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Public Act 101-0138


 

Public Act 0138 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0138
 
HB2308 EnrolledLRB101 07213 SLF 52251 b

    AN ACT concerning 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 110-10 as follows:
 
    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
    Sec. 110-10. Conditions of bail bond.
    (a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that he
or she will:
        (1) Appear to answer the charge in the court having
    jurisdiction on a day certain and thereafter as ordered by
    the court until discharged or final order of the court;
        (2) Submit himself or herself to the orders and process
    of the court;
        (3) Not depart this State without leave of the court;
        (4) Not violate any criminal statute of any
    jurisdiction;
        (5) At a time and place designated by the court,
    surrender all firearms in his or her possession to a law
    enforcement officer designated by the court to take custody
    of and impound the firearms and physically surrender his or
    her Firearm Owner's Identification Card to the clerk of the
    circuit court when the offense the person has been charged
    with is a forcible felony, stalking, aggravated stalking,
    domestic battery, any violation of the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, or the Cannabis Control Act that is
    classified as a Class 2 or greater felony, or any felony
    violation of Article 24 of the Criminal Code of 1961 or the
    Criminal Code of 2012; the court may, however, forgo the
    imposition of this condition when the circumstances of the
    case clearly do not warrant it or when its imposition would
    be impractical; if the Firearm Owner's Identification Card
    is confiscated, the clerk of the circuit court shall mail
    the confiscated card to the Illinois State Police; all
    legally possessed firearms shall be returned to the person
    upon the charges being dismissed, or if the person is found
    not guilty, unless the finding of not guilty is by reason
    of insanity; and
        (6) At a time and place designated by the court, submit
    to a psychological evaluation when the person has been
    charged with a violation of item (4) of subsection (a) of
    Section 24-1 of the Criminal Code of 1961 or the Criminal
    Code of 2012 and that violation occurred in a school or in
    any conveyance owned, leased, or contracted by a school to
    transport students to or from school or a school-related
    activity, or on any public way within 1,000 feet of real
    property comprising any school.
    Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
under these circumstances, the court shall order the defendant
to refrain from entering upon the property of the school,
including any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school-related activity, or on any public way within 1,000 feet
of real property comprising any school. Upon receipt of the
psychological evaluation, either the State or the defendant may
request a change in the conditions of bail, pursuant to Section
110-6 of this Code. The court may change the conditions of bail
to include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental
competency in issue.
    (b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
        (1) Report to or appear in person before such person or
    agency as the court may direct;
        (2) Refrain from possessing a firearm or other
    dangerous weapon;
        (3) Refrain from approaching or communicating with
    particular persons or classes of persons;
        (4) Refrain from going to certain described
    geographical areas or premises;
        (5) Refrain from engaging in certain activities or
    indulging in intoxicating liquors or in certain drugs;
        (6) Undergo treatment for drug addiction or
    alcoholism;
        (7) Undergo medical or psychiatric treatment;
        (8) Work or pursue a course of study or vocational
    training;
        (9) Attend or reside in a facility designated by the
    court;
        (10) Support his or her dependents;
        (11) If a minor resides with his or her parents or in a
    foster home, attend school, attend a non-residential
    program for youths, and contribute to his or her own
    support at home or in a foster home;
        (12) Observe any curfew ordered by the court;
        (13) Remain in the custody of such designated person or
    organization agreeing to supervise his release. Such third
    party custodian shall be responsible for notifying the
    court if the defendant fails to observe the conditions of
    release which the custodian has agreed to monitor, and
    shall be subject to contempt of court for failure so to
    notify the court;
        (14) Be placed under direct supervision of the Pretrial
    Services Agency, Probation Department or Court Services
    Department in a pretrial bond home supervision capacity
    with or without the use of an approved electronic
    monitoring device subject to Article 8A of Chapter V of the
    Unified Code of Corrections;
        (14.1) The court shall impose upon a defendant who is
    charged with any alcohol, cannabis, methamphetamine, or
    controlled substance violation and is placed under direct
    supervision of the Pretrial Services Agency, Probation
    Department or Court Services Department in a pretrial bond
    home supervision capacity with the use of an approved
    monitoring device, as a condition of such bail bond, a fee
    that represents costs incidental to the electronic
    monitoring for each day of such bail supervision ordered by
    the court, unless after determining the inability of the
    defendant to pay the fee, the court assesses a lesser fee
    or no fee as the case may be. The fee shall be collected by
    the clerk of the circuit court, except as provided in an
    administrative order of the Chief Judge of the circuit
    court. The clerk of the circuit court shall pay all monies
    collected from this fee to the county treasurer for deposit
    in the substance abuse services fund under Section 5-1086.1
    of the Counties Code, except as provided in an
    administrative order of the Chief Judge of the circuit
    court.
