Bill Text: IL HB3686 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail, except under the Uniform Criminal Extradition Act. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3686 Detail]

Download: Illinois-2019-HB3686-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3686 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
See Index
Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail, except under the Uniform Criminal Extradition Act. Amends various other Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 16-103 as follows:
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon the
request of the defendant, shall take such defendant before a
circuit judge or associate circuit judge in the county in which
the arrest was made who shall admit the defendant to bail for
his appearance before the court named in the warrant. On
releasing the defendant taking such bail the circuit judge or
associate circuit judge shall certify such fact on the warrant
and deliver the warrant and undertaking of bail or other
non-monetary security, or the drivers license of such defendant
if deposited, under the law relating to such licenses, in lieu
of such security, to the officer having charge of the
defendant. Such officer shall then immediately discharge the
defendant from arrest and without delay deliver such warrant

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and such undertaking of bail, or other non-monetary security or
drivers license to the court before which the defendant is
required to appear.
(Source: P.A. 77-1280.)
Section 10. The Clerks of Courts Act is amended by changing
Sections 27.3a, 27.3b, 27.5, and 27.6 as follows:
(705 ILCS 105/27.3a)
(Section scheduled to be repealed on July 1, 2019)
Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, State and Conservation Police
operations, and e-business programs.
1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $25 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of

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supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.1. Starting on July 6, 2012 (the effective date of Public
Act 97-761) and pursuant to an administrative order from the
chief judge of the circuit or the presiding judge of the county
authorizing such collection, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section shall also charge and collect an additional $10
operations fee for probation and court services department
operations.
This additional fee shall be paid by the defendant in any
felony, traffic, misdemeanor, local ordinance, or conservation
case upon a judgment of guilty or grant of supervision, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of

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the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
1.5. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee pursuant to subsection 1 of
this Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section, except the fee imposed under this
subsection may not be more than $15. This additional fee shall
be paid by the defendant in any felony, traffic, misdemeanor,
or local ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any violation listed in subsection 1.6 of this Section.
1.6. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee pursuant to subsection 1 of
this Section shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section, except the fee imposed under this
subsection may not be more than $15. This additional fee shall
be paid by the defendant upon a judgment of guilty or grant of
supervision for a violation under the State Parks Act, the
Recreational Trails of Illinois Act, the Illinois Explosives
Act, the Timber Buyers Licensing Act, the Forest Products
Transportation Act, the Firearm Owners Identification Card

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Act, the Environmental Protection Act, the Fish and Aquatic
Life Code, the Wildlife Code, the Cave Protection Act, the
Illinois Exotic Weed Act, the Illinois Forestry Development
Act, the Ginseng Harvesting Act, the Illinois Lake Management
Program Act, the Illinois Natural Areas Preservation Act, the
Illinois Open Land Trust Act, the Open Space Lands Acquisition
and Development Act, the Illinois Prescribed Burning Act, the
State Forest Act, the Water Use Act of 1983, the Illinois
Veteran, Youth, and Young Adult Conservation Jobs Act, the
Snowmobile Registration and Safety Act, the Boat Registration
and Safety Act, the Illinois Dangerous Animals Act, the Hunter
and Fishermen Interference Prohibition Act, the Wrongful Tree
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
Criminal Code of 2012.
1.7. Starting on the 30th day after the effective date of
this amendatory Act of the 99th General Assembly, a clerk of
the circuit court in any county that imposes a fee pursuant to
subsection 1 of this Section shall also charge and collect an
additional $9 e-business fee. The fee shall be paid at the time
of filing the first pleading, paper, or other appearance filed
by each party in all civil cases, except no additional fee
shall be required if more than one party is presented in a
single pleading, paper, or other appearance. The fee shall be
collected in the manner in which all other fees or costs are

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collected. The fee shall be in addition to all other fees and
charges of the clerk, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the e-business fee. The fee shall not be charged in any
matter coming to the clerk on a change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency, or body.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.

