Illinois General Assembly - Full Text of SB0552
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Full Text of SB0552  100th General Assembly

SB0552sam002 100TH GENERAL ASSEMBLY

Sen. Donne E. Trotter

Filed: 5/19/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 552

2    AMENDMENT NO. ______. Amend Senate Bill 552, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Code of Criminal Procedure of 1963 is
6amended by changing Section 110-6 as follows:
 
7    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
8    Sec. 110-6. (a) Upon verified application by the State or
9the defendant or on its own motion the court before which the
10proceeding is pending may increase or reduce the amount of bail
11or may alter the conditions of the bail bond or grant bail
12where it has been previously revoked or denied. If bail has
13been previously revoked pursuant to subsection (f) of this
14Section or if bail has been denied to the defendant pursuant to
15subsection (e) of Section 110-6.1 or subsection (e) of Section
16110-6.3, the defendant shall be required to present a verified

 

 

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1application setting forth in detail any new facts not known or
2obtainable at the time of the previous revocation or denial of
3bail proceedings. If the court grants bail where it has been
4previously revoked or denied, the court shall state on the
5record of the proceedings the findings of facts and conclusion
6of law upon which such order is based.
7    (a-5) In addition to any other available motion or
8procedure under this Code, a first time offender in custody for
9a non-violent misdemeanor offense due to an inability to post
10monetary bail shall be brought before the court at the next
11available court date or 7 calendar days from the date bail was
12set, whichever is earlier, for a rehearing on the amount or
13conditions of bail or release pending further court
14proceedings. For purposes of this subsection (a-5),
15"non-violent misdemeanor" means an offense which does not
16involve the use or threat of physical force or violence against
17a person.
18    (b) Violation of the conditions of Section 110-10 of this
19Code or any special conditions of bail as ordered by the court
20shall constitute grounds for the court to increase the amount
21of bail, or otherwise alter the conditions of bail, or, where
22the alleged offense committed on bail is a forcible felony in
23Illinois or a Class 2 or greater offense under the Illinois
24Controlled Substances Act, the Cannabis Control Act, or the
25Methamphetamine Control and Community Protection Act, revoke
26bail pursuant to the appropriate provisions of subsection (e)

 

 

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1of this Section.
2    (c) Reasonable notice of such application by the defendant
3shall be given to the State.
4    (d) Reasonable notice of such application by the State
5shall be given to the defendant, except as provided in
6subsection (e).
7    (e) Upon verified application by the State stating facts or
8circumstances constituting a violation or a threatened
9violation of any of the conditions of the bail bond the court
10may issue a warrant commanding any peace officer to bring the
11defendant without unnecessary delay before the court for a
12hearing on the matters set forth in the application. If the
13actual court before which the proceeding is pending is absent
14or otherwise unavailable another court may issue a warrant
15pursuant to this Section. When the defendant is charged with a
16felony offense and while free on bail is charged with a
17subsequent felony offense and is the subject of a proceeding
18set forth in Section 109-1 or 109-3 of this Code, upon the
19filing of a verified petition by the State alleging a violation
20of Section 110-10 (a) (4) of this Code, the court shall without
21prior notice to the defendant, grant leave to file such
22application and shall order the transfer of the defendant and
23the application without unnecessary delay to the court before
24which the previous felony matter is pending for a hearing as
25provided in subsection (b) or this subsection of this Section.
26The defendant shall be held without bond pending transfer to

 

 

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1and a hearing before such court. At the conclusion of the
2hearing based on a violation of the conditions of Section
3110-10 of this Code or any special conditions of bail as
4ordered by the court the court may enter an order increasing
5the amount of bail or alter the conditions of bail as deemed
6appropriate.
7    (f) Where the alleged violation consists of the violation
8of one or more felony statutes of any jurisdiction which would
9be a forcible felony in Illinois or a Class 2 or greater
10offense under the Illinois Controlled Substances Act, the
11Cannabis Control Act, or the Methamphetamine Control and
12Community Protection Act and the defendant is on bail for the
13alleged commission of a felony, or where the defendant is on
14bail for a felony domestic battery (enhanced pursuant to
15subsection (b) of Section 12-3.2 of the Criminal Code of 1961
16or the Criminal Code of 2012), aggravated domestic battery,
17aggravated battery, unlawful restraint, aggravated unlawful
18restraint or domestic battery in violation of item (1) of
19subsection (a) of Section 12-3.2 of the Criminal Code of 1961
20or the Criminal Code of 2012 against a family or household
21member as defined in Section 112A-3 of this Code and the
22violation is an offense of domestic battery against the same
23victim the court shall, on the motion of the State or its own
24motion, revoke bail in accordance with the following
25provisions:
26        (1) The court shall hold the defendant without bail

