State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Senate Amendment 001 ]


92_HB3314eng

 
HB3314 Engrossed                               LRB9206112RCcd

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The Intergovernmental Missing Child Recovery
 5    Act of 1984 is amended by changing Section 6 as follows:

 6        (325 ILCS 40/6) (from Ch. 23, par. 2256)
 7        Sec. 6.  The Department shall:
 8        (a)  Establish and maintain a statewide  Law  Enforcement
 9    Agencies  Data System (LEADS) for the purpose of effecting an
10    immediate law enforcement  response  to  reports  of  missing
11    children.   The  Department shall implement an automated data
12    exchange system to compile, to maintain and to make available
13    for  dissemination   to   Illinois   and   out-of-State   law
14    enforcement  agencies,  data  which  can  assist  appropriate
15    agencies in recovering missing children.
16        (b)  Establish    contacts   and   exchange   information
17    regarding lost, missing or runaway children  with  nationally
18    recognized "missing person and runaway" service organizations
19    and   monitor   national  research  and  publicize  important
20    developments.
21        (c)  Provide a uniform reporting format for the entry  of
22    pertinent  information  regarding reports of missing children
23    into LEADS.
24        (d)  Develop and implement a policy whereby  a  statewide
25    or regional alert would be used in situations relating to the
26    disappearances of children, based on criteria and in a format
27    established  by the Department.  Such a format shall include,
28    but not be limited to, the age and  physical  description  of
29    the  missing  child  and  the  suspected circumstances of the
30    disappearance.
31        (e)  Notify all law enforcement agencies that reports  of
 
HB3314 Engrossed            -2-                LRB9206112RCcd
 1    missing persons shall be entered as soon as the minimum level
 2    of  data  specified  by  the  Department  is available to the
 3    reporting agency and that no waiting period for entry of such
 4    data exists.
 5        (f)  Provide a procedure for prompt confirmation  of  the
 6    receipt  and  entry of the missing child report into LEADS to
 7    the parent or guardian of the missing child.
 8        (g)  Compile and  retain  information  regarding  missing
 9    children  in  a  separate  data file, in a manner that allows
10    such information to be used  by  law  enforcement  and  other
11    agencies    deemed   appropriate   by   the   Director,   for
12    investigative purposes.   Such  files  shall  be  updated  to
13    reflect  and  include information relating to the disposition
14    of the case.
15        (h)  Compile and maintain  an  historic  data  repository
16    relating  to  missing  children  in  order (1) to develop and
17    improve techniques utilized by law enforcement agencies  when
18    responding  to reports of missing children and (2) to provide
19    a factual  and  statistical  base  for  research  that  would
20    address the problem of missing children.
21        (i)  Create   a   quality   control  program  to  monitor
22    timeliness of entries of missing children reports into  LEADS
23    and conduct performance audits of all entering agencies.
24        (j)  Prepare  a  periodic information bulletin concerning
25    missing children who it determines may  be  present  in  this
26    State,  compiling such bulletin from information contained in
27    both the National Crime Information Center computer and  from
28    reports,  alerts and other information entered into  LEADS or
29    otherwise compiled and retained by the Department pursuant to
30    this Act. The bulletin shall indicate the name, age, physical
31    description, suspected circumstances of disappearance if that
32    information is available, a photograph if one  is  available,
33    the  name  of  the  law  enforcement agency investigating the
34    case, and such other information as  the  Director  considers
 
HB3314 Engrossed            -3-                LRB9206112RCcd
 1    appropriate  concerning each missing child who the Department
 2    determines may be present  in  this  State.   The  Department
 3    shall  send  a  copy of each periodic information bulletin to
 4    the State Board of Education for its use in  accordance  with
 5    Section  2-3.48  of  the  School  Code.  The Department shall
 6    provide  a  copy  of  the  bulletin,  upon  request,  to  law
 7    enforcement agencies of this or any other  state  or  of  the
 8    federal  government,  and may provide a copy of the bulletin,
 9    upon  request,  to  other  persons  or  entities,  if  deemed
10    appropriate by the Director, and may establish limitations on
11    its use and a reasonable  fee  for  so  providing  the  same,
12    except  that  no  fee  shall  be  charged  for  providing the
13    periodic  information  bulletin  to  the   State   Board   of
14    Education,  appropriate  units  of  local  government,  State
15    agencies,  or  law  enforcement agencies of this or any other
16    state or of the federal government.
17        (k)  Provide for the entry into LEADS of  the  names  and
18    addresses  of  sex  offenders  as defined in the Sex Offender
19    Registration Act who are required to register under that Act.
20    The  information  shall  be  immediately  accessible  to  law
21    enforcement agencies and peace officers of this State or  any
22    other state or of the federal government. Similar information
23    may  be  requested  from  any  other  state or of the federal
24    government for purposes of this Act.
25        (l) Provide for the entry into  LEADS  of  the  name  and
26    address  of  each person who has been charged with a criminal
27    offense in which the victim of the offense  is  a  family  or
28    household  member  as  defined in Article 112A of the Code of
29    Criminal Procedure of 1963 and who has been released on  bond
30    in  which  the  condition  of  the bond is that the defendant
31    refrain from contact or communication with the victim  for  a
32    minimum period of  72 hours following the defendant's release
33    and  refrain  from  entering  or  remaining  at  the victim's
34    residence for a minimum period  of  72  hours  following  the
 
