whether there was physical harm or threats of
20physical harm to any public official, public employee, judge,
21prosecutor, juror or witness, senior citizen, child or
22handicapped person, whether evidence shows that during the
23offense or during the arrest the defendant possessed or used a



HB2919 Engrossed- 2 -LRB099 08143 MRW 28293 b

1firearm, machine gun, explosive or metal piercing ammunition or
2explosive bomb device or any military or paramilitary armament,
3whether the evidence shows that the offense committed was
4related to or in furtherance of the criminal activities of an
5organized gang or was motivated by the defendant's membership
6in or allegiance to an organized gang, the condition of the
7victim, any written statement submitted by the victim or
8proffer or representation by the State regarding the impact
9which the alleged criminal conduct has had on the victim and
10the victim's concern, if any, with further contact with the
11defendant if released on bail, whether the offense was based on
12racial, religious, sexual orientation or ethnic hatred, the
13likelihood of the filing of a greater charge, the likelihood of
14conviction, the sentence applicable upon conviction, the
15weight of the evidence against such defendant, whether there
16exists motivation or ability to flee, whether there is any
17verification as to prior residence, education, or family ties
18in the local jurisdiction, in another county, state or foreign
19country, the defendant's employment, financial resources,
20character and mental condition, past conduct, prior use of
21alias names or dates of birth, and length of residence in the
22community, the consent of the defendant to periodic drug
23testing in accordance with Section 110-6.5, whether a foreign
24national defendant is lawfully admitted in the United States of
25America, whether the government of the foreign national
26maintains an extradition treaty with the United States by which



HB2919 Engrossed- 3 -LRB099 08143 MRW 28293 b

1the foreign government will extradite to the United States its
2national for a trial for a crime allegedly committed in the
3United States, whether the defendant is currently subject to
4deportation or exclusion under the immigration laws of the
5United States, whether the defendant, although a United States
6citizen, is considered under the law of any foreign state a
7national of that state for the purposes of extradition or
8non-extradition to the United States, the amount of unrecovered
9proceeds lost as a result of the alleged offense, the source of
10bail funds tendered or sought to be tendered for bail, whether
11from the totality of the court's consideration, the loss of
12funds posted or sought to be posted for bail will not deter the
13defendant from flight, whether the evidence shows that the
14defendant is engaged in significant possession, manufacture,
15or delivery of a controlled substance or cannabis, either
16individually or in consort with others, whether at the time of
17the offense charged he or she was on bond or pre-trial release
18pending trial, probation, periodic imprisonment or conditional
19discharge pursuant to this Code or the comparable Code of any
20other state or federal jurisdiction, whether the defendant is
21on bond or pre-trial release pending the imposition or
22execution of sentence or appeal of sentence for any offense
23under the laws of Illinois or any other state or federal
24jurisdiction, whether the defendant is under parole, aftercare
25release, mandatory supervised release, or work release from the
26Illinois Department of Corrections or Illinois Department of



HB2919 Engrossed- 4 -LRB099 08143 MRW 28293 b

1Juvenile Justice or any penal institution or corrections
2department of any state or federal jurisdiction, the
3defendant's record of convictions, whether the defendant has
4been convicted of a misdemeanor or ordinance offense in
5Illinois or similar offense in other state or federal
6jurisdiction within the 10 years preceding the current charge
7or convicted of a felony in Illinois, whether the defendant was
8convicted of an offense in another state or federal
9jurisdiction that would be a felony if committed in Illinois
10within the 20 years preceding the current charge or has been
11convicted of such felony and released from the penitentiary
12within 20 years preceding the current charge if a penitentiary
13sentence was imposed in Illinois or other state or federal
14jurisdiction, the defendant's records of juvenile adjudication
15of delinquency in any jurisdiction, any record of appearance or
16failure to appear by the defendant at court proceedings,
17whether there was flight to avoid arrest or prosecution,
18whether the defendant escaped or attempted to escape to avoid
19arrest, whether the defendant refused to identify himself or
20herself, or whether there was a refusal by the defendant to be
21fingerprinted as required by law. Information used by the court
22in its findings or stated in or offered in connection with this
23Section may be by way of proffer based upon reliable
24information offered by the State or defendant. All evidence
25shall be admissible if it is relevant and reliable regardless
26of whether it would be admissible under the rules of evidence



