Illinois General Assembly - Full Text of SB1897
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Full Text of SB1897  102nd General Assembly

SB1897 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1897

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-5.3 new
725 ILCS 5/110-10  from Ch. 38, par. 110-10

    Amends the Code of Criminal Procedure of 1963. Provides that subject to certain exceptions, a person who is charged with a violent crime shall appear before the court for the setting of bail and the establishment of bond conditions. Establishes factors that the court shall consider before setting bail and bond conditions for a person who appears before the court because the person is charged with a violent crime. Provides that upon the court's own motion or the motion of a party and upon any terms that the court may direct, the court may permit a person, who is required to appear before it because the person is charged with a violent crime, to appear by video conferencing equipment. Provides that if, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court because the person is charged with a violent crime is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court: (1) a bail bond secured by a deposit of 10% of the amount of the bond in cash; or (2) a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person. Provides that the statute does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime as defined in these provisions from appearing before the court for the setting of bail. Defines "violent crime".


LRB102 10296 RLC 15623 b

 

 

A BILL FOR

 

SB1897LRB102 10296 RLC 15623 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 1. This Act may be referred to as Colton's Law.
 
5    Section 5. The Code of Criminal Procedure of 1963 is
6amended by changing Section 110-10 and by adding Section
7110-5.3 as follows:
 
8    (725 ILCS 5/110-5.3 new)
9    Sec. 110-5.3. Bail for persons charged with violent
10crimes.
11    (a) In this Section, "violent crime" means:
12        (1) any felony in which force or threat of force was
13    used against the victim;
14        (2) any offense involving sexual exploitation, sexual
15    conduct, or sexual penetration;
16        (3) a violation of Section 11-20.1, 11-20.1B, 11-20.3,
17    11-23, or 11-23.5 of the Criminal Code of 1961 or the
18    Criminal Code of 2012;
19        (4) domestic battery or stalking;
20        (5) violation of an order of protection, a civil no
21    contact order, or a stalking no contact order;
22        (6) any misdemeanor which results in death or great

 

 

SB1897- 2 -LRB102 10296 RLC 15623 b

1    bodily harm;
2        (7) any misdemeanor which involved the use or threat
3    of use of a deadly weapon; or
4        (8) any violation of Section 9-3 of the Criminal Code
5    of 1961 or the Criminal Code of 2012, or Section 11-501 of
6    the Illinois Vehicle Code, or a similar provision of a
7    local ordinance, if the violation resulted in serious
8    injury or death.
9    "Violent crime" also includes any action committed by a
10juvenile that would be a violent crime if committed by an
11adult.
12    (b) Subject to subsection (d), a person who is charged
13with a violent crime shall appear before the court for the
14setting of bail and the establishment of bond conditions.
15    (c) The court shall consider all the following, in
16addition to any other circumstances considered by the court,
17before setting bail and bond conditions for a person who
18appears before the court under subsection (b):
19        (1) whether the person has a history of domestic
20    violence or a history of other violent acts;
21        (2) the mental health of the person;
22        (3) whether the person has a history of violating the
23    orders of any court or government entity;
24        (4) whether the person is potentially a threat to any
25    other person;
26        (5) whether the person has access to deadly weapons or

 

 

SB1897- 3 -LRB102 10296 RLC 15623 b

1    any history of using deadly weapons;
2        (6) whether the person has a history of abusing
3    alcohol or any controlled substance;
4        (7) the severity of the alleged violence that is the
5    basis of the alleged offense, including, but not limited
6    to, the duration of the alleged violent incident, and
7    whether the alleged violent incident involved serious
8    physical injury, sexual assault, strangulation, abuse
9    during the alleged victim's pregnancy, abuse of pets, or
10    forcible entry to gain access to the alleged victim;
11        (8) whether a separation of the person from the
12    alleged victim or a termination of the relationship
13    between the person and the alleged victim has recently
14    occurred or is pending;
15        (9) whether the person has exhibited obsessive or
16    controlling behaviors toward the alleged victim,
17    including, but not limited to, stalking, surveillance, or
18    isolation of the alleged victim;
19        (10) whether the person has expressed suicidal or
20    homicidal ideations; and
21        (11) any information contained in the complaint and
22    any police reports, affidavits, or other documents
23    accompanying the complaint.
24    (d) Upon the court's own motion or the motion of a party
25and upon any terms that the court may direct, the court may
26permit a person, who is required to appear before it because

 

 