HB3314 Engrossed            -4-                LRB9206112RCcd
 1    defendant's  release  or  any  other  conditions  restricting
 2    contact with the victim as the court imposes. The information
 3    must  remain  in  LEADS  until  the  court  that  imposed the
 4    conditions of bond otherwise orders.  The information must be
 5    immediately accessible to law enforcement agencies and  peace
 6    officers  of  this State or any other state or of the federal
 7    government.  Similar information may be  requested  from  any
 8    other  state  or  the  federal government for the purposes of
 9    this Act.
10    (Source: P.A. 88-76; 89-8, eff. 1-1-96.)

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

13        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
14        Sec. 110-10.  Conditions of bail bond.
15        (a)  If  a person is released prior to conviction, either
16    upon  payment  of  bail  security  or  on  his  or  her   own
17    recognizance,  the  conditions of the bail bond shall be that
18    he or she will:
19             (1)  Appear to answer the charge in the court having
20        jurisdiction on a day certain and thereafter  as  ordered
21        by  the  court  until  discharged  or  final order of the
22        court;
23             (2)  Submit himself or herself  to  the  orders  and
24        process of the court;
25             (3)  Not  depart  this  State  without  leave of the
26        court;
27             (4)  Not  violate  any  criminal  statute   of   any
28        jurisdiction;
29             (5)  At  a  time  and place designated by the court,
30        surrender all firearms in his or her possession to a  law
31        enforcement  officer  designated  by  the  court  to take
32        custody of and impound the firearms when the offense  the
 
HB3314 Engrossed            -5-                LRB9206112RCcd
 1        person  has  been  charged  with  is  a  forcible felony,
 2        stalking,  aggravated  stalking,  domestic  battery,  any
 3        violation of either the  Illinois  Controlled  Substances
 4        Act  or  the Cannabis Control Act that is classified as a
 5        Class 2 or greater felony, or  any  felony  violation  of
 6        Article  24  of the Criminal Code of 1961; the court may,
 7        however, forgo the imposition of this condition when  the
 8        circumstances  of  the  case clearly do not warrant it or
 9        when its imposition would  be  impractical;  all  legally
10        possessed  firearms  shall be returned to the person upon
11        that person completing a sentence for a conviction  on  a
12        misdemeanor  domestic  battery,  upon  the  charges being
13        dismissed, or if the person is found not  guilty,  unless
14        the finding of not guilty is by reason of insanity; and
15             (6)  At  a  time  and place designated by the court,
16        submit to a psychological evaluation when the person  has
17        been  charged  with a violation of item (4) of subsection
18        (a) of Section 24-1 of the Criminal Code of 1961 and that
19        violation occurred in  a  school  or  in  any  conveyance
20        owned,  leased,  or  contracted  by a school to transport
21        students to or from school or a school-related  activity,
22        or  on  any public way within 1,000 feet of real property
23        comprising any school.
24        Psychological  evaluations  ordered  pursuant   to   this
25    Section shall be completed promptly and made available to the
26    State,  the defendant, and the court.  As a further condition
27    of bail under these circumstances, the court shall order  the
28    defendant  to  refrain from entering upon the property of the
29    school, including any conveyance owned, leased, or contracted
30    by a school to transport students to  or  from  school  or  a
31    school-related  activity,  or  on any public way within 1,000
32    feet of real property comprising any school.  Upon receipt of
33    the  psychological  evaluation,  either  the  State  or   the
34    defendant  may  request  a  change in the conditions of bail,
 
