Illinois General Assembly - Full Text of SB2034
Illinois General Assembly

Previous General Assemblies

Full Text of SB2034  100th General Assembly




SB2034 EnrolledLRB100 08699 RLC 18835 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:

5    Section 1-1. This Article 1 may be referred to as the Bail
6Reform Act of 2017.
7    Section 1-3. Legislative findings.
8    The General Assembly recognizes that the promotion of
9public safety and protection of crime victim rights are 2 of
10the main focuses of our State's criminal justice system; it
11further acknowledges that protecting the rights of the accused
12is central to the integrity of our State's criminal justice
13system. With these focuses in mind, this amendatory Act of the
14100th General Assembly establishes the Bail Reform Act of 2017
15for the citizens of this State, in recognition that the
16decision-making behind pre-trial release shall not focus on a
17person's wealth and ability to afford monetary bail but shall
18instead focus on a person's threat to public safety or risk of
19failure to appear before a court of appropriate jurisdiction.
20    Section 1-5. The Criminal Code of 2012 is amended by
21changing Section 33G-9 as follows:



SB2034 Enrolled- 2 -LRB100 08699 RLC 18835 b

1    (720 ILCS 5/33G-9)
2    (Section scheduled to be repealed on June 11, 2017)
3    Sec. 33G-9. Repeal. This Article is repealed on June 11,
42022 5 years after it becomes law.
5(Source: P.A. 97-686, eff. 6-11-12.)
6    Section 1-10. The Code of Criminal Procedure of 1963 is
7amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by
8adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:
9    (725 ILCS 5/102-7.1 new)
10    Sec. 102-7.1. "Category A offense".
11    "Category A offense" means a Class 1 felony, Class 2
12felony, Class X felony, first degree murder, a violation of
13Section 11-204 of the Illinois Vehicle Code, a second or
14subsequent violation of Section 11-501 of the Illinois Vehicle
15Code, a violation of subsection (d) of Section 11-501 of the
16Illinois Vehicle Code, a violation of Section 11-401 of the
17Illinois Vehicle Code if the accident results in injury and the
18person failed to report the accident within 30 minutes, a
19violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6,
2011-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2,
2112-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
2212C-5, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code
23of 2012, a second or subsequent violation of 12-3.2 or 12-3.4



SB2034 Enrolled- 3 -LRB100 08699 RLC 18835 b

1of the Criminal Code of 2012, a violation of paragraph (5) or
2(6) of subsection (b) of Section 10-9 of the Criminal Code of
32012, a violation of subsection (b) or (c) or paragraph (1) or
4(2) of subsection (a) of Section 11-1.50 of the Criminal Code
5of 2012, a violation of Section 12-7 of the Criminal Code of
62012 if the defendant inflicts bodily harm on the victim to
7obtain a confession, statement, or information, a violation of
8Section 12-7.5 of the Criminal Code of 2012 if the action
9results in bodily harm, a violation of paragraph (3) of
10subsection (b) of Section 17-2 of the Criminal Code of 2012, a
11violation of subdivision (a)(7)(ii) of Section 24-1 of the
12Criminal Code of 2012, a violation of paragraph (6) of
13subsection (a) of Section 24-1 of the Criminal Code of 2012, or
14a violation of Section 10 of the Sex Offender Registration Act.
15    (725 ILCS 5/102-7.2 new)
16    Sec. 102-7.2. "Category B offense".
17    "Category B offense" means a business offense, petty
18offense, Class C misdemeanor, Class B misdemeanor, Class A
19misdemeanor, Class 3 felony, or Class 4 felony, which is not
20specified in Category A.
21    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
22    Sec. 109-1. Person arrested.
23    (a) A person arrested with or without a warrant shall be
24taken without unnecessary delay before the nearest and most



