093_HB0506enr

 
HB0506 Enrolled                      LRB093 06422 RLC 06545 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended 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
 8    of release.
 9        (a)  In  determining  the  amount  of  monetary  bail  or
10    conditions of release, if any, which will  reasonably  assure
11    the  appearance  of  a defendant as required or the safety of
12    any other person or  the  community  and  the  likelihood  of
13    compliance  by the defendant with all the conditions of bail,
14    the court shall, on the basis of available information,  take
15    into  account such matters as the nature and circumstances of
16    the offense charged, whether the evidence shows that as  part
17    of  the offense there was a use of violence or threatened use
18    of violence,  whether  the  offense  involved  corruption  of
19    public  officials  or  employees,  whether there was physical
20    harm or threats of physical  harm  to  any  public  official,
21    public  employee, judge, prosecutor, juror or witness, senior
22    citizen, child or handicapped person, whether evidence  shows
23    that  during  the  offense or during the arrest the defendant
24    possessed or used a firearm, machine gun, explosive or  metal
25    piercing  ammunition or explosive bomb device or any military
26    or paramilitary armament, whether the evidence shows that the
27    offense committed was related to or  in  furtherance  of  the
28    criminal activities of an organized gang  or was motivated by
29    the  defendant's  membership in or allegiance to an organized
30    gang, the condition of  the  victim,  any  written  statement
31    submitted  by  the victim or proffer or representation by the
 
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 1    State regarding the impact which the alleged criminal conduct
 2    has had on the victim and the victim's concern, if any,  with
 3    further  contact  with  the  defendant  if  released on bail,
 4    whether the offense was based on  racial,  religious,  sexual
 5    orientation or ethnic hatred, the likelihood of the filing of
 6    a  greater charge, the likelihood of conviction, the sentence
 7    applicable  upon  conviction,  the  weight  of  the  evidence
 8    against such defendant, whether there  exists  motivation  or
 9    ability  to  flee,  whether  there  is any verification as to
10    prior residence, education,  or  family  ties  in  the  local
11    jurisdiction,  in  another  county, state or foreign country,
12    the defendant's employment,  financial  resources,  character
13    and  mental condition, past conduct, prior use of alias names
14    or dates of birth, and length of residence in the  community,
15    the  consent  of  the  defendant  to periodic drug testing in
16    accordance with Section 110-6.5, whether a  foreign  national
17    defendant  is  lawfully  admitted  in  the  United  States of
18    America, whether  the  government  of  the  foreign  national
19    maintains  an  extradition  treaty  with the United States by
20    which the foreign government will  extradite  to  the  United
21    States  its  national  for  a  trial  for  a  crime allegedly
22    committed in the United  States,  whether  the  defendant  is
23    currently  subject  to  deportation  or  exclusion  under the
24    immigration laws of the United States, whether the defendant,
25    although a United States citizen, is considered under the law
26    of any foreign  state  a  national  of  that  state  for  the
27    purposes  of  extradition  or  non-extradition  to the United
28    States, the amount of unrecovered proceeds lost as  a  result
29    of  the alleged offense, the source of bail funds tendered or
30    sought to be tendered for bail, whether from the totality  of
31    the court's consideration, the loss of funds posted or sought
32    to  be  posted  for  bail  will  not deter the defendant from
33    flight, whether the evidence  shows  that  the  defendant  is
34    engaged  in  significant possession, manufacture, or delivery
 