        The Chief Judge of the circuit court of the county may
    by administrative order establish a program for electronic
    monitoring of offenders with regard to drug-related and
    alcohol-related offenses, in which a vendor supplies and
    monitors the operation of the electronic monitoring
    device, and collects the fees on behalf of the county. The
    program shall include provisions for indigent offenders
    and the collection of unpaid fees. The program shall not
    unduly burden the offender and shall be subject to review
    by the Chief Judge.
        The Chief Judge of the circuit court may suspend any
    additional charges or fees for late payment, interest, or
    damage to any device;
        (14.2) The court shall impose upon all defendants,
    including those defendants subject to paragraph (14.1)
    above, placed under direct supervision of the Pretrial
    Services Agency, Probation Department or Court Services
    Department in a pretrial bond home supervision capacity
    with the use of an approved monitoring device, as a
    condition of such bail bond, a fee which shall represent
    costs incidental to such electronic monitoring for each day
    of such bail supervision ordered by the court, unless after
    determining the inability of the defendant to pay the fee,
    the court assesses a lesser fee or no fee as the case may
    be. The fee shall be collected by the clerk of the circuit
    court, except as provided in an administrative order of the
    Chief Judge of the circuit court. The clerk of the circuit
    court shall pay all monies collected from this fee to the
    county treasurer who shall use the monies collected to
    defray the costs of corrections. The county treasurer shall
    deposit the fee collected in the county working cash fund
    under Section 6-27001 or Section 6-29002 of the Counties
    Code, as the case may be, except as provided in an
    administrative order of the Chief Judge of the circuit
    court.
        The Chief Judge of the circuit court of the county may
    by administrative order establish a program for electronic
    monitoring of offenders with regard to drug-related and
    alcohol-related offenses, in which a vendor supplies and
    monitors the operation of the electronic monitoring
    device, and collects the fees on behalf of the county. The
    program shall include provisions for indigent offenders
    and the collection of unpaid fees. The program shall not
    unduly burden the offender and shall be subject to review
    by the Chief Judge.
        The Chief Judge of the circuit court may suspend any
    additional charges or fees for late payment, interest, or
    damage to any device;
        (14.3) The Chief Judge of the Judicial Circuit may
    establish reasonable fees to be paid by a person receiving
    pretrial services while under supervision of a pretrial
    services agency, probation department, or court services
    department. Reasonable fees may be charged for pretrial
    services including, but not limited to, pretrial
    supervision, diversion programs, electronic monitoring,
    victim impact services, drug and alcohol testing, DNA
    testing, GPS electronic monitoring, assessments and
    evaluations related to domestic violence and other
    victims, and victim mediation services. The person
    receiving pretrial services may be ordered to pay all costs
    incidental to pretrial services in accordance with his or
    her ability to pay those costs;
        (14.4) For persons charged with violating Section
    11-501 of the Illinois Vehicle Code, refrain from operating
    a motor vehicle not equipped with an ignition interlock
    device, as defined in Section 1-129.1 of the Illinois
    Vehicle Code, pursuant to the rules promulgated by the
    Secretary of State for the installation of ignition
    interlock devices. Under this condition the court may allow
    a defendant who is not self-employed to operate a vehicle
    owned by the defendant's employer that is not equipped with
    an ignition interlock device in the course and scope of the
    defendant's employment;
        (15) Comply with the terms and conditions of an order
    of protection issued by the court under the Illinois
    Domestic Violence Act of 1986 or an order of protection
    issued by the court of another state, tribe, or United
    States territory;
        (16) Under Section 110-6.5 comply with the conditions
    of the drug testing program; and
        (17) Such other reasonable conditions as the court may
    impose.
    (c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the
defendant on his own recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim
which may include, but are not limited to conditions that he
will:
        1. Vacate the household.
        2. Make payment of temporary support to his dependents.
        3. Refrain from contact or communication with the child
    victim, except as ordered by the court.
    (d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
        (1) refrain from contact or communication with the
    victim for a minimum period of 72 hours following the
    defendant's release; and
        (2) refrain from entering or remaining at the victim's
    residence for a minimum period of 72 hours following the
    defendant's release.
    (e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
    (f) If the defendant is admitted to bail after conviction
the conditions of the bail bond shall be that he will, in
addition to the conditions set forth in subsections (a) and (b)
hereof:
        (1) Duly prosecute his appeal;
        (2) Appear at such time and place as the court may
    direct;
        (3) Not depart this State without leave of the court;
        (4) Comply with such other reasonable conditions as the
    court may impose; and
        (5) If the judgment is affirmed or the cause reversed
    and remanded for a new trial, forthwith surrender to the
    officer from whose custody he was bailed.
    (g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
    (h) In the event the defendant is unable to post bond, the
court may impose a no contact provision with the victim or
other interested party that shall be enforced while the
defendant remains in custody.
(Source: P.A. 99-797, eff. 8-12-16.)

Effective Date: 1/1/2020