SB1897- 4 -LRB102 10296 RLC 15623 b

1the person is charged with a violent crime, to appear by video
2conferencing equipment. If, in the opinion of the court, the
3appearance in person or by video conferencing equipment of a
4person who is charged with a misdemeanor and who is required to
5appear before the court because the person is charged with a
6violent crime is not practicable, the court may waive the
7appearance and release the person on bail on one or both of the
8following types of bail in an amount set by the court:
9        (1) a bail bond secured by a deposit of 10% of the
10    amount of the bond in cash; or
11        (2) a surety bond, a bond secured by real estate or
12    securities as allowed by law, or the deposit of cash, at
13    the option of the person.
14    (e) This Section does not create a right in a person to
15appear before the court for the setting of bail or prohibit a
16court from requiring any person charged with a violent crime
17who is not described in subsection (a) from appearing before
18the court for the setting of bail.
 
19    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
20    Sec. 110-10. Conditions of bail bond.
21    (a) If a person is released prior to conviction, either
22upon payment of bail security or on his or her own
23recognizance, the conditions of the bail bond shall be that he
24or she will:
25        (1) Appear to answer the charge in the court having

 

 

SB1897- 5 -LRB102 10296 RLC 15623 b

1    jurisdiction on a day certain and thereafter as ordered by
2    the court until discharged or final order of the court;
3        (2) Submit himself or herself to the orders and
4    process of the court;
5        (3) Not depart this State without leave of the court;
6        (4) Not violate any criminal statute of any
7    jurisdiction;
8        (5) At a time and place designated by the court, but in
9    no circumstances greater than 72 hours from the time of
10    the entry of such order, surrender all firearms in his or
11    her possession to a law enforcement officer designated by
12    the court to take custody of and impound the firearms and
13    physically surrender his or her Firearm Owner's
14    Identification Card to the clerk of the circuit court when
15    the offense the person has been charged with is a forcible
16    felony, stalking, aggravated stalking, domestic battery,
17    battery, aggravated battery, any offense that causes great
18    bodily harm or involves the use of a deadly weapon, any
19    violation of the Illinois Controlled Substances Act, the
20    Methamphetamine Control and Community Protection Act, or
21    the Cannabis Control Act that is classified as a Class 2 or
22    greater felony, or any felony violation of Article 24 of
23    the Criminal Code of 1961 or the Criminal Code of 2012; the
24    court may, however, forgo the imposition of this condition
25    when the circumstances of the case clearly do not warrant
26    it or when its imposition would be impractical; if the

 

 

SB1897- 6 -LRB102 10296 RLC 15623 b

1    Firearm Owner's Identification Card is confiscated, the
2    clerk of the circuit court shall mail the confiscated card
3    to the Illinois State Police; all legally possessed
4    firearms shall be returned to the person upon the charges
5    being dismissed, or if the person is found not guilty,
6    unless the finding of not guilty is by reason of insanity;
7    and
8        (6) At a time and place designated by the court,
9    submit to a psychological evaluation when the person has
10    been charged with a violation of item (4) of subsection
11    (a) of Section 24-1 of the Criminal Code of 1961 or the
12    Criminal Code of 2012 and that violation occurred in a
13    school or in any conveyance owned, leased, or contracted
14    by a school to transport students to or from school or a
15    school-related activity, or on any public way within 1,000
16    feet of real property comprising any school.
17    Psychological evaluations ordered pursuant to this Section
18shall be completed promptly and made available to the State,
19the defendant, and the court. As a further condition of bail
20under these circumstances, the court shall order the defendant
21to refrain from entering upon the property of the school,
22including any conveyance owned, leased, or contracted by a
23school to transport students to or from school or a
24school-related activity, or on any public way within 1,000
25feet of real property comprising any school. Upon receipt of
26the psychological evaluation, either the State or the

 

 

SB1897- 7 -LRB102 10296 RLC 15623 b

1defendant may request a change in the conditions of bail,
2pursuant to Section 110-6 of this Code. The court may change
3the conditions of bail to include a requirement that the
4defendant follow the recommendations of the psychological
5evaluation, including undergoing psychiatric treatment. The
6conclusions of the psychological evaluation and any statements
7elicited from the defendant during its administration are not
8admissible as evidence of guilt during the course of any trial
9on the charged offense, unless the defendant places his or her
10mental competency in issue.
11    (b) The court may impose other conditions, such as the
12following, if the court finds that such conditions are
13reasonably necessary to assure the defendant's appearance in
14court, protect the public from the defendant, or prevent the
15defendant's unlawful interference with the orderly
16administration of justice:
17        (1) Report to or appear in person before such person
18    or agency as the court may direct;
19        (2) Refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) Refrain from approaching or communicating with
22    particular persons or classes of persons;
23        (4) Refrain from going to certain described
24    geographical areas or premises;
25        (5) Refrain from engaging in certain activities or
26    indulging in intoxicating liquors or in certain drugs;