SB2034 Enrolled- 4 -LRB100 08699 RLC 18835 b

1accessible judge in that county, except when such county is a
2participant in a regional jail authority, in which event such
3person may be taken to the nearest and most accessible judge,
4irrespective of the county where such judge presides, and a
5charge shall be filed. Whenever a person arrested either with
6or without a warrant is required to be taken before a judge, a
7charge may be filed against such person by way of a two-way
8closed circuit television system, except that a hearing to deny
9bail to the defendant may not be conducted by way of closed
10circuit television.
11    (a-5) A person charged with an offense shall be allowed
12counsel at the hearing at which bail is determined under
13Article 110 of this Code. If the defendant desires counsel for
14his or her initial appearance but is unable to obtain counsel,
15the court shall appoint a public defender or licensed attorney
16at law of this State to represent him or her for purposes of
17that hearing.
18    (b) The judge shall:
19        (1) Inform the defendant of the charge against him and
20    shall provide him with a copy of the charge;
21        (2) Advise the defendant of his right to counsel and if
22    indigent shall appoint a public defender or licensed
23    attorney at law of this State to represent him in
24    accordance with the provisions of Section 113-3 of this
25    Code;
26        (3) Schedule a preliminary hearing in appropriate



SB2034 Enrolled- 5 -LRB100 08699 RLC 18835 b

1    cases;
2        (4) Admit the defendant to bail in accordance with the
3    provisions of Article 110 of this Code; and
4        (5) Order the confiscation of the person's passport or
5    impose travel restrictions on a defendant arrested for
6    first degree murder or other violent crime as defined in
7    Section 3 of the Rights of Crime Victims and Witnesses Act,
8    if the judge determines, based on the factors in Section
9    110-5 of this Code, that this will reasonably ensure the
10    appearance of the defendant and compliance by the defendant
11    with all conditions of release.
12    (c) The court may issue an order of protection in
13accordance with the provisions of Article 112A of this Code.
14    (d) At the initial appearance of a defendant in any
15criminal proceeding, the court must advise the defendant in
16open court that any foreign national who is arrested or
17detained has the right to have notice of the arrest or
18detention given to his or her country's consular
19representatives and the right to communicate with those
20consular representatives if the notice has not already been
21provided. The court must make a written record of so advising
22the defendant.
23    (e) If consular notification is not provided to a defendant
24before his or her first appearance in court, the court shall
25grant any reasonable request for a continuance of the
26proceedings to allow contact with the defendant's consulate.



SB2034 Enrolled- 6 -LRB100 08699 RLC 18835 b

1Any delay caused by the granting of the request by a defendant
2shall temporarily suspend for the time of the delay the period
3within which a person shall be tried as prescribed by
4subsections (a), (b), or (e) of Section 103-5 of this Code and
5on the day of the expiration of delay the period shall continue
6at the point at which it was suspended.
7(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
8eff. 1-1-16.)
9    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
10    Sec. 110-5. Determining the amount of bail and conditions
11of release.
12    (a) In determining the amount of monetary bail or
13conditions of release, if any, which will reasonably assure the
14appearance of a defendant as required or the safety of any
15other person or the community and the likelihood of compliance
16by the defendant with all the conditions of bail, the court
17shall, on the basis of available information, take into account
18such matters as the nature and circumstances of the offense
19charged, whether the evidence shows that as part of the offense
20there was a use of violence or threatened use of violence,
21whether the offense involved corruption of public officials or
22employees, whether there was physical harm or threats of
23physical harm to any public official, public employee, judge,
24prosecutor, juror or witness, senior citizen, child, or person
25with a disability, whether evidence shows that during the



SB2034 Enrolled- 7 -LRB100 08699 RLC 18835 b

1offense or during the arrest the defendant possessed or used a
2firearm, machine gun, explosive or metal piercing ammunition or
3explosive bomb device or any military or paramilitary armament,
4whether the evidence shows that the offense committed was
5related to or in furtherance of the criminal activities of an
6organized gang or was motivated by the defendant's membership
7in or allegiance to an organized gang, the condition of the
8victim, any written statement submitted by the victim or
9proffer or representation by the State regarding the impact
10which the alleged criminal conduct has had on the victim and
11the victim's concern, if any, with further contact with the
12defendant if released on bail, whether the offense was based on
13racial, religious, sexual orientation or ethnic hatred, the
14likelihood of the filing of a greater charge, the likelihood of
15conviction, the sentence applicable upon conviction, the
16weight of the evidence against such defendant, whether there
17exists motivation or ability to flee, whether there is any
18verification as to prior residence, education, or family ties
19in the local jurisdiction, in another county, state or foreign
20country, the defendant's employment, financial resources,
21character and mental condition, past conduct, prior use of
22alias names or dates of birth, and length of residence in the
23community, the consent of the defendant to periodic drug
24testing in accordance with Section 110-6.5, whether a foreign
25national defendant is lawfully admitted in the United States of
26America, whether the government of the foreign national