HB2919 Engrossed- 5 -LRB099 08143 MRW 28293 b

1applicable at criminal trials. If the State presents evidence
2that the offense committed by the defendant was related to or
3in furtherance of the criminal activities of an organized gang
4or was motivated by the defendant's membership in or allegiance
5to an organized gang, and if the court determines that the
6evidence may be substantiated, the court shall prohibit the
7defendant from associating with other members of the organized
8gang as a condition of bail or release. For the purposes of
9this Section, "organized gang" has the meaning ascribed to it
10in Section 10 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act.
12    (b) The amount of bail shall be:
13        (1) Sufficient to assure compliance with the
14    conditions set forth in the bail bond, which shall include
15    the defendant's current address with a written
16    admonishment to the defendant that he or she must comply
17    with the provisions of Section 110-12 regarding any change
18    in his or her address. The defendant's address shall at all
19    times remain a matter of public record with the clerk of
20    the court.
21        (2) Not oppressive.
22        (3) Considerate of the financial ability of the
23    accused.
24        (4) When a person is charged with a drug related
25    offense involving possession or delivery of cannabis or
26    possession or delivery of a controlled substance as defined



HB2919 Engrossed- 6 -LRB099 08143 MRW 28293 b

1    in the Cannabis Control Act, the Illinois Controlled
2    Substances Act, or the Methamphetamine Control and
3    Community Protection Act, the full street value of the
4    drugs seized shall be considered. "Street value" shall be
5    determined by the court on the basis of a proffer by the
6    State based upon reliable information of a law enforcement
7    official contained in a written report as to the amount
8    seized and such proffer may be used by the court as to the
9    current street value of the smallest unit of the drug
10    seized.
11    (b-5) Upon the filing of a written request demonstrating
12reasonable cause, the State's Attorney may request a source of
13bail hearing either before or after the posting of any funds.
14If the hearing is granted, before the posting of any bail, the
15accused must file a written notice requesting that the court
16conduct a source of bail hearing. The notice must be
17accompanied by justifying affidavits stating the legitimate
18and lawful source of funds for bail. At the hearing, the court
19shall inquire into any matters stated in any justifying
20affidavits, and may also inquire into matters appropriate to
21the determination which shall include, but are not limited to,
22the following:
23        (1) the background, character, reputation, and
24    relationship to the accused of any surety; and
25        (2) the source of any money or property deposited by
26    any surety, and whether any such money or property



HB2919 Engrossed- 7 -LRB099 08143 MRW 28293 b

1    constitutes the fruits of criminal or unlawful conduct; and
2        (3) the source of any money posted as cash bail, and
3    whether any such money constitutes the fruits of criminal
4    or unlawful conduct; and
5        (4) the background, character, reputation, and
6    relationship to the accused of the person posting cash
7    bail.
8    Upon setting the hearing, the court shall examine, under
9oath, any persons who may possess material information.
10    The State's Attorney has a right to attend the hearing, to
11call witnesses and to examine any witness in the proceeding.
12The court shall, upon request of the State's Attorney, continue
13the proceedings for a reasonable period to allow the State's
14Attorney to investigate the matter raised in any testimony or
15affidavit. If the hearing is granted after the accused has
16posted bail, the court shall conduct a hearing consistent with
17this subsection (b-5). At the conclusion of the hearing, the
18court must issue an order either approving of disapproving the
20    (c) When a person is charged with an offense punishable by
21fine only the amount of the bail shall not exceed double the
22amount of the maximum penalty.
23    (d) When a person has been convicted of an offense and only
24a fine has been imposed the amount of the bail shall not exceed
25double the amount of the fine.
26    (e) The State may appeal any order granting bail or setting