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4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
7. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after

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receipt for deposit into the Conservation Police Operations
Assistance Fund.
8. With respect to the fee imposed under subsection 1.7 of
this Section, the clerk shall remit the fee to the State
Treasurer within one month after receipt for deposit into the
Supreme Court Special Purposes Fund. Unless otherwise
authorized by this Act, the moneys deposited into the Supreme
Court Special Purposes Fund under this subsection are not
subject to administrative charges or chargebacks under Section
20 of the State Treasurer Act.
(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
98-1016, eff. 8-22-14; 99-859, eff. 8-19-16. Repealed by P.A.
100-987, eff. 7-1-19.)
(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
Sec. 27.3b. The clerk of court may accept payment of fines,
penalties, or costs by credit card or debit card approved by
the clerk from an offender who has been convicted of or placed
on court supervision for a traffic offense, petty offense,
ordinance offense, or misdemeanor or who has been convicted of
a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or
costs from offenders on voluntary electronic pleas of guilty in
minor traffic and conservation offenses to satisfy the
requirement of written pleas of guilty as provided in Illinois
Supreme Court Rule 529. The clerk of the court may also accept

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payment of statutory fees by a credit card or debit card. The
clerk of the court may also accept the credit card or debit
card for the cash deposit of bail bond fees.
The Clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The clerk
of the circuit court is authorized to enter into contracts with
third party fund guarantors, facilitators, and service
providers under which those entities may contract directly with
customers of the clerk of the circuit court and guarantee and
remit the payments to the clerk of the circuit court. Where the
offender pays fines, penalties, or costs by credit card or
debit card or through a third party fund guarantor,
facilitator, or service provider, or anyone paying statutory
fees of the circuit court clerk or the posting of cash bail,
the clerk shall collect a service fee of up to $5 or the amount
charged to the clerk for use of its services by the credit card
or debit card issuer, third party fund guarantor, facilitator,
or service provider. This service fee shall be in addition to
any other fines, penalties, or costs. The clerk of the circuit
court is authorized to negotiate the assessment of convenience
and administrative fees by the third party fund guarantors,
facilitators, and service providers with the revenue earned by

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the clerk of the circuit court to be remitted to the county
general revenue fund.
(Source: P.A. 95-331, eff. 8-21-07.)
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
(Section scheduled to be repealed on July 1, 2019)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as otherwise
provided in this Section, shall be disbursed within 60 days
after receipt by the circuit clerk as follows: 47% shall be
disbursed to the entity authorized by law to receive the fine

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imposed in the case; 12% shall be disbursed to the State
Treasurer; and 41% shall be disbursed to the county's general
corporate fund. Of the 12% disbursed to the State Treasurer,
1/6 shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
be deposited into the Drivers Education Fund. For fiscal years
1992 and 1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle

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Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to a
court order, the circuit clerk may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

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Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of

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Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (d) becomes inoperative on January 1, 2020.
(e) In all counties having a population of 3,000,000 or
more inhabitants:
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as

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provided by subsection (f) of Section 11-605.
(4) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(5) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(6) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(7) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(8) When a victim impact panel fee is assessed pursuant

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to subsection (b) of Section 11-501.01 of the Illinois
Vehicle Code, it shall be disbursed by the circuit clerk to
the victim impact panel to be attended by the defendant.
(9) When a new fee collected in traffic cases is
enacted after January 1, 2010 (the effective date of Public
Act 96-735), it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.
(f) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and
court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(g) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the

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Illinois Vehicle Code.
(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-658, eff. 6-23-14. Repealed by P.A.
100-987, eff. 7-1-19.)
(705 ILCS 105/27.6)
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
98-658, 98-1013, 99-78, and 99-455)
(Section scheduled to be repealed on July 1, 2019)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the

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Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as

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follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray

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administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the

HB3686 - 21 - LRB101 09843 SLF 54945 b
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not

HB3686 - 22 - LRB101 09843 SLF 54945 b
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.

HB3686 - 23 - LRB101 09843 SLF 54945 b
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) (Blank).
(h) (Blank).
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.

HB3686 - 24 - LRB101 09843 SLF 54945 b
This subsection (j) becomes inoperative on January 1, 2020.
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited

HB3686 - 25 - LRB101 09843 SLF 54945 b
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.
This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public
Safety Fund.
(o) The amounts collected as fines under Sections 10-9,
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.