HB3314 Engrossed            -6-                LRB9206112RCcd
 1    pursuant to Section 110-6 of this Code.  The court may change
 2    the conditions of bail to  include  a  requirement  that  the
 3    defendant  follow  the  recommendations  of the psychological
 4    evaluation, including undergoing psychiatric treatment.   The
 5    conclusions   of   the   psychological   evaluation  and  any
 6    statements   elicited   from   the   defendant   during   its
 7    administration are not admissible as evidence of guilt during
 8    the course of any trial on the charged  offense,  unless  the
 9    defendant places his or her mental competency in issue.
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
 
HB3314 Engrossed            -7-                LRB9206112RCcd
 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;
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   for   each  day  of  such  bail
27        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;
 
HB3314 Engrossed            -8-                LRB9206112RCcd
 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  or  an  order  of
23        protection  issued  by the court of another state, tribe,
24        or United States territory;
25             (16)  Under  Section   110-6.5   comply   with   the
26        conditions of the drug testing program; and
27             (17)  Such  other reasonable conditions as the court
28        may impose.
29        (c)  When a person  is  charged  with  an  offense  under
30    Section   12-13,  12-14,  12-14.1,  12-15  or  12-16  of  the
31    "Criminal Code of 1961", involving a victim who  is  a  minor
32    under  18  years of age living in the same household with the
33    defendant at the time of the offense,  in  granting  bail  or
34    releasing  the  defendant  on his own recognizance, the judge
 
HB3314 Engrossed            -9-                LRB9206112RCcd
 1    shall impose conditions to restrict the defendant's access to
 2    the  victim  which  may  include,  but  are  not  limited  to
 3    conditions that he will:
 4             1.  Vacate the Household.
 5             2.  Make  payment  of  temporary  support   to   his
 6        dependents.
 7             3.  Refrain  from  contact or communication with the
 8        child victim, except as ordered by the court.
 9        (d)  When a person is charged with a criminal offense and
10    the victim is a family or  household  member  as  defined  in
11    Article  112A, conditions shall be imposed at the time of the
12    defendant's release on bond  that  restrict  the  defendant's
13    access to the victim. Unless provided otherwise by the court,
14    the   restrictions   shall   include  requirements  that  the
15    defendant do the following:
16             (1)  refrain from contact or communication with  the
17        victim  for  a  minimum  period of 72 hours following the
18        defendant's release; and
19             (2)  refrain  from  entering  or  remaining  at  the
20        victim's residence for  a  minimum  period  of  72  hours
21        following the defendant's release.
22        (d-5)  When  a  person is charged with a criminal offense
23    and released on bond and the  victim  of  the  offense  is  a
24    family  or  household  member as defined in Article 112A, the
25    clerk of the circuit  court  of  the  circuit  in  which  the
26    defendant is charged must transmit as soon as possible to the
27    Department  of  State  Police  information  about the offense
28    charged and the  conditions  of  the  bond  as  specified  in
29    subsection  (d).   The  Department of State Police must enter
30    the information into the Law Enforcement Agencies Data System
31    (LEADS) as provided in Section  6  of  the  Intergovernmental
32    Missing Child Recovery Act of 1984.
33        (e)  Local   law   enforcement   agencies  shall  develop
34    standardized bond forms for use in cases involving family  or
 
HB3314 Engrossed            -10-               LRB9206112RCcd
 1    household  members  as  defined  in  Article  112A, including
 2    specific conditions of bond as provided  in  subsection  (d).
 3    Failure  of  any law enforcement department to develop or use
 4    those forms shall in  no  way  limit  the  applicability  and
 5    enforcement of subsections (d) and (f).
 6        (f)  If   the   defendant   is  admitted  to  bail  after
 7    conviction the conditions of the bail bond shall be  that  he
 8    will,  in addition to the conditions set forth in subsections
 9    (a) and (b) hereof:
10             (1)  Duly prosecute his appeal;
11             (2)  Appear at such time and place as the court  may
12        direct;
13             (3)  Not  depart  this  State  without  leave of the
14        court;
15             (4)  Comply with such other reasonable conditions as
16        the court may impose; and,
17             (5)  If  the  judgment  is  affirmed  or  the  cause
18        reversed  and  remanded  for  a  new   trial,   forthwith
19        surrender  to  the  officer  from  whose  custody  he was
20        bailed.
21    (Source: P.A.  90-399,  eff.  1-1-98;  91-11,  eff.   6-4-99;
22    91-312,  eff.  1-1-00;  91-696,  eff.  4-13-00;  91-903, eff.
23    1-1-01.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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