(725 ILCS 5/110-5.1)
(Section scheduled to be repealed on January 1, 2023)
Bail; certain persons charged with violent crimes against family or household members.
(a) Subject to subsection (c), a person who is charged with a violent crime shall appear before the court for the setting of bail if the alleged victim was a family or household member at the time of the alleged offense, and if any of the following applies:
(1) the person charged, at the time of the alleged
offense, was subject to the terms of an order of protection issued under Section 112A-14 of this Code or Section 214 of the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;
(2) the arresting officer indicates in a police
report or other document accompanying the complaint any of the following:
(A) that the arresting officer observed on the
alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
(B) that the arresting officer reasonably
believes that the person had on the person's person at the time of the alleged offense a deadly weapon;
(C) that the arresting officer reasonably
believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
(b) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before setting bail for a person who appears before the court pursuant to subsection (a):
(1) whether the person has a history of domestic
violence or a history of other violent acts;
(2) the mental health of the person;
(3) whether the person has a history of violating the
orders of any court or governmental entity;
(4) whether the person is potentially a threat to any
(5) whether the person has access to deadly weapons
or a history of using deadly weapons;
(6) whether the person has a history of abusing
alcohol or any controlled substance;
(7) the severity of the alleged violence that is the
basis of the alleged offense, including, but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(8) whether a separation of the person from the
alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
(9) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim;
(10) whether the person has expressed suicidal or
(11) any information contained in the complaint and
any police reports, affidavits, or other documents accompanying the complaint.
(c) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by subsection (a) to appear by video conferencing equipment. If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by subsection (a) is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the
amount of the bond in cash;
(2) a surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at the option of the person.
Subsection (a) does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime who is not described in subsection (a) from appearing before the court for the setting of bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
Section 3 of the Rights of Crime Victims and Witnesses Act.
(2) "Family or household member" has the meaning
ascribed to it in Section 112A-3 of this Code.
(e) This Section is repealed on January 1, 2023.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21.)