HB3686 - 26 - LRB101 09843 SLF 54945 b
(p) In addition to any other fees and penalties imposed,
any person who is convicted of or pleads guilty to a violation
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
shall pay an additional fee of $250 to the clerk of the circuit
court. This additional fee of $250 shall not be considered a
part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. This amount,
less 2.5% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Department of Insurance within 60 days after receipt for
deposit into the George Bailey Memorial Fund.
(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
99-78, eff. 7-20-15; 99-455, eff. 1-1-16. Repealed by P.A.
100-987, eff. 7-1-19.)
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
98-658, 98-1013, 99-78, and 99-455)
(Section scheduled to be repealed on July 1, 2019)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a

HB3686 - 27 - LRB101 09843 SLF 54945 b
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17

HB3686 - 28 - LRB101 09843 SLF 54945 b
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as

HB3686 - 29 - LRB101 09843 SLF 54945 b
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to court
order, the clerk of the court may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of

HB3686 - 30 - LRB101 09843 SLF 54945 b
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection

HB3686 - 31 - LRB101 09843 SLF 54945 b
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.

HB3686 - 32 - LRB101 09843 SLF 54945 b
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court

HB3686 - 33 - LRB101 09843 SLF 54945 b
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $35, to
be disbursed as provided in Section 16-104d of that Code. This
subsection (g) becomes inoperative on January 1, 2020.
(h) In all counties having a population of 3,000,000 or
more inhabitants,
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of Section 11-605.1 of

HB3686 - 34 - LRB101 09843 SLF 54945 b
the Illinois Vehicle Code is $250 or greater, the person
who violated that Section shall be charged an additional
$125 as provided for by subsection (e) of Section 11-605.1
of the Illinois Vehicle Code, which shall be disbursed by
the circuit clerk to a State or county Transportation
Safety Highway Hire-back Fund as provided by subsection (e)
of Section 11-605.1 of the Illinois Vehicle Code.
(4) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(6) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of

HB3686 - 35 - LRB101 09843 SLF 54945 b
the Counties Code.
(7) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(8) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(9) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code,
it shall be disbursed by the circuit clerk to the victim
impact panel to be attended by the defendant.
(10) When a new fee collected in traffic cases is
enacted after the effective date of this subsection (h), it
shall be excluded from the percentage disbursement
provisions of this Section unless otherwise indicated by
law.
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court

HB3686 - 36 - LRB101 09843 SLF 54945 b
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) (Blank).
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)

HB3686 - 37 - LRB101 09843 SLF 54945 b
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.
This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public
Safety Fund.
(o) The amounts collected as fines under Sections 10-9,

HB3686 - 38 - LRB101 09843 SLF 54945 b
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.
(p) In addition to any other fees and penalties imposed,
any person who is convicted of or pleads guilty to a violation
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
shall pay an additional fee of $250 to the clerk of the circuit
court. This additional fee of $250 shall not be considered a
part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. This amount,
less 2.5% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Department of Insurance within 60 days after receipt for
deposit into the George Bailey Memorial Fund.
(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
99-78, eff. 7-20-15; 99-455, eff. 1-1-16. Repealed by P.A.
100-987, eff. 7-1-19.)
Section 15. The Criminal Code of 2012 is amended by
changing Section 32-10 as follows:
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of release bail bond.
(a) Whoever, having been released admitted to bail for
appearance before any court of this State, incurs a forfeiture

HB3686 - 39 - LRB101 09843 SLF 54945 b
of release the bail and knowingly fails to surrender himself or
herself within 30 days following the date of the forfeiture,
commits, if release the bail was given in connection with a
charge of felony or pending appeal or certiorari after
conviction of any offense, a felony of the next lower Class or
a Class A misdemeanor if the underlying offense was a Class 4
felony; or, if release the bail was given in connection with a
charge of committing a misdemeanor, or for appearance as a
witness, commits a misdemeanor of the next lower Class, but not
less than a Class C misdemeanor.
(a-5) Any person who knowingly violates a condition of
release bail bond by possessing a firearm in violation of his
or her conditions of release bail commits a Class 4 felony for
a first violation and a Class 3 felony for a second or
subsequent violation.
(b) Whoever, having been released admitted to bail for
appearance before any court of this State, while charged with a
criminal offense in which the victim is a family or household
member as defined in Article 112A of the Code of Criminal
Procedure of 1963, knowingly violates a condition of that
release as set forth in Section 110-10, subsection (d) of the
Code of Criminal Procedure of 1963, commits a Class A
misdemeanor.
(c) Whoever, having been released admitted to bail for
appearance before any court of this State for a felony, Class A
misdemeanor or a criminal offense in which the victim is a

