State of Illinois
91st General Assembly
Legislation

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91_HB1570enr

 
HB1570 Enrolled                                LRB9103070RCks

 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 110-10.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Code  of Criminal Procedure of 1963 is
 6    amended by changing Section 110-10 as follows:

 7        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
 8        Sec. 110-10.  Conditions of bail bond.
 9        (a)  If a person is released prior to conviction,  either
10    upon   payment  of  bail  security  or  on  his  or  her  own
11    recognizance, the conditions of the bail bond shall  be  that
12    he or she will:
13             (1)  Appear to answer the charge in the court having
14        jurisdiction  on  a day certain and thereafter as ordered
15        by the court until  discharged  or  final  order  of  the
16        court;
17             (2)  Submit  himself  or  herself  to the orders and
18        process of the court;
19             (3)  Not depart this  State  without  leave  of  the
20        court;
21             (4)  Not   violate   any  criminal  statute  of  any
22        jurisdiction; and
23             (5)  At a time and place designated  by  the  court,
24        surrender  all firearms in his or her possession to a law
25        enforcement officer  designated  by  the  court  to  take
26        custody  of and impound the firearms when the offense the
27        person has  been  charged  with  is  a  forcible  felony,
28        stalking,  aggravated  stalking,  domestic  battery,  any
29        violation  of  either  the Illinois Controlled Substances
30        Act or the Cannabis Control Act that is classified  as  a
31        Class  2  or  greater  felony, or any felony violation of
 
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 1        Article 24 of the Criminal Code of 1961. The  court  may,
 2        however, forego the imposition of this condition when the
 3        circumstances  of  the  case clearly do not warrant it or
 4        when its imposition would be impractical.    All  legally
 5        possessed  firearms  shall be returned to the person upon
 6        that person completing a sentence for a conviction  on  a
 7        misdemeanor  domestic  battery,  upon  the  charges being
 8        dismissed, or if the person is found not  guilty,  unless
 9        the finding of not guilty is by reason of insanity.
10        (b)  The  court  may impose other conditions, such as the
11    following, if  the  court  finds  that  such  conditions  are
12    reasonably  necessary to assure the defendant's appearance in
13    court, protect the public from the defendant, or prevent  the
14    defendant's    unlawful   interference   with   the   orderly
15    administration of justice:
16             (1)  Report to  or  appear  in  person  before  such
17        person or agency as the court may direct;
18             (2)  Refrain  from  possessing  a  firearm  or other
19        dangerous weapon;
20             (3)  Refrain from approaching or communicating  with
21        particular persons or classes of persons;
22             (4)  Refrain   from   going   to  certain  described
23        geographical areas or premises;
24             (5)  Refrain from engaging in certain activities  or
25        indulging in intoxicating liquors or in certain drugs;
26             (6)  Undergo   treatment   for   drug  addiction  or
27        alcoholism;
28             (7)  Undergo medical or psychiatric treatment;
29             (8)  Work or pursue a course of study or  vocational
30        training;
31             (9)  Attend  or  reside  in a facility designated by
32        the court;
33             (10)  Support his or her dependents;
34             (11)  If a minor resides with his or her parents  or
 
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 1        in a foster home, attend school, attend a non-residential
 2        program  for  youths,  and  contribute  to his or her own
 3        support at home or in a foster home;
 4             (12)  Observe any curfew ordered by the court;
 5             (13)  Remain  in  the  custody  of  such  designated
 6        person or organization agreeing to supervise his release.
 7        Such third  party  custodian  shall  be  responsible  for
 8        notifying the court if the defendant fails to observe the
 9        conditions  of  release which the custodian has agreed to
10        monitor, and shall be subject to contempt  of  court  for
11        failure so to notify the court;
12             (14)  Be  placed  under  direct  supervision  of the
13        Pretrial Services Agency, Probation Department  or  Court
14        Services  Department  in a pretrial bond home supervision
15        capacity  with  or  without  the  use  of   an   approved
16        electronic  monitoring  device  subject  to Article 8A of
17        Chapter V of the Unified Code of Corrections; or
18             (14.1)  The court shall impose upon a defendant  who
19        is  charged  with  any  alcohol,  cannabis  or controlled
20        substance  violation   and   is   placed   under   direct
21        supervision  of  the  Pretrial Services Agency, Probation
22        Department or Court Services  Department  in  a  pretrial
23        bond  home  supervision  capacity  with  the  use  of  an
24        approved  monitoring  device, as a condition of such bail
25        bond, a fee  that  represents  costs  incidental  to  the
26        electronic  monitoring  not  to exceed $5 for each day of
27        such bail supervision ordered by the court, unless  after
28        determining  the  inability  of  the defendant to pay the
29        fee, the court assesses a lesser fee or  no  fee  as  the
30        case  may be.  The fee shall be collected by the clerk of
31        the circuit court.  The clerk of the circuit court  shall
32        pay  all  monies  collected  from  this fee to the county
33        treasurer for deposit in  the  substance  abuse  services
34        fund under Section 5-1086.1 of the Counties Code;
 