 

 

SB1897- 8 -LRB102 10296 RLC 15623 b

1        (6) Undergo treatment for drug addiction or
2    alcoholism;
3        (7) Undergo medical or psychiatric treatment;
4        (8) Work or pursue a course of study or vocational
5    training;
6        (9) Attend or reside in a facility designated by the
7    court;
8        (10) Support his or her dependents;
9        (11) If a minor resides with his or her parents or in a
10    foster home, attend school, attend a non-residential
11    program for youths, and contribute to his or her own
12    support at home or in a foster home;
13        (12) Observe any curfew ordered by the court;
14        (13) Remain in the custody of such designated person
15    or organization agreeing to supervise his release. Such
16    third party custodian shall be responsible for notifying
17    the court if the defendant fails to observe the conditions
18    of release which the custodian has agreed to monitor, and
19    shall be subject to contempt of court for failure so to
20    notify the court;
21        (14) Be placed under direct supervision of the
22    Pretrial Services Agency, Probation Department or Court
23    Services Department in a pretrial bond home supervision
24    capacity with or without the use of an approved electronic
25    monitoring device subject to Article 8A of Chapter V of
26    the Unified Code of Corrections;

 

 

SB1897- 9 -LRB102 10296 RLC 15623 b

1        (14.1) The court shall impose upon a defendant who is
2    charged with any alcohol, cannabis, methamphetamine, or
3    controlled substance violation and is placed under direct
4    supervision of the Pretrial Services Agency, Probation
5    Department or Court Services Department in a pretrial bond
6    home supervision capacity with the use of an approved
7    monitoring device, as a condition of such bail bond, a fee
8    that represents costs incidental to the electronic
9    monitoring for each day of such bail supervision ordered
10    by the court, unless after determining the inability of
11    the defendant to pay the fee, the court assesses a lesser
12    fee or no fee as the case may be. The fee shall be
13    collected by the clerk of the circuit court, except as
14    provided in an administrative order of the Chief Judge of
15    the circuit court. The clerk of the circuit court shall
16    pay all monies collected from this fee to the county
17    treasurer for deposit in the substance abuse services fund
18    under Section 5-1086.1 of the Counties Code, except as
19    provided in an administrative order of the Chief Judge of
20    the circuit court.
21        The Chief Judge of the circuit court of the county may
22    by administrative order establish a program for electronic
23    monitoring of offenders with regard to drug-related and
24    alcohol-related offenses, in which a vendor supplies and
25    monitors the operation of the electronic monitoring
26    device, and collects the fees on behalf of the county. The

 

 

SB1897- 10 -LRB102 10296 RLC 15623 b

1    program shall include provisions for indigent offenders
2    and the collection of unpaid fees. The program shall not
3    unduly burden the offender and shall be subject to review
4    by the Chief Judge.
5        The Chief Judge of the circuit court may suspend any
6    additional charges or fees for late payment, interest, or
7    damage to any device;
8        (14.2) The court shall impose upon all defendants,
9    including those defendants subject to paragraph (14.1)
10    above, placed under direct supervision of the Pretrial
11    Services Agency, Probation Department or Court Services
12    Department in a pretrial bond home supervision capacity
13    with the use of an approved monitoring device, as a
14    condition of such bail bond, a fee which shall represent
15    costs incidental to such electronic monitoring for each
16    day of such bail supervision ordered by the court, unless
17    after determining the inability of the defendant to pay
18    the fee, the court assesses a lesser fee or no fee as the
19    case may be. The fee shall be collected by the clerk of the
20    circuit court, except as provided in an administrative
21    order of the Chief Judge of the circuit court. The clerk of
22    the circuit court shall pay all monies collected from this
23    fee to the county treasurer who shall use the monies
24    collected to defray the costs of corrections. The county
25    treasurer shall deposit the fee collected in the county
26    working cash fund under Section 6-27001 or Section 6-29002

 

 

