Public Act 93-0254

HB0506 Enrolled                      LRB093 06422 RLC 06545 b

    AN ACT in relation to criminal law.

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

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

    (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (a)  In  determining  the  amount  of  monetary  bail  or
conditions of release, if any, which will  reasonably  assure
the  appearance  of  a defendant as required or the safety of
any other person or  the  community  and  the  likelihood  of
compliance  by the defendant with all the conditions of bail,
the court shall, on the basis of available information,  take
into  account such matters as the nature and circumstances of
the offense charged, whether the evidence shows that as  part
of  the offense there was a use of violence or threatened use
of violence,  whether  the  offense  involved  corruption  of
public  officials  or  employees,  whether there was physical
harm or threats of physical  harm  to  any  public  official,
public  employee, judge, prosecutor, juror or witness, senior
citizen, child or handicapped person, whether evidence  shows
that  during  the  offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or  metal
piercing  ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or  in  furtherance  of  the
criminal activities of an organized gang  or was motivated by
the  defendant's  membership in or allegiance to an organized
gang, the condition of  the  victim,  any  written  statement
submitted  by  the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any,  with
further  contact  with  the  defendant  if  released on bail,
whether the offense was based on  racial,  religious,  sexual
orientation or ethnic hatred, the likelihood of the filing of
a  greater charge, the likelihood of conviction, the sentence
applicable  upon  conviction,  the  weight  of  the  evidence
against such defendant, whether there  exists  motivation  or
ability  to  flee,  whether  there  is any verification as to
prior residence, education,  or  family  ties  in  the  local
jurisdiction,  in  another  county, state or foreign country,
the defendant's employment,  financial  resources,  character
and  mental condition, past conduct, prior use of alias names
or dates of birth, and length of residence in the  community,
the  consent  of  the  defendant  to periodic drug testing in
accordance with Section 110-6.5, whether a  foreign  national
defendant  is  lawfully  admitted  in  the  United  States of
America, whether  the  government  of  the  foreign  national
maintains  an  extradition  treaty  with the United States by
which the foreign government will  extradite  to  the  United
States  its  national  for  a  trial  for  a  crime allegedly
committed in the United  States,  whether  the  defendant  is
currently  subject  to  deportation  or  exclusion  under the
immigration laws of the United States, whether the defendant,
although a United States citizen, is considered under the law
of any foreign  state  a  national  of  that  state  for  the
purposes  of  extradition  or  non-extradition  to the United
States, the amount of unrecovered proceeds lost as  a  result
of  the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality  of
the court's consideration, the loss of funds posted or sought
to  be  posted  for  bail  will  not deter the defendant from
flight, whether the evidence  shows  that  the  defendant  is
engaged  in  significant possession, manufacture, or delivery
of a controlled substance or cannabis, either individually or
in consort with others, whether at the time  of  the  offense
charged  he  was  on bond or pre-trial release pending trial,
probation, periodic  imprisonment  or  conditional  discharge
pursuant  to  this  Code  or the comparable Code of any other
state or federal jurisdiction, whether the  defendant  is  on
bond or pre-trial release pending the imposition or execution
of  sentence  or appeal of sentence for any offense under the
laws of Illinois or any other state or federal  jurisdiction,
whether the defendant is under parole or mandatory supervised
release  or  work  release  from  the  Illinois Department of
Corrections  or  any   penal   institution   or   corrections
department   of   any  state  or  federal  jurisdiction,  the
defendant's record of convictions, whether the defendant  has
been  convicted  of  a  misdemeanor  or  ordinance offense in
Illinois  or  similar  offense  in  other  state  or  federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether  the  defendant
was  convicted  of  an  offense  in  another state or federal
jurisdiction that would be a felony if committed in  Illinois
within  the 20 years preceding the current charge or has been
convicted of such felony and released from  the  penitentiary
within   20   years   preceding   the  current  charge  if  a
penitentiary sentence was imposed in Illinois or other  state
or  federal jurisdiction, the defendant's records of juvenile
adjudication of delinquency in any jurisdiction,  any  record
of  appearance or failure to appear by the defendant at court
proceedings, whether there was  flight  to  avoid  arrest  or
prosecution,  whether  the  defendant escaped or attempted to
escape to avoid arrest,  whether  the  defendant  refused  to
identify  himself,  or  whether  there  was  a refusal by the
defendant  to  be   fingerprinted   as   required   by   law.
Information used by the court in its findings or stated in or
offered  in  connection  with  this  Section may be by way of
proffer based upon reliable information offered by the  State
or  defendant.  All  evidence  shall  be  admissible if it is
relevant and reliable  regardless  of  whether  it  would  be
admissible under the rules of evidence applicable at criminal
trials.  If  the  State  presents  evidence  that the offense
committed by the defendant was related to or  in  furtherance
of  the  criminal  activities  of  an  organized  gang or was
motivated by the defendant's membership in or  allegiance  to
an  organized  gang,  and  if  the  court determines that the
evidence may be substantiated, the court shall  prohibit  the
defendant   from   associating  with  other  members  of  the
organized gang as a condition of bail  or  release.  For  the
purposes  of  this  Section, "organized gang" has the meaning
ascribed to it in  Section  10  of  the  Illinois  Streetgang
Terrorism Omnibus Prevention Act.
    (b)  The amount of bail shall be:
         (1)  Sufficient   to   assure  compliance  with  the
    conditions set  forth  in  the  bail  bond,  which  shall
    include  the  defendant's  current address with a written
    admonishment to the defendant that he or she must  comply
    with  the  provisions  of  Section  110-12  regarding any
    change in his or her address.   The  defendant's  address
    shall  at all times remain a matter of public record with
    the clerk of the court.
         (2)  Not oppressive.
         (3)  Considerate of the  financial  ability  of  the
    accused.
         (4)  When  a  person  is charged with a drug related
    offense involving possession or delivery of  cannabis  or
    possession  or  delivery  of  a  controlled  substance as
    defined in the Cannabis Control Act, as amended,  or  the
    Illinois  Controlled Substances Act, as amended, the full
    street value of the drugs  seized  shall  be  considered.
    "Street  value"  shall  be determined by the court on the
    basis of a proffer  by  the  State  based  upon  reliable
    information  of a law enforcement official contained in a
    written report as to the amount seized and  such  proffer
    may  be  used by the court as to the current street value
    of the smallest unit of the drug seized.
    (c)  When a person is charged with an offense  punishable
by  fine  only the amount of the bail shall not exceed double
the amount of the maximum penalty.
    (d)  When a person has been convicted of an  offense  and
only a fine has been imposed the amount of the bail shall not
exceed double the amount of the fine.
    (e)  The  State  may  appeal  any  order granting bail or
setting a given amount for bail.
(Source: P.A. 88-677, eff.  12-15-94;  88-679,  eff.  7-1-95;
89-235, eff. 8-4-95; 89-377, eff. 8-18-95.)