Illinois General Assembly - Full Text of HB0506
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Full Text of HB0506  93rd General Assembly

HB0506ham001 93rd General Assembly


                                     LRB093 06422 RLC 12588 a

 1                     AMENDMENT TO HOUSE BILL 506

 2        AMENDMENT NO.     .  Amend House Bill 506 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.   The  Code of Criminal Procedure of 1963 is
 6    amended by changing Section 110-5 as follows:

 7        (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
 8        Sec. 110-5. Determining the amount of bail and conditions
 9    of release.
10        (a)  In  determining  the  amount  of  monetary  bail  or
11    conditions of release, if any, which will  reasonably  assure
12    the  appearance  of  a defendant as required or the safety of
13    any other person or  the  community  and  the  likelihood  of
14    compliance  by the defendant with all the conditions of bail,
15    the court shall, on the basis of available information,  take
16    into  account such matters as the nature and circumstances of
17    the offense charged, whether the evidence shows that as  part
18    of  the offense there was a use of violence or threatened use
19    of violence,  whether  the  offense  involved  corruption  of
20    public  officials  or  employees,  whether there was physical
21    harm or threats of physical  harm  to  any  public  official,
22    public  employee, judge, prosecutor, juror or witness, senior
                            -2-      LRB093 06422 RLC 12588 a
 1    citizen, child or handicapped person, whether evidence  shows
 2    that  during  the  offense or during the arrest the defendant
 3    possessed or used a firearm, machine gun, explosive or  metal
 4    piercing  ammunition or explosive bomb device or any military
 5    or paramilitary armament, whether the evidence shows that the
 6    offense committed was related to or  in  furtherance  of  the
 7    criminal activities of an organized gang  or was motivated by
 8    the  defendant's  membership in or allegiance to an organized
 9    gang, the condition of  the  victim,  any  written  statement
10    submitted  by  the victim or proffer or representation by the
11    State regarding the impact which the alleged criminal conduct
12    has had on the victim and the victim's concern, if any,  with
13    further  contact  with  the  defendant  if  released on bail,
14    whether the offense was based on  racial,  religious,  sexual
15    orientation or ethnic hatred, the likelihood of the filing of
16    a  greater charge, the likelihood of conviction, the sentence
17    applicable  upon  conviction,  the  weight  of  the  evidence
18    against such defendant, whether there  exists  motivation  or
19    ability  to  flee,  whether  there  is any verification as to
20    prior residence, education,  or  family  ties  in  the  local
21    jurisdiction,  in  another  county, state or foreign country,
22    the defendant's employment,  financial  resources,  character
23    and  mental condition, past conduct, prior use of alias names
24    or dates of birth, and length of residence in the  community,
25    the  consent  of  the  defendant  to periodic drug testing in
26    accordance with Section 110-6.5, whether a  foreign  national
27    defendant  is  lawfully  admitted  in  the  United  States of
28    America, whether  the  government  of  the  foreign  national
29    maintains  an  extradition  treaty  with the United States by
30    which the foreign government will  extradite  to  the  United
31    States  its  national  for  a  trial  for  a  crime allegedly
32    committed in the United  States,  whether  the  defendant  is
33    currently  subject  to  deportation  or  exclusion  under the
34    immigration laws of the United States, whether the defendant,
                            -3-      LRB093 06422 RLC 12588 a
 1    although a United States citizen, is considered under the law
 2    of any foreign  state  a  national  of  that  state  for  the
 3    purposes  of  extradition  or  non-extradition  to the United
 4    States, the amount of unrecovered proceeds lost as  a  result
 5    of  the alleged offense, the source of bail funds tendered or
 6    sought to be tendered for bail, whether from the totality  of
 7    the court's consideration, the loss of funds posted or sought
 8    to  be  posted  for  bail  will  not deter the defendant from
 9    flight, whether the evidence  shows  that  the  defendant  is
10    engaged  in  significant possession, manufacture, or delivery
11    of a controlled substance or cannabis, either individually or
12    in consort with others, whether at the time  of  the  offense
13    charged  he  was  on bond or pre-trial release pending trial,
14    probation, periodic  imprisonment  or  conditional  discharge
15    pursuant  to  this  Code  or the comparable Code of any other
16    state or federal jurisdiction, whether the  defendant  is  on