SB2034 Enrolled- 8 -LRB100 08699 RLC 18835 b

1maintains an extradition treaty with the United States by which
2the foreign government will extradite to the United States its
3national for a trial for a crime allegedly committed in the
4United States, whether the defendant is currently subject to
5deportation or exclusion under the immigration laws of the
6United States, whether the defendant, although a United States
7citizen, is considered under the law of any foreign state a
8national of that state for the purposes of extradition or
9non-extradition to the United States, the amount of unrecovered
10proceeds lost as a result of the alleged offense, the source of
11bail funds tendered or sought to be tendered for bail, whether
12from the totality of the court's consideration, the loss of
13funds posted or sought to be posted for bail will not deter the
14defendant from flight, whether the evidence shows that the
15defendant is engaged in significant possession, manufacture,
16or delivery of a controlled substance or cannabis, either
17individually or in consort with others, whether at the time of
18the offense charged he or she was on bond or pre-trial release
19pending trial, probation, periodic imprisonment or conditional
20discharge pursuant to this Code or the comparable Code of any
21other state or federal jurisdiction, whether the defendant is
22on bond or pre-trial release pending the imposition or
23execution of sentence or appeal of sentence for any offense
24under the laws of Illinois or any other state or federal
25jurisdiction, whether the defendant is under parole, aftercare
26release, mandatory supervised release, or work release from the



SB2034 Enrolled- 9 -LRB100 08699 RLC 18835 b

1Illinois Department of Corrections or Illinois Department of
2Juvenile Justice or any penal institution or corrections
3department of any state or federal jurisdiction, the
4defendant's record of convictions, whether the defendant has
5been convicted of a misdemeanor or ordinance offense in
6Illinois or similar offense in other state or federal
7jurisdiction within the 10 years preceding the current charge
8or convicted of a felony in Illinois, whether the defendant was
9convicted of an offense in another state or federal
10jurisdiction that would be a felony if committed in Illinois
11within the 20 years preceding the current charge or has been
12convicted of such felony and released from the penitentiary
13within 20 years preceding the current charge if a penitentiary
14sentence was imposed in Illinois or other state or federal
15jurisdiction, the defendant's records of juvenile adjudication
16of delinquency in any jurisdiction, any record of appearance or
17failure to appear by the defendant at court proceedings,
18whether there was flight to avoid arrest or prosecution,
19whether the defendant escaped or attempted to escape to avoid
20arrest, whether the defendant refused to identify himself or
21herself, or whether there was a refusal by the defendant to be
22fingerprinted as required by law. Information used by the court
23in its findings or stated in or offered in connection with this
24Section may be by way of proffer based upon reliable
25information offered by the State or defendant. All evidence
26shall be admissible if it is relevant and reliable regardless



SB2034 Enrolled- 10 -LRB100 08699 RLC 18835 b

1of whether it would be admissible under the rules of evidence
2applicable at criminal trials. If the State presents evidence
3that the offense committed by the defendant was related to or
4in furtherance of the criminal activities of an organized gang
5or was motivated by the defendant's membership in or allegiance
6to an organized gang, and if the court determines that the
7evidence may be substantiated, the court shall prohibit the
8defendant from associating with other members of the organized
9gang as a condition of bail or release. For the purposes of
10this Section, "organized gang" has the meaning ascribed to it
11in Section 10 of the Illinois Streetgang Terrorism Omnibus
12Prevention Act.
13    (a-5) There shall be a presumption that any conditions of
14release imposed shall be non-monetary in nature and the court
15shall impose the least restrictive conditions or combination of
16conditions necessary to reasonably assure the appearance of the
17defendant for further court proceedings and protect the
18integrity of the judicial proceedings from a specific threat to
19a witness or participant. Conditions of release may include,
20but not be limited to, electronic home monitoring, curfews,
21drug counseling, stay-away orders, and in-person reporting.
22The court shall consider the defendant's socio-economic
23circumstance when setting conditions of release or imposing
24monetary bail.
25    (b) The amount of bail shall be:
26        (1) Sufficient to assure compliance with the