HB3686 - 40 - LRB101 09843 SLF 54945 b
family or household member as defined in Article 112A of the
Code of Criminal Procedure of 1963, is charged with any other
felony, Class A misdemeanor, or a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963 while on this
release, must appear before the court before release bail is
statutorily set.
(d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
shall be served consecutive to the sentence imposed for the
charge for which release bail had been granted and with respect
to which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 103-5, 103-7, 104-17, 106D-1,
107-4, 109-1, 109-2, 110-1, 110-2, 110-3, 110-4, 110-5,
110-5.1, 110-6, 110-6.1, 110-6.2, 110-6.3, 110-6.5, 110-7,
110-9, 110-10, 110-11, 110-12, 110-16, 110-18, 112A-23, and
115-4.1 and by adding Section 110-1.5 as follows:
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within

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120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
release bail or recognizance for an offense but who is in
custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
(b) Every person on release bail or recognizance shall be
tried by the court having jurisdiction within 160 days from the
date defendant demands trial unless delay is occasioned by the
defendant, by an examination for fitness ordered pursuant to
Section 104-13 of this Act, by a fitness hearing, by an
adjudication of unfitness to stand trial, by a continuance
allowed pursuant to Section 114-4 of this Act after a court's

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determination of the defendant's physical incapacity for
trial, or by an interlocutory appeal. The defendant's failure
to appear for any court date set by the court operates to waive
the defendant's demand for trial made under this subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
conditions bail or recognizance and demands trial, shall be
given credit for time spent in custody following the making of
the demand while in custody. Any demand for trial made under
this subsection (b) shall be in writing; and in the case of a
defendant not in custody, the demand for trial shall include
the date of any prior demand made under this provision while
the defendant was in custody.
(c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.

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(d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his or her release
bail or recognizance.
(e) If a person is simultaneously in custody upon more than
one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date on
which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is
occasioned by the defendant, by an examination for fitness

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ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal; provided, however,
that if the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b), or
(e) of this Section and on the day of expiration of the delay
the said period shall continue at the point at which it was
suspended. Where such delay occurs within 21 days of the end of
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of this Section, the court may
continue the cause on application of the State for not more
than an additional 21 days beyond the period prescribed by
subsections (a), (b), or (e). This subsection (f) shall become
effective on, and apply to persons charged with alleged
offenses committed on or after, March 1, 1977.
(Source: P.A. 98-558, eff. 1-1-14.)

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(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights.
Every sheriff, chief of police or other person who is in
charge of any jail, police station or other building where
persons under arrest are held in custody pending investigation,
bail or other criminal proceedings, shall post in every room,
other than cells, of such buildings where persons are held in
custody, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large type,
containing a verbatim copy in the English language of the
provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of
this Code. Each person who is in charge of any courthouse or
other building in which any trial of an offense is conducted
shall post in each room primarily used for such trials and in
each room in which defendants are confined or wait, pending
trial, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large type,
containing a verbatim copy in the English language of the
provisions of Sections 103-6, 113-1, 113-4 and 115-1 and of
subparts (a) and (b) of Section 113-3 of this Code.
(Source: Laws 1965, p. 2622.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released

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on conditions or on bail or on his or her own recognizance, the
court shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may
order him or her placed for treatment in the custody of the
Department of Human Services, or the court may order him or her
placed in the custody of any other appropriate public or
private mental health facility or treatment program which has
agreed to provide treatment to the defendant. If the court
orders the defendant placed in the custody of the Department of
Human Services, the Department shall evaluate the defendant to
determine to which secure facility the defendant shall be
transported and, within 20 days of the transmittal by the clerk
of the circuit court of the placement court order, notify the
sheriff of the designated facility. Upon receipt of that
notice, the sheriff shall promptly transport the defendant to
the designated facility. If the defendant is placed in the
custody of the Department of Human Services, the defendant
shall be placed in a secure setting. During the period of time
required to determine the appropriate placement the defendant
shall remain in jail. If during the course of evaluating the
defendant for placement, the Department of Human Services
determines that the defendant is currently fit to stand trial,
it shall immediately notify the court and shall submit a