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 1    of a controlled substance or cannabis, either individually or
 2    in consort with others, whether at the time  of  the  offense
 3    charged  he  was  on bond or pre-trial release pending trial,
 4    probation, periodic  imprisonment  or  conditional  discharge
 5    pursuant  to  this  Code  or the comparable Code of any other
 6    state or federal jurisdiction, whether the  defendant  is  on
 7    bond or pre-trial release pending the imposition or execution
 8    of  sentence  or appeal of sentence for any offense under the
 9    laws of Illinois or any other state or federal  jurisdiction,
10    whether the defendant is under parole or mandatory supervised
11    release  or  work  release  from  the  Illinois Department of
12    Corrections  or  any   penal   institution   or   corrections
13    department   of   any  state  or  federal  jurisdiction,  the
14    defendant's record of convictions, whether the defendant  has
15    been  convicted  of  a  misdemeanor  or  ordinance offense in
16    Illinois  or  similar  offense  in  other  state  or  federal
17    jurisdiction within the 10 years preceding the current charge
18    or convicted of a felony in Illinois, whether  the  defendant
19    was  convicted  of  an  offense  in  another state or federal
20    jurisdiction that would be a felony if committed in  Illinois
21    within  the 20 years preceding the current charge or has been
22    convicted of such felony and released from  the  penitentiary
23    within   20   years   preceding   the  current  charge  if  a
24    penitentiary sentence was imposed in Illinois or other  state
25    or  federal jurisdiction, the defendant's records of juvenile
26    adjudication of delinquency in any jurisdiction,  any  record
27    of  appearance or failure to appear by the defendant at court
28    proceedings, whether there was  flight  to  avoid  arrest  or
29    prosecution,  whether  the  defendant escaped or attempted to
30    escape to avoid arrest,  whether  the  defendant  refused  to
31    identify  himself,  or  whether  there  was  a refusal by the
32    defendant  to  be   fingerprinted   as   required   by   law.
33    Information used by the court in its findings or stated in or
34    offered  in  connection  with  this  Section may be by way of
 
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 1    proffer based upon reliable information offered by the  State
 2    or  defendant.  All  evidence  shall  be  admissible if it is
 3    relevant and reliable  regardless  of  whether  it  would  be
 4    admissible under the rules of evidence applicable at criminal
 5    trials.  If  the  State  presents  evidence  that the offense
 6    committed by the defendant was related to or  in  furtherance
 7    of  the  criminal  activities  of  an  organized  gang or was
 8    motivated by the defendant's membership in or  allegiance  to
 9    an  organized  gang,  and  if  the  court determines that the
10    evidence may be substantiated, the court shall  prohibit  the
11    defendant   from   associating  with  other  members  of  the
12    organized gang as a condition of bail  or  release.  For  the
13    purposes  of  this  Section, "organized gang" has the meaning
14    ascribed to it in  Section  10  of  the  Illinois  Streetgang
15    Terrorism Omnibus Prevention Act.
16        (b)  The amount of bail shall be:
17             (1)  Sufficient   to   assure  compliance  with  the
18        conditions set  forth  in  the  bail  bond,  which  shall
19        include  the  defendant's  current address with a written
20        admonishment to the defendant that he or she must  comply
21        with  the  provisions  of  Section  110-12  regarding any
22        change in his or her address.   The  defendant's  address
23        shall  at all times remain a matter of public record with
24        the clerk of the court.
25             (2)  Not oppressive.
26             (3)  Considerate of the  financial  ability  of  the
27        accused.
28             (4)  When  a  person  is charged with a drug related
29        offense involving possession or delivery of  cannabis  or
30        possession  or  delivery  of  a  controlled  substance as
31        defined in the Cannabis Control Act, as amended,  or  the
32        Illinois  Controlled Substances Act, as amended, the full
33        street value of the drugs  seized  shall  be  considered.
34        "Street  value"  shall  be determined by the court on the
 
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 1        basis of a proffer  by  the  State  based  upon  reliable
 2        information  of a law enforcement official contained in a
 3        written report as to the amount seized and  such  proffer
 4        may  be  used by the court as to the current street value
 5        of the smallest unit of the drug seized.
 6        (c)  When a person is charged with an offense  punishable
 7    by  fine  only the amount of the bail shall not exceed double
 8    the amount of the maximum penalty.
 9        (d)  When a person has been convicted of an  offense  and
10    only a fine has been imposed the amount of the bail shall not
11    exceed double the amount of the fine.
12        (e)  The  State  may  appeal  any  order granting bail or
13    setting a given amount for bail.
14    (Source: P.A. 88-677, eff.  12-15-94;  88-679,  eff.  7-1-95;
15    89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)