SB2034 Enrolled- 11 -LRB100 08699 RLC 18835 b

1    conditions set forth in the bail bond, which shall include
2    the defendant's current address with a written
3    admonishment to the defendant that he or she must comply
4    with the provisions of Section 110-12 regarding any change
5    in his or her address. The defendant's address shall at all
6    times remain a matter of public record with the clerk of
7    the court.
8        (2) Not oppressive.
9        (3) Considerate of the financial ability of the
10    accused.
11        (4) When a person is charged with a drug related
12    offense involving possession or delivery of cannabis or
13    possession or delivery of a controlled substance as defined
14    in the Cannabis Control Act, the Illinois Controlled
15    Substances Act, or the Methamphetamine Control and
16    Community Protection Act, the full street value of the
17    drugs seized shall be considered. "Street value" shall be
18    determined by the court on the basis of a proffer by the
19    State based upon reliable information of a law enforcement
20    official contained in a written report as to the amount
21    seized and such proffer may be used by the court as to the
22    current street value of the smallest unit of the drug
23    seized.
24    (b-5) Upon the filing of a written request demonstrating
25reasonable cause, the State's Attorney may request a source of
26bail hearing either before or after the posting of any funds.



SB2034 Enrolled- 12 -LRB100 08699 RLC 18835 b

1If the hearing is granted, before the posting of any bail, the
2accused must file a written notice requesting that the court
3conduct a source of bail hearing. The notice must be
4accompanied by justifying affidavits stating the legitimate
5and lawful source of funds for bail. At the hearing, the court
6shall inquire into any matters stated in any justifying
7affidavits, and may also inquire into matters appropriate to
8the determination which shall include, but are not limited to,
9the following:
10        (1) the background, character, reputation, and
11    relationship to the accused of any surety; and
12        (2) the source of any money or property deposited by
13    any surety, and whether any such money or property
14    constitutes the fruits of criminal or unlawful conduct; and
15        (3) the source of any money posted as cash bail, and
16    whether any such money constitutes the fruits of criminal
17    or unlawful conduct; and
18        (4) the background, character, reputation, and
19    relationship to the accused of the person posting cash
20    bail.
21    Upon setting the hearing, the court shall examine, under
22oath, any persons who may possess material information.
23    The State's Attorney has a right to attend the hearing, to
24call witnesses and to examine any witness in the proceeding.
25The court shall, upon request of the State's Attorney, continue
26the proceedings for a reasonable period to allow the State's



SB2034 Enrolled- 13 -LRB100 08699 RLC 18835 b

1Attorney to investigate the matter raised in any testimony or
2affidavit. If the hearing is granted after the accused has
3posted bail, the court shall conduct a hearing consistent with
4this subsection (b-5). At the conclusion of the hearing, the
5court must issue an order either approving of disapproving the
7    (c) When a person is charged with an offense punishable by
8fine only the amount of the bail shall not exceed double the
9amount of the maximum penalty.
10    (d) When a person has been convicted of an offense and only
11a fine has been imposed the amount of the bail shall not exceed
12double the amount of the fine.
13    (e) The State may appeal any order granting bail or setting
14a given amount for bail.
15    (f) When a person is charged with a violation of an order
16of protection under Section 12-3.4 or 12-30 of the Criminal
17Code of 1961 or the Criminal Code of 2012 or when a person is
18charged with domestic battery, aggravated domestic battery,
19kidnapping, aggravated kidnaping, unlawful restraint,
20aggravated unlawful restraint, stalking, aggravated stalking,
21cyberstalking, harassment by telephone, harassment through
22electronic communications, or an attempt to commit first degree
23murder committed against an intimate partner regardless
24whether an order of protection has been issued against the
26        (1) whether the alleged incident involved harassment