HB2919 Engrossed- 8 -LRB099 08143 MRW 28293 b

1a given amount for bail.
2    (f) When a person is charged with a violation of an order
3of protection under Section 12-3.4 or 12-30 of the Criminal
4Code of 1961 or the Criminal Code of 2012 or when a person is
5charged with domestic battery, aggravated domestic battery,
6kidnapping, aggravated kidnaping, unlawful restraint,
7aggravated unlawful restraint, stalking, aggravated stalking,
8cyberstalking, harassment by telephone, harassment through
9electronic communications, or an attempt to commit first degree
10murder committed against an intimate partner regardless
11whether an order of protection has been issued against the
13        (1) whether the alleged incident involved harassment
14    or abuse, as defined in the Illinois Domestic Violence Act
15    of 1986;
16        (2) whether the person has a history of domestic
17    violence, as defined in the Illinois Domestic Violence Act,
18    or a history of other criminal acts;
19        (3) based on the mental health of the person;
20        (4) whether the person has a history of violating the
21    orders of any court or governmental entity;
22        (5) whether the person has been, or is, potentially a
23    threat to any other person;
24        (6) whether the person has access to deadly weapons or
25    a history of using deadly weapons;
26        (7) whether the person has a history of abusing alcohol



HB2919 Engrossed- 9 -LRB099 08143 MRW 28293 b

1    or any controlled substance;
2        (8) based on the severity of the alleged incident that
3    is the basis of the alleged offense, including, but not
4    limited to, the duration of the current incident, and
5    whether the alleged incident involved the use of a weapon,
6    physical injury, sexual assault, strangulation, abuse
7    during the alleged victim's pregnancy, abuse of pets, or
8    forcible entry to gain access to the alleged victim;
9        (9) whether a separation of the person from the alleged
10    victim or a termination of the relationship between the
11    person and the alleged victim has recently occurred or is
12    pending;
13        (10) whether the person has exhibited obsessive or
14    controlling behaviors toward the alleged victim,
15    including, but not limited to, stalking, surveillance, or
16    isolation of the alleged victim or victim's family member
17    or members;
18        (11) whether the person has expressed suicidal or
19    homicidal ideations;
20        (12) based on any information contained in the
21    complaint and any police reports, affidavits, or other
22    documents accompanying the complaint,
23the court may, in its discretion, order the respondent to
24undergo a risk assessment evaluation using a recognized,
25evidence-based instrument conducted by an Illinois Department
26of Human Services approved partner abuse intervention program



HB2919 Engrossed- 10 -LRB099 08143 MRW 28293 b

1provider, pretrial service, probation, or parole agency. These
2agencies shall have access to summaries of the defendant's
3criminal history, which shall not include victim interviews or
4information, for the risk evaluation. Based on the information
5collected from the 12 points to be considered at a bail hearing
6under this subsection (f), the results of any risk evaluation
7conducted and the other circumstances of the violation, the
8court may order that the person, as a condition of bail, be
9placed under electronic surveillance as provided in Section
105-8A-7 of the Unified Code of Corrections. Upon making a
11determination whether or not to order the respondent to undergo
12a risk assessment evaluation or to be placed under electronic
13surveillance and risk assessment, the court shall document in
14the record the court's reasons for making those determinations.
15The cost of the electronic surveillance and risk assessment
16shall be paid by, or on behalf, of the defendant. As used in
17this subsection (f), "intimate partner" means a spouse or a
18current or former partner in a cohabitation or dating
20    (g) When a person is charged with a Class A misdemeanor or
21Class 4 felony retail theft violation under Section 16-25 of
22the Criminal Code of 2012 and the person is in custody and is
23not tried within 30 days of his or her arrest, the defendant or
24the court on its own motion may initiate a hearing to alter his
25or her conditions of bond under Section 110-6. At the hearing,
26the court shall discharge the person from custody if the court



HB2919 Engrossed- 11 -LRB099 08143 MRW 28293 b

1finds that his or her discharge is in the interest of justice
2and would not endanger public safety.
3(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14;
498-1012, eff. 1-1-15.)