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written report within 7 days. In that circumstance the
placement shall be held pending a court hearing on the
Department's report. Otherwise, upon completion of the
placement process, the sheriff shall be notified and shall
transport the defendant to the designated facility. If, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, the Department fails to notify the
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall contact a designated
person within the Department to inquire about when a placement
will become available at the designated facility and bed
availability at other facilities. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department fails to notify the sheriff of the
identity of the facility to which the defendant shall be
transported, the sheriff shall notify the Department of its
intent to transfer the defendant to the nearest secure mental
health facility operated by the Department and inquire as to
the status of the placement evaluation and availability for
admission to such facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status of
the evaluation, information on bed and placement availability,
and an estimated date of admission for the defendant and any

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changes to that estimated date of admission. If the Department
notifies the sheriff during the 2 business day period of a
facility operated by the Department with placement
availability, the sheriff shall promptly transport the
defendant to that facility. The placement may be ordered either
on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department of
Human Services which shall place and maintain the defendant in
a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
(1) a certified copy of the order to undergo treatment.
Accompanying the certified copy of the order to undergo
treatment shall be the complete copy of any report prepared
under Section 104-15 of this Code or other report prepared
by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest

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took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period of
time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of

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supervising the defendant's treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either a
civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a criminal
complaint, at which release bail will be set;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing conducted under the Sexually Violent

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Persons Commitment Act at which no witness testimony will
be taken.
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way audio-visual
communication, upon waiver of any right the person in custody
or confinement may have to be present physically.
(d) Nothing in this Section shall be construed to establish
a right of any person held in custody or confinement to appear
in court through two-way audio-visual communication or to
require that any governmental entity, or place of custody or
confinement, provide two-way audio-visual communication.
(Source: P.A. 95-263, eff. 8-17-07.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace

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unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity that occurred in the
officer's primary jurisdiction and the temporary questioning
or arrest relates to, arises from, or is conducted pursuant to
that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws of
this State; or (3) if the officer, while on duty as a peace
officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the
requesting law enforcement agency that is outside the officer's
primary jurisdiction; or (4) in accordance with Section
2605-580 of the Department of State Police Law of the Civil
Administrative Code of Illinois. While acting pursuant to this

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subsection, an officer has the same authority as within his or
her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or
release the person with conditions with that admit him to bail
for such purpose. If the court determines that the arrest was
unlawful it shall discharge the person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)

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(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
release bail to the defendant may not be conducted by way of
closed circuit television.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which bail is determined under
Article 110 of this Code. If the defendant desires counsel for
his or her initial appearance but is unable to obtain counsel,
the court shall appoint a public defender or licensed attorney
at law of this State to represent him or her for purposes of
that hearing.
(b) The judge shall:
(1) Inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) Advise the defendant of his right to counsel and if

HB3686 - 55 - LRB101 09843 SLF 54945 b
indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) Schedule a preliminary hearing in appropriate
cases;
(4) Admit the defendant to release bail in accordance
with the provisions of Article 110 of this Code; and
(5) Order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses Act,
if the judge determines, based on the factors in Section
110-5 of this Code, that this will reasonably ensure the
appearance of the defendant and compliance by the defendant
with all conditions of release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising

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the defendant.
(e) If consular notification is not provided to a defendant
before his or her first appearance in court, the court shall
grant any reasonable request for a continuance of the
proceedings to allow contact with the defendant's consulate.
Any delay caused by the granting of the request by a defendant
shall temporarily suspend for the time of the delay the period
within which a person shall be tried as prescribed by
subsections (a), (b), or (e) of Section 103-5 of this Code and
on the day of the expiration of delay the period shall continue
at the point at which it was suspended.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
eff. 1-1-18.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county. (a) Any
person arrested in a county other than the one in which a
warrant for his or her arrest was issued shall be taken without
unnecessary delay before the nearest and most accessible judge
in the county where the arrest was made or, if no additional
delay is created, before the nearest and most accessible judge
in the county from which the warrant was issued. He or she
shall be released admitted to bail in the amount specified in
the warrant or, for offenses other than felonies, in an amount
as set by the judge, and such bail shall be conditioned on his
or her appearing in the court issuing the warrant on a certain