SB2034 Enrolled- 14 -LRB100 08699 RLC 18835 b

1    or abuse, as defined in the Illinois Domestic Violence Act
2    of 1986;
3        (2) whether the person has a history of domestic
4    violence, as defined in the Illinois Domestic Violence Act,
5    or a history of other criminal acts;
6        (3) based on the mental health of the person;
7        (4) whether the person has a history of violating the
8    orders of any court or governmental entity;
9        (5) whether the person has been, or is, potentially a
10    threat to any other person;
11        (6) whether the person has access to deadly weapons or
12    a history of using deadly weapons;
13        (7) whether the person has a history of abusing alcohol
14    or any controlled substance;
15        (8) based on the severity of the alleged incident that
16    is the basis of the alleged offense, including, but not
17    limited to, the duration of the current incident, and
18    whether the alleged incident involved the use of a weapon,
19    physical injury, sexual assault, strangulation, abuse
20    during the alleged victim's pregnancy, abuse of pets, or
21    forcible entry to gain access to the alleged victim;
22        (9) whether a separation of the person from the alleged
23    victim or a termination of the relationship between the
24    person and the alleged victim has recently occurred or is
25    pending;
26        (10) whether the person has exhibited obsessive or



SB2034 Enrolled- 15 -LRB100 08699 RLC 18835 b

1    controlling behaviors toward the alleged victim,
2    including, but not limited to, stalking, surveillance, or
3    isolation of the alleged victim or victim's family member
4    or members;
5        (11) whether the person has expressed suicidal or
6    homicidal ideations;
7        (12) based on any information contained in the
8    complaint and any police reports, affidavits, or other
9    documents accompanying the complaint,
10the court may, in its discretion, order the respondent to
11undergo a risk assessment evaluation using a recognized,
12evidence-based instrument conducted by an Illinois Department
13of Human Services approved partner abuse intervention program
14provider, pretrial service, probation, or parole agency. These
15agencies shall have access to summaries of the defendant's
16criminal history, which shall not include victim interviews or
17information, for the risk evaluation. Based on the information
18collected from the 12 points to be considered at a bail hearing
19under this subsection (f), the results of any risk evaluation
20conducted and the other circumstances of the violation, the
21court may order that the person, as a condition of bail, be
22placed under electronic surveillance as provided in Section
235-8A-7 of the Unified Code of Corrections. Upon making a
24determination whether or not to order the respondent to undergo
25a risk assessment evaluation or to be placed under electronic
26surveillance and risk assessment, the court shall document in



SB2034 Enrolled- 16 -LRB100 08699 RLC 18835 b

1the record the court's reasons for making those determinations.
2The cost of the electronic surveillance and risk assessment
3shall be paid by, or on behalf, of the defendant. As used in
4this subsection (f), "intimate partner" means a spouse or a
5current or former partner in a cohabitation or dating
7(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15;
899-143, eff. 7-27-15.)
9    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
10    Sec. 110-6. Modification of bail or conditions.
11    (a) Upon verified application by the State or the defendant
12or on its own motion the court before which the proceeding is
13pending may increase or reduce the amount of bail or may alter
14the conditions of the bail bond or grant bail where it has been
15previously revoked or denied. If bail has been previously
16revoked pursuant to subsection (f) of this Section or if bail
17has been denied to the defendant pursuant to subsection (e) of
18Section 110-6.1 or subsection (e) of Section 110-6.3, the
19defendant shall be required to present a verified application
20setting forth in detail any new facts not known or obtainable
21at the time of the previous revocation or denial of bail
22proceedings. If the court grants bail where it has been
23previously revoked or denied, the court shall state on the
24record of the proceedings the findings of facts and conclusion
25of law upon which such order is based.



SB2034 Enrolled- 17 -LRB100 08699 RLC 18835 b

1    (a-5) In addition to any other available motion or
2procedure under this Code, a person in custody for a Category B
3offense due to an inability to post monetary bail shall be
4brought before the court at the next available court date or 7
5calendar days from the date bail was set, whichever is earlier,
6for a rehearing on the amount or conditions of bail or release
7pending further court proceedings. The court may reconsider
8conditions of release for any other person whose inability to
9post monetary bail is the sole reason for continued
10incarceration, including a person in custody for a Category A
12    (b) Violation of the conditions of Section 110-10 of this
13Code or any special conditions of bail as ordered by the court
14shall constitute grounds for the court to increase the amount
15of bail, or otherwise alter the conditions of bail, or, where
16the alleged offense committed on bail is a forcible felony in
17Illinois or a Class 2 or greater offense under the Illinois
18Controlled Substances Act, the Cannabis Control Act, or the
19Methamphetamine Control and Community Protection Act, revoke
20bail pursuant to the appropriate provisions of subsection (e)
21of this Section.
22    (c) Reasonable notice of such application by the defendant
23shall be given to the State.
24    (d) Reasonable notice of such application by the State
25shall be given to the defendant, except as provided in
26subsection (e).