 

 

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1    pending the hearing on the alleged breach; however, if the
2    defendant is not admitted to bail the hearing shall be
3    commenced within 10 days from the date the defendant is
4    taken into custody or the defendant may not be held any
5    longer without bail, unless delay is occasioned by the
6    defendant. Where defendant occasions the delay, the
7    running of the 10 day period is temporarily suspended and
8    resumes at the termination of the period of delay. Where
9    defendant occasions the delay with 5 or fewer days
10    remaining in the 10 day period, the court may grant a
11    period of up to 5 additional days to the State for good
12    cause shown. The State, however, shall retain the right to
13    proceed to hearing on the alleged violation at any time,
14    upon reasonable notice to the defendant and the court.
15        (2) At a hearing on the alleged violation the State has
16    the burden of going forward and proving the violation by
17    clear and convincing evidence. The evidence shall be
18    presented in open court with the opportunity to testify, to
19    present witnesses in his behalf, and to cross-examine
20    witnesses if any are called by the State, and
21    representation by counsel and if the defendant is indigent
22    to have counsel appointed for him. The rules of evidence
23    applicable in criminal trials in this State shall not
24    govern the admissibility of evidence at such hearing.
25    Information used by the court in its findings or stated in
26    or offered in connection with hearings for increase or

 

 

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1    revocation of bail may be by way of proffer based upon
2    reliable information offered by the State or defendant. All
3    evidence shall be admissible if it is relevant and reliable
4    regardless of whether it would be admissible under the
5    rules of evidence applicable at criminal trials. A motion
6    by the defendant to suppress evidence or to suppress a
7    confession shall not be entertained at such a hearing.
8    Evidence that proof may have been obtained as a result of
9    an unlawful search and seizure or through improper
10    interrogation is not relevant to this hearing.
11        (3) Upon a finding by the court that the State has
12    established by clear and convincing evidence that the
13    defendant has committed a forcible felony or a Class 2 or
14    greater offense under the Illinois Controlled Substances
15    Act, the Cannabis Control Act, or the Methamphetamine
16    Control and Community Protection Act while admitted to
17    bail, or where the defendant is on bail for a felony
18    domestic battery (enhanced pursuant to subsection (b) of
19    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
20    Code of 2012), aggravated domestic battery, aggravated
21    battery, unlawful restraint, aggravated unlawful restraint
22    or domestic battery in violation of item (1) of subsection
23    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
24    Criminal Code of 2012 against a family or household member
25    as defined in Section 112A-3 of this Code and the violation
26    is an offense of domestic battery, against the same victim,

 

 

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1    the court shall revoke the bail of the defendant and hold
2    the defendant for trial without bail. Neither the finding
3    of the court nor any transcript or other record of the
4    hearing shall be admissible in the State's case in chief,
5    but shall be admissible for impeachment, or as provided in
6    Section 115-10.1 of this Code or in a perjury proceeding.
7        (4) If the bail of any defendant is revoked pursuant to
8    paragraph (f) (3) of this Section, the defendant may demand
9    and shall be entitled to be brought to trial on the offense
10    with respect to which he was formerly released on bail
11    within 90 days after the date on which his bail was
12    revoked. If the defendant is not brought to trial within
13    the 90 day period required by the preceding sentence, he
14    shall not be held longer without bail. In computing the 90
15    day period, the court shall omit any period of delay
16    resulting from a continuance granted at the request of the
17    defendant.
18        (5) If the defendant either is arrested on a warrant
19    issued pursuant to this Code or is arrested for an
20    unrelated offense and it is subsequently discovered that
21    the defendant is a subject of another warrant or warrants
22    issued pursuant to this Code, the defendant shall be
23    transferred promptly to the court which issued such
24    warrant. If, however, the defendant appears initially
25    before a court other than the court which issued such
26    warrant, the non-issuing court shall not alter the amount

 

 

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1    of bail heretofore set on such warrant unless the court
2    sets forth on the record of proceedings the conclusions of
3    law and facts which are the basis for such altering of
4    another court's bond. The non-issuing court shall not alter
5    another courts bail set on a warrant unless the interests
6    of justice and public safety are served by such action.
7    (g) The State may appeal any order where the court has
8increased or reduced the amount of bail or altered the
9conditions of the bail bond or granted bail where it has
10previously been revoked.
11(Source: P.A. 97-1150, eff. 1-25-13.)".