093_HB0558enr

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

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

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

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

33        Section  99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.