SB2034 Enrolled- 18 -LRB100 08699 RLC 18835 b

1    (e) Upon verified application by the State stating facts or
2circumstances constituting a violation or a threatened
3violation of any of the conditions of the bail bond the court
4may issue a warrant commanding any peace officer to bring the
5defendant without unnecessary delay before the court for a
6hearing on the matters set forth in the application. If the
7actual court before which the proceeding is pending is absent
8or otherwise unavailable another court may issue a warrant
9pursuant to this Section. When the defendant is charged with a
10felony offense and while free on bail is charged with a
11subsequent felony offense and is the subject of a proceeding
12set forth in Section 109-1 or 109-3 of this Code, upon the
13filing of a verified petition by the State alleging a violation
14of Section 110-10 (a) (4) of this Code, the court shall without
15prior notice to the defendant, grant leave to file such
16application and shall order the transfer of the defendant and
17the application without unnecessary delay to the court before
18which the previous felony matter is pending for a hearing as
19provided in subsection (b) or this subsection of this Section.
20The defendant shall be held without bond pending transfer to
21and a hearing before such court. At the conclusion of the
22hearing based on a violation of the conditions of Section
23110-10 of this Code or any special conditions of bail as
24ordered by the court the court may enter an order increasing
25the amount of bail or alter the conditions of bail as deemed



SB2034 Enrolled- 19 -LRB100 08699 RLC 18835 b

1    (f) Where the alleged violation consists of the violation
2of one or more felony statutes of any jurisdiction which would
3be a forcible felony in Illinois or a Class 2 or greater
4offense under the Illinois Controlled Substances Act, the
5Cannabis Control Act, or the Methamphetamine Control and
6Community Protection Act and the defendant is on bail for the
7alleged commission of a felony, or where the defendant is on
8bail for a felony domestic battery (enhanced pursuant to
9subsection (b) of Section 12-3.2 of the Criminal Code of 1961
10or the Criminal Code of 2012), aggravated domestic battery,
11aggravated battery, unlawful restraint, aggravated unlawful
12restraint or domestic battery in violation of item (1) of
13subsection (a) of Section 12-3.2 of the Criminal Code of 1961
14or the Criminal Code of 2012 against a family or household
15member as defined in Section 112A-3 of this Code and the
16violation is an offense of domestic battery against the same
17victim the court shall, on the motion of the State or its own
18motion, revoke bail in accordance with the following
20        (1) The court shall hold the defendant without bail
21    pending the hearing on the alleged breach; however, if the
22    defendant is not admitted to bail the hearing shall be
23    commenced within 10 days from the date the defendant is
24    taken into custody or the defendant may not be held any
25    longer without bail, unless delay is occasioned by the
26    defendant. Where defendant occasions the delay, the



SB2034 Enrolled- 20 -LRB100 08699 RLC 18835 b

1    running of the 10 day period is temporarily suspended and
2    resumes at the termination of the period of delay. Where
3    defendant occasions the delay with 5 or fewer days
4    remaining in the 10 day period, the court may grant a
5    period of up to 5 additional days to the State for good
6    cause shown. The State, however, shall retain the right to
7    proceed to hearing on the alleged violation at any time,
8    upon reasonable notice to the defendant and the court.
9        (2) At a hearing on the alleged violation the State has
10    the burden of going forward and proving the violation by
11    clear and convincing evidence. The evidence shall be
12    presented in open court with the opportunity to testify, to
13    present witnesses in his behalf, and to cross-examine
14    witnesses if any are called by the State, and
15    representation by counsel and if the defendant is indigent
16    to have counsel appointed for him. The rules of evidence
17    applicable in criminal trials in this State shall not
18    govern the admissibility of evidence at such hearing.
19    Information used by the court in its findings or stated in
20    or offered in connection with hearings for increase or
21    revocation of bail may be by way of proffer based upon
22    reliable information offered by the State or defendant. All
23    evidence shall be admissible if it is relevant and reliable
24    regardless of whether it would be admissible under the
25    rules of evidence applicable at criminal trials. A motion
26    by the defendant to suppress evidence or to suppress a