SB1897- 11 -LRB102 10296 RLC 15623 b

1    of the Counties Code, as the case may be, except as
2    provided in an administrative order of the Chief Judge of
3    the circuit court.
4        The Chief Judge of the circuit court of the county may
5    by administrative order establish a program for electronic
6    monitoring of offenders with regard to drug-related and
7    alcohol-related offenses, in which a vendor supplies and
8    monitors the operation of the electronic monitoring
9    device, and collects the fees on behalf of the county. The
10    program shall include provisions for indigent offenders
11    and the collection of unpaid fees. The program shall not
12    unduly burden the offender and shall be subject to review
13    by the Chief Judge.
14        The Chief Judge of the circuit court may suspend any
15    additional charges or fees for late payment, interest, or
16    damage to any device;
17        (14.3) The Chief Judge of the Judicial Circuit may
18    establish reasonable fees to be paid by a person receiving
19    pretrial services while under supervision of a pretrial
20    services agency, probation department, or court services
21    department. Reasonable fees may be charged for pretrial
22    services including, but not limited to, pretrial
23    supervision, diversion programs, electronic monitoring,
24    victim impact services, drug and alcohol testing, DNA
25    testing, GPS electronic monitoring, assessments and
26    evaluations related to domestic violence and other

 

 

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1    victims, and victim mediation services. The person
2    receiving pretrial services may be ordered to pay all
3    costs incidental to pretrial services in accordance with
4    his or her ability to pay those costs;
5        (14.4) For persons charged with violating Section
6    11-501 of the Illinois Vehicle Code, refrain from
7    operating a motor vehicle not equipped with an ignition
8    interlock device, as defined in Section 1-129.1 of the
9    Illinois Vehicle Code, pursuant to the rules promulgated
10    by the Secretary of State for the installation of ignition
11    interlock devices. Under this condition the court may
12    allow a defendant who is not self-employed to operate a
13    vehicle owned by the defendant's employer that is not
14    equipped with an ignition interlock device in the course
15    and scope of the defendant's employment;
16        (15) Comply with the terms and conditions of an order
17    of protection issued by the court under the Illinois
18    Domestic Violence Act of 1986 or an order of protection
19    issued by the court of another state, tribe, or United
20    States territory;
21        (16) Under Section 110-6.5 comply with the conditions
22    of the drug testing program; and
23        (17) Such other reasonable conditions as the court may
24    impose.
25    (c) When a person is charged with an offense under Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

 

 

SB1897- 13 -LRB102 10296 RLC 15623 b

112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
2Criminal Code of 2012, involving a victim who is a minor under
318 years of age living in the same household with the defendant
4at the time of the offense, in granting bail or releasing the
5defendant on his own recognizance, the judge shall impose
6conditions to restrict the defendant's access to the victim
7which may include, but are not limited to conditions that he
8will:
9        1. Vacate the household.
10        2. Make payment of temporary support to his
11    dependents.
12        3. Refrain from contact or communication with the
13    child victim, except as ordered by the court.
14    (d) When a person is charged with a criminal offense and
15the victim is a family or household member as defined in
16Article 112A, conditions shall be imposed at the time of the
17defendant's release on bond that restrict the defendant's
18access to the victim. Unless provided otherwise by the court,
19the restrictions shall include requirements that the defendant
20do the following:
21        (1) refrain from contact or communication with the
22    victim for a minimum period of 72 hours following the
23    defendant's release; and
24        (2) refrain from entering or remaining at the victim's
25    residence for a minimum period of 72 hours following the
26    defendant's release.

 

 

SB1897- 14 -LRB102 10296 RLC 15623 b

1    (e) Local law enforcement agencies shall develop
2standardized bond forms for use in cases involving family or
3household members as defined in Article 112A, including
4specific conditions of bond as provided in subsection (d).
5Failure of any law enforcement department to develop or use
6those forms shall in no way limit the applicability and
7enforcement of subsections (d) and (f).
8    (f) If the defendant is admitted to bail after conviction
9the conditions of the bail bond shall be that he will, in
10addition to the conditions set forth in subsections (a) and
11(b) hereof:
12        (1) Duly prosecute his appeal;
13        (2) Appear at such time and place as the court may
14    direct;
15        (3) Not depart this State without leave of the court;
16        (4) Comply with such other reasonable conditions as
17    the court may impose; and
18        (5) If the judgment is affirmed or the cause reversed
19    and remanded for a new trial, forthwith surrender to the
20    officer from whose custody he was bailed.
21    (g) Upon a finding of guilty for any felony offense, the
22defendant shall physically surrender, at a time and place
23designated by the court, any and all firearms in his or her
24possession and his or her Firearm Owner's Identification Card
25as a condition of remaining on bond pending sentencing.
26    (h) In the event the defendant is unable to post bond, the

 

 

SB1897- 15 -LRB102 10296 RLC 15623 b

1court may impose a no contact provision with the victim or
2other interested party that shall be enforced while the
3defendant remains in custody.
4(Source: P.A. 101-138, eff. 1-1-20.)