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date. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting agency
shall surrender such person to a law enforcement agency of the
county that issued the warrant without unnecessary delay. The
provisions of Section 109-1 shall then apply to the person so
arrested.
(Source: P.A. 86-298.)
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions.
(a) (Blank). "Security" is that which is required to be
pledged to insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a bail
bond and binds himself to pay the bail if the person in custody
fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic

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imprisonment or conditional discharge, is required by law upon
conviction.
(d) "Real and present threat to the physical safety of any
person or persons", as used in this Article, includes a threat
to the community, person, persons or class of persons.
(Source: P.A. 85-892.)
(725 ILCS 5/110-1.5 new)
Sec. 110-1.5. Abolishment of monetary bail. Under this
amendatory Act of the 101st General Assembly, the requirement
of posting monetary bail is abolished, except as provided in
the Uniform Extradition Act which is a compact that has been
entered into between this State and its sister states.
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance. When from all the
circumstances the court is of the opinion that the defendant
will appear as required either before or after conviction and
the defendant will not pose a danger to any person or the
community and that the defendant will comply with all
conditions of release 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 of this Code regarding any change in his or her address,
the defendant may be released on his or her own recognizance.
The defendant's address shall at all times remain a matter of

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public record with the clerk of the court. A failure to appear
as required by such recognizance shall constitute an offense
subject to the penalty provided in Section 32-10 of the
Criminal Code of 2012 for violation of release the bail bond,
and any obligated sum fixed in the recognizance shall be
forfeited and collected in accordance with subsection (g) of
Section 110-7 of this Code.
This Section shall be liberally construed to effectuate the
purpose of relying upon contempt of court proceedings or
criminal sanctions instead of financial loss to assure the
appearance of the defendant, and that the defendant will not
pose a danger to any person or the community and that the
defendant will comply with all conditions of release bond.
Monetary bail should be set only when it is determined that no
other conditions of release will reasonably assure the
defendant's appearance in court, that the defendant does not
present a danger to any person or the community and that the
defendant will comply with all conditions of bond.
The State may appeal any order permitting release by
personal recognizance.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Issuance of warrant. Upon failure to comply
with any condition of release a bail bond or recognizance the
court having jurisdiction at the time of such failure may, in

HB3686 - 60 - LRB101 09843 SLF 54945 b
addition to any other action provided by law, issue a warrant
for the arrest of the person at liberty on release bail or his
or her own recognizance. The contents of such a warrant shall
be the same as required for an arrest warrant issued upon
complaint. When a defendant is at liberty on release bail or
his or her own recognizance on a felony charge and fails to
appear in court as directed, the court shall issue a warrant
for the arrest of such person. Such warrant shall be noted with
a directive to peace officers to arrest the person and hold
such person without release bail and to deliver such person
before the court for further proceedings. A defendant who is
arrested or surrenders within 30 days of the issuance of such
warrant shall not be released bailable in the case in question
unless he or she shows by the preponderance of the evidence
that his or her failure to appear was not intentional.
(Source: P.A. 86-298; 86-984; 86-1028.)
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses where release may be denied.
(a) All persons shall be subject to release bailable before
conviction, except the following offenses where the proof is
evident or the presumption great that the defendant is guilty
of the offense: capital offenses; offenses for which a sentence
of life imprisonment may be imposed as a consequence of
conviction; felony offenses for which a sentence of
imprisonment, without conditional and revocable release, shall

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be imposed by law as a consequence of conviction, where the
court after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person or persons; stalking or aggravated
stalking, where the court, after a hearing, determines that the
release of the defendant would pose a real and present threat
to the physical safety of the alleged victim of the offense and
denial of release bail is necessary to prevent fulfillment of
the threat upon which the charge is based; or unlawful use of
weapons in violation of item (4) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
when that offense 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, where the court, after a hearing, determines that the
release of the defendant would pose a real and present threat
to the physical safety of any person and denial of release bail
is necessary to prevent fulfillment of that threat; or making a
terrorist threat in violation of Section 29D-20 of the Criminal
Code of 1961 or the Criminal Code of 2012 or an attempt to
commit the offense of making a terrorist threat, where the
court, after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person and denial of release bail is necessary to
prevent fulfillment of that threat.