SB2034 Enrolled- 21 -LRB100 08699 RLC 18835 b

1    confession shall not be entertained at such a hearing.
2    Evidence that proof may have been obtained as a result of
3    an unlawful search and seizure or through improper
4    interrogation is not relevant to this hearing.
5        (3) Upon a finding by the court that the State has
6    established by clear and convincing evidence that the
7    defendant has committed a forcible felony or a Class 2 or
8    greater offense under the Illinois Controlled Substances
9    Act, the Cannabis Control Act, or the Methamphetamine
10    Control and Community Protection Act while admitted to
11    bail, or where the defendant is on bail for a felony
12    domestic battery (enhanced pursuant to subsection (b) of
13    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
14    Code of 2012), aggravated domestic battery, aggravated
15    battery, unlawful restraint, aggravated unlawful restraint
16    or domestic battery in violation of item (1) of subsection
17    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 against a family or household member
19    as defined in Section 112A-3 of this Code and the violation
20    is an offense of domestic battery, against the same victim,
21    the court shall revoke the bail of the defendant and hold
22    the defendant for trial without bail. Neither the finding
23    of the court nor any transcript or other record of the
24    hearing shall be admissible in the State's case in chief,
25    but shall be admissible for impeachment, or as provided in
26    Section 115-10.1 of this Code or in a perjury proceeding.



SB2034 Enrolled- 22 -LRB100 08699 RLC 18835 b

1        (4) If the bail of any defendant is revoked pursuant to
2    paragraph (f) (3) of this Section, the defendant may demand
3    and shall be entitled to be brought to trial on the offense
4    with respect to which he was formerly released on bail
5    within 90 days after the date on which his bail was
6    revoked. If the defendant is not brought to trial within
7    the 90 day period required by the preceding sentence, he
8    shall not be held longer without bail. In computing the 90
9    day period, the court shall omit any period of delay
10    resulting from a continuance granted at the request of the
11    defendant.
12        (5) If the defendant either is arrested on a warrant
13    issued pursuant to this Code or is arrested for an
14    unrelated offense and it is subsequently discovered that
15    the defendant is a subject of another warrant or warrants
16    issued pursuant to this Code, the defendant shall be
17    transferred promptly to the court which issued such
18    warrant. If, however, the defendant appears initially
19    before a court other than the court which issued such
20    warrant, the non-issuing court shall not alter the amount
21    of bail heretofore set on such warrant unless the court
22    sets forth on the record of proceedings the conclusions of
23    law and facts which are the basis for such altering of
24    another court's bond. The non-issuing court shall not alter
25    another courts bail set on a warrant unless the interests
26    of justice and public safety are served by such action.



SB2034 Enrolled- 23 -LRB100 08699 RLC 18835 b

1    (g) The State may appeal any order where the court has
2increased or reduced the amount of bail or altered the
3conditions of the bail bond or granted bail where it has
4previously been revoked.
5(Source: P.A. 97-1150, eff. 1-25-13.)
6    (725 ILCS 5/110-6.4 new)
7    Sec. 110-6.4. Statewide risk assessment tool.
8    The Supreme Court may establish a statewide
9risk-assessment tool to be used in proceedings to assist the
10court in establishing bail for a defendant by assessing the
11defendant's likelihood of appearing at future court
12proceedings or determining if the defendant poses a real and
13present threat to the physical safety of any person or persons.
14The Supreme Court shall consider establishing a
15risk-assessment tool that does not discriminate on the basis of
16race, gender, educational level, socio-economic status, or
17neighborhood. If a risk assessment tool is utilized within a
18circuit that does not require a personal interview to be
19completed, the Chief Judge of the circuit or the Director of
20the Pre-trial Services Agency may exempt the requirement under
21Section 9 and subsection (a) of Section 7 of the Pretrial
22Services Act.
23    For the purpose of this Section, "risk assessment tool"
24means an empirically validated, evidence-based screening
25instrument that demonstrates reduced instances of a