17    bond or pre-trial release pending the imposition or execution
18    of  sentence  or appeal of sentence for any offense under the
19    laws of Illinois or any other state or federal  jurisdiction,
20    whether the defendant is under parole or mandatory supervised
21    release  or  work  release  from  the  Illinois Department of
22    Corrections  or  any   penal   institution   or   corrections
23    department   of   any  state  or  federal  jurisdiction,  the
24    defendant's record of convictions, whether the defendant  has
25    been  convicted  of  a  misdemeanor  or  ordinance offense in
26    Illinois  or  similar  offense  in  other  state  or  federal
27    jurisdiction within the 10 years preceding the current charge
28    or convicted of a felony in Illinois, whether  the  defendant
29    was  convicted  of  an  offense  in  another state or federal
30    jurisdiction that would be a felony if committed in  Illinois
31    within  the 20 years preceding the current charge or has been
32    convicted of such felony and released from  the  penitentiary
33    within   20   years   preceding   the  current  charge  if  a
34    penitentiary sentence was imposed in Illinois or other  state
                            -4-      LRB093 06422 RLC 12588 a
 1    or  federal jurisdiction, the defendant's records of juvenile
 2    adjudication of delinquency in any jurisdiction,  any  record
 3    of  appearance or failure to appear by the defendant at court
 4    proceedings, whether there was  flight  to  avoid  arrest  or
 5    prosecution,  whether  the  defendant escaped or attempted to
 6    escape to avoid arrest,  whether  the  defendant  refused  to
 7    identify  himself,  or  whether  there  was  a refusal by the
 8    defendant  to  be   fingerprinted   as   required   by   law.
 9    Information used by the court in its findings or stated in or
10    offered  in  connection  with  this  Section may be by way of
11    proffer based upon reliable information offered by the  State
12    or  defendant.  All  evidence  shall  be  admissible if it is
13    relevant and reliable  regardless  of  whether  it  would  be
14    admissible under the rules of evidence applicable at criminal
15    trials.  If  the  State  presents  evidence  that the offense
16    committed by the defendant was related to or  in  furtherance
17    of  the  criminal  activities  of  an  organized  gang or was
18    motivated by the defendant's membership in or  allegiance  to
19    an  organized  gang,  and  if  the  court determines that the
20    evidence may be substantiated, the court shall  prohibit  the
21    defendant   from   associating  with  other  members  of  the
22    organized gang as a condition of bail  or  release.  For  the
23    purposes  of  this  Section, "organized gang" has the meaning
24    ascribed to it in  Section  10  of  the  Illinois  Streetgang
25    Terrorism Omnibus Prevention Act.
26        (b)  The amount of bail shall be:
27             (1)  Sufficient   to   assure  compliance  with  the
28        conditions set  forth  in  the  bail  bond,  which  shall
29        include  the  defendant's  current address with a written
30        admonishment to the defendant that he or she must  comply
31        with  the  provisions  of  Section  110-12  regarding any
32        change in his or her address.   The  defendant's  address
33        shall  at all times remain a matter of public record with
34        the clerk of the court.
                            -5-      LRB093 06422 RLC 12588 a
 1             (2)  Not oppressive.
 2             (3)  Considerate of the  financial  ability  of  the
 3        accused.
 4             (4)  When  a  person  is charged with a drug related
 5        offense involving possession or delivery of  cannabis  or
 6        possession  or  delivery  of  a  controlled  substance as
 7        defined in the Cannabis Control Act, as amended,  or  the
 8        Illinois  Controlled Substances Act, as amended, the full
 9        street value of the drugs  seized  shall  be  considered.
10        "Street  value"  shall  be determined by the court on the
11        basis of a proffer  by  the  State  based  upon  reliable
12        information  of a law enforcement official contained in a
13        written report as to the amount seized and  such  proffer
14        may  be  used by the court as to the current street value
15        of the smallest unit of the drug seized.
16        (c)  When a person is charged with an offense  punishable
17    by  fine  only the amount of the bail shall not exceed double
18    the amount of the maximum penalty.
19        (d)  When a person has been convicted of an  offense  and
20    only a fine has been imposed the amount of the bail shall not
21    exceed double the amount of the fine.
22        (e)  The  State  may  appeal  any  order granting bail or
23    setting a given amount for bail.
24    (Source: P.A. 88-677, eff.  12-15-94;  88-679,  eff.  7-1-95;
25    89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)".