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(b) (Blank). A person seeking release on bail who is
charged with a capital offense or an offense for which a
sentence of life imprisonment may be imposed shall not be
bailable until a hearing is held wherein such person has the
burden of demonstrating that the proof of his guilt is not
evident and the presumption is not great.
(c) Where it is alleged that release bail should be denied
to a person upon the grounds that the person presents a real
and present threat to the physical safety of any person or
persons, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that release bail should be denied
to a person charged with stalking or aggravated stalking upon
the grounds set forth in Section 110-6.3 of this Code, the
burden of proof of those allegations shall be upon the State.
(Source: P.A. 97-1150, eff. 1-25-13.)
(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 whether to release a defendant 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

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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 person with a disability,
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,

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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 or she was

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released 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 released 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, aftercare release, mandatory
supervised release, or work release from the Illinois
Department of Corrections or Illinois Department of Juvenile
Justice 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

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prosecution, whether the defendant escaped or attempted to
escape to avoid arrest, whether the defendant refused to
identify himself or herself, 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.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination of
conditions necessary to reasonably assure the appearance of the
defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat to

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a witness or participant. Conditions of release may include,
but not be limited to, electronic home monitoring, curfews,
drug counseling, stay-away orders, and in-person reporting.
The court shall consider the defendant's socio-economic
circumstance when setting conditions of release or imposing
monetary bail.
(b) (Blank). 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, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, 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

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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.
(b-5) (Blank). Upon the filing of a written request
demonstrating reasonable cause, the State's Attorney may
request a source of bail hearing either before or after the
posting of any funds. If the hearing is granted, before the
posting of any bail, the accused must file a written notice
requesting that the court conduct a source of bail hearing. The
notice must be accompanied by justifying affidavits stating the
legitimate and lawful source of funds for bail. At the hearing,
the court shall inquire into any matters stated in any
justifying affidavits, and may also inquire into matters
appropriate to the determination which shall include, but are
not limited to, the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct; and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and

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relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
(c) (Blank). 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) (Blank). 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) (Blank). The State may appeal any order granting bail
or setting a given amount for bail.
(f) (Blank). When a person is charged with 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 when a
person is charged with domestic battery, aggravated domestic

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battery, kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first degree
murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence Act,
or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing alcohol
or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,

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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;
(9) 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;
(10) 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 or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
The the court may, in its discretion, order the defendant
respondent to undergo a risk assessment evaluation using a
recognized, evidence-based instrument conducted by an Illinois
Department of Human Services approved partner abuse
intervention program provider, pretrial service, probation, or
parole agency to assist in rendering a release decision. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information

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collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to undergo
a risk assessment evaluation or to be placed under electronic
surveillance and risk assessment, the court shall document in
the record the court's reasons for making those determinations.
The cost of the electronic surveillance and risk assessment
shall be paid by, or on behalf, of the defendant. As used in
this subsection (f), "intimate partner" means a spouse or a
current or former partner in a cohabitation or dating
relationship.
(g) If the court releases the defendant, the court shall:
(1) inform the defendant of any conditions, including,
but not limited to, being placed under electric
surveillance as provided in Section 5-8A-7 of the Unified
Code of Corrections;
(2)admonish the defendant of the consequences for
failure to appear for further court proceedings; and
(3) inform the defendant that his or her current
address shall remain at all times a public record with the
Clerk of the Court.
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18.)

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(725 ILCS 5/110-5.1)
Sec. 110-5.1. Bail; Release of 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 release 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

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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 releasing 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
other person;
(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

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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
homicidal ideations;
(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

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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 release 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 release 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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Modification of bail or conditions.
(a) Upon verified application by the State or the defendant
or on its own motion the court before which the proceeding is
pending may increase or reduce the amount of bail or may alter
the conditions of release the bail bond or grant release bail

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where it has been previously revoked or denied. If release bail
has been previously revoked pursuant to subsection (f) of this
Section or if release bail has been denied to the defendant
pursuant to subsection (e) of Section 110-6.1 or subsection (e)
of Section 110-6.3, the defendant shall be required to present
a verified application setting forth in detail any new facts
not known or obtainable at the time of the previous revocation
or denial of release bail proceedings. If the court grants
release bail where it has been previously revoked or denied,
the court shall state on the record of the proceedings the
findings of facts and conclusion of law upon which such order
is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody solely for a
Category B offense due to an inability to post monetary bail
shall be brought before the court at the next available court
date or 7 calendar days from the date bail was set, whichever
is earlier, for a rehearing on the amount or conditions of bail
or release pending further court proceedings. The court may
reconsider conditions of release for any other person whose
inability to post monetary bail is the sole reason for
continued incarceration, including a person in custody for a
Category A offense or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) if the person has failed to appear as required
before the court and is incarcerated based on a warrant for

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failure to appear on the same original criminal offense.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of release bail as ordered by
the court shall constitute grounds for the court to increase
the amount of bail, or otherwise alter the conditions of
release bail, or, where the alleged offense committed on
release bail is a forcible felony in Illinois or a Class 2 or
greater offense under the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, revoke release bail pursuant to the
appropriate provisions of subsection (e) of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).
(e) Upon verified application by the State stating facts or
circumstances constituting a violation or a threatened
violation of any of the conditions of release the bail bond the
court may issue a warrant commanding any peace officer to bring
the defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on release bail is charged with a

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subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a violation
of Section 110-10 (a) (4) of this Code, the court shall without
prior notice to the defendant, grant leave to file such
application and shall order the transfer of the defendant and
the application without unnecessary delay to the court before
which the previous felony matter is pending for a hearing as
provided in subsection (b) or this subsection of this Section.
The defendant shall be held without release bond pending
transfer to and a hearing before such court. At the conclusion
of the hearing based on a violation of the conditions of
Section 110-10 of this Code or any special conditions of
release bail as ordered by the court the court may enter an
order to increasing the amount of bail or alter the conditions
of release bail as deemed appropriate.
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on release bail
for the alleged commission of a felony, or where the defendant
is on release bail for a felony domestic battery (enhanced
pursuant to subsection (b) of Section 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012), aggravated domestic

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battery, aggravated battery, unlawful restraint, aggravated
unlawful restraint or domestic battery in violation of item (1)
of subsection (a) of Section 12-3.2 of the Criminal Code of
1961 or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke release bail in accordance with the following
provisions:
(1) The court shall hold the defendant without release
bail pending the hearing on the alleged breach; however, if
the defendant is not release admitted to bail the hearing
shall be commenced within 10 days from the date the
defendant is taken into custody or the defendant may not be
held any longer without release bail, unless delay is
occasioned by the defendant. Where defendant occasions the
delay, the running of the 10 day period is temporarily
suspended and resumes at the termination of the period of
delay. Where defendant occasions the delay with 5 or fewer
days remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State has
the burden of going forward and proving the violation by

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clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify, to
present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or
revocation of release bail 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. A motion by the defendant to suppress
evidence or to suppress a confession shall not be
entertained at such a hearing. Evidence that proof may have
been obtained as a result of an unlawful search and seizure
or through improper interrogation is not relevant to this
hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine

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Control and Community Protection Act while released
admitted to bail, or where the defendant is on release bail
for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of
1961 or the Criminal Code of 2012), aggravated domestic
battery, aggravated battery, unlawful restraint,
aggravated unlawful restraint or domestic battery in
violation of item (1) of subsection (a) of Section 12-3.2
of the Criminal Code of 1961 or the Criminal Code of 2012
against a family or household member as defined in Section
112A-3 of this Code and the violation is an offense of
domestic battery, against the same victim, the court shall
revoke the release bail of the defendant and hold the
defendant for trial without release bail. Neither the
finding of the court nor any transcript or other record of
the hearing shall be admissible in the State's case in
chief, but shall be admissible for impeachment, or as
provided in Section 115-10.1 of this Code or in a perjury
proceeding.
(4) If the release bail of any defendant is revoked
pursuant to paragraph (f) (3) of this Section, the
defendant may demand and shall be entitled to be brought to
trial