SB2034 Enrolled- 24 -LRB100 08699 RLC 18835 b

1defendant's failure to appear for further court proceedings or
2prevents future criminal activity.
3    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
4    Sec. 110-14. Credit for incarceration on bailable offense;
5credit against monetary bail for certain offenses
6Incarceration on Bailable Offense.
7    (a) Any person incarcerated on a bailable offense who does
8not supply bail and against whom a fine is levied on conviction
9of the such offense shall be allowed a credit of $5 for each
10day so incarcerated upon application of the defendant. However,
11in no case shall the amount so allowed or credited exceed the
12amount of the fine.
13    (b) Subsection (a) does not apply to a person incarcerated
14for sexual assault as defined in paragraph (1) of subsection
15(a) of Section 5-9-1.7 of the Unified Code of Corrections.
16    (c) A person subject to bail on a Category B offense shall
17have $30 deducted from his or her monetary bail every day the
18person is incarcerated.
19(Source: P.A. 93-699, eff. 1-1-05.)

21    Section 5-5. The Criminal Code of 2012 is amended by
22changing Section 12-9 as follows:



SB2034 Enrolled- 25 -LRB100 08699 RLC 18835 b

1    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
2    Sec. 12-9. Threatening public officials; human service
4    (a) A person commits threatening a public official or human
5service provider when:
6        (1) that person knowingly delivers or conveys,
7    directly or indirectly, to a public official or human
8    service provider by any means a communication:
9            (i) containing a threat that would place the public
10        official or human service provider or a member of his
11        or her immediate family in reasonable apprehension of
12        immediate or future bodily harm, sexual assault,
13        confinement, or restraint; or
14            (ii) containing a threat that would place the
15        public official or human service provider or a member
16        of his or her immediate family in reasonable
17        apprehension that damage will occur to property in the
18        custody, care, or control of the public official or his
19        or her immediate family; and
20        (2) the threat was conveyed because of the performance
21    or nonperformance of some public duty or duty as a human
22    service provider, because of hostility of the person making
23    the threat toward the status or position of the public
24    official or the human service provider, or because of any
25    other factor related to the official's public existence.
26    (a-5) For purposes of a threat to a sworn law enforcement



SB2034 Enrolled- 26 -LRB100 08699 RLC 18835 b

1officer, the threat must contain specific facts indicative of a
2unique threat to the person, family or property of the officer
3and not a generalized threat of harm.
4    (a-6) For purposes of a threat to a social worker,
5caseworker, investigator, or human service provider, the
6threat must contain specific facts indicative of a unique
7threat to the person, family or property of the individual and
8not a generalized threat of harm.
9    (b) For purposes of this Section:
10        (1) "Public official" means a person who is elected to
11    office in accordance with a statute or who is appointed to
12    an office which is established, and the qualifications and
13    duties of which are prescribed, by statute, to discharge a
14    public duty for the State or any of its political
15    subdivisions or in the case of an elective office any
16    person who has filed the required documents for nomination
17    or election to such office. "Public official" includes a
18    duly appointed assistant State's Attorney, assistant
19    Attorney General, or Appellate Prosecutor; a sworn law
20    enforcement or peace officer; a social worker, caseworker,
21    attorney, or investigator employed by the Department of
22    Healthcare and Family Services, the Department of Human
23    Services, or the Department of Children and Family
24    Services, or the Guardianship and Advocacy Commission; or
25    an assistant public guardian, attorney, social worker,
26    case manager, or investigator employed by a duly appointed



SB2034 Enrolled- 27 -LRB100 08699 RLC 18835 b

1    public guardian.
2        (1.5) "Human service provider" means a social worker,
3    case worker, or investigator employed by an agency or
4    organization providing social work, case work, or
5    investigative services under a contract with or a grant
6    from the Department of Human Services, the Department of
7    Children and Family Services, the Department of Healthcare
8    and Family Services, or the Department on Aging.
9        (2) "Immediate family" means a public official's
10    spouse or child or children.
11    (c) Threatening a public official or human service provider
12is a Class 3 felony for a first offense and a Class 2 felony for
13a second or subsequent offense.
14(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)

16    Section 99-99. Effective date. This Section and Section 1-5
17take effect upon becoming law.