HB1570 Enrolled             -4-                LRB9103070RCks
 1             (14.2)  The  court shall impose upon all defendants,
 2        including those defendants subject  to  paragraph  (14.1)
 3        above,  placed  under  direct supervision of the Pretrial
 4        Services Agency, Probation Department or  Court  Services
 5        Department  in  a pretrial bond home supervision capacity
 6        with the use of  an  approved  monitoring  device,  as  a
 7        condition  of such bail bond, a fee which shall represent
 8        costs incidental to such electronic monitoring  for  each
 9        day of such bail supervision ordered by the court, unless
10        after  determining  the inability of the defendant to pay
11        the fee, the court assesses a lesser fee or no fee as the
12        case may be.  The fee shall be collected by the clerk  of
13        the  circuit court.  The clerk of the circuit court shall
14        pay all monies collected from  this  fee  to  the  county
15        treasurer  who  shall  use the monies collected to defray
16        the costs of corrections.   The  county  treasurer  shall
17        deposit the fee collected in the county working cash fund
18        under Section 6-27001 or Section  6-29002 of the Counties
19        Code, as the case may be;
20             (15)  Comply  with  the  terms  and conditions of an
21        order  of  protection  issued  by  the  court  under  the
22        Illinois Domestic Violence Act of 1986;
23             (16)  Under  Section   110-6.5   comply   with   the
24        conditions of the drug testing program; and
25             (17)  Such  other reasonable conditions as the court
26        may impose.
27        (c)  When a person  is  charged  with  an  offense  under
28    Section   12-13,  12-14,  12-14.1,  12-15  or  12-16  of  the
29    "Criminal Code of 1961", involving a victim who  is  a  minor
30    under  18  years of age living in the same household with the
31    defendant at the time of the offense,  in  granting  bail  or
32    releasing  the  defendant  on his own recognizance, the judge
33    shall impose conditions to restrict the defendant's access to
34    the  victim  which  may  include,  but  are  not  limited  to
 
HB1570 Enrolled             -5-                LRB9103070RCks
 1    conditions that he will:
 2             1.  Vacate the Household.
 3             2.  Make  payment  of  temporary  support   to   his
 4        dependents.
 5             3.  Refrain  from  contact or communication with the
 6        child victim, except as ordered by the court.
 7        (d)  When a person is charged with a criminal offense and
 8    the victim is a family or  household  member  as  defined  in
 9    Article  112A, conditions shall be imposed at the time of the
10    defendant's release on bond  that  restrict  the  defendant's
11    access to the victim. Unless provided otherwise by the court,
12    the   restrictions   shall   include  requirements  that  the
13    defendant do the following:
14             (1)  refrain from contact or communication with  the
15        victim  for  a  minimum  period of 72 hours following the
16        defendant's release; and
17             (2)  refrain  from  entering  or  remaining  at  the
18        victim's residence for  a  minimum  period  of  72  hours
19        following the defendant's release.
20        (e)  Local   law   enforcement   agencies  shall  develop
21    standardized bond forms for use in cases involving family  or
22    household  members  as  defined  in  Article  112A, including
23    specific conditions of bond as provided  in  subsection  (d).
24    Failure  of  any law enforcement department to develop or use
25    those forms shall in  no  way  limit  the  applicability  and
26    enforcement of subsections (d) and (f).
27        (f)  If   the   defendant   is  admitted  to  bail  after
28    conviction the conditions of the bail bond shall be  that  he
29    will,  in addition to the conditions set forth in subsections
30    (a) and (b) hereof:
31             (1)  Duly prosecute his appeal;
32             (2)  Appear at such time and place as the court  may
33        direct;
34             (3)  Not  depart  this  State  without  leave of the
 
HB1570 Enrolled             -6-                LRB9103070RCks
 1        court;
 2             (4)  Comply with such other reasonable conditions as
 3        the court may impose; and,
 4             (5)  If  the  judgment  is  affirmed  or  the  cause
 5        reversed  and  remanded  for  a  new   trial,   forthwith
 6        surrender  to  the  officer  from  whose  custody  he was
 7        bailed.
 8    (Source: P.A. 89-235, eff.  8-4-95;  89-428,  eff.  12-13-95;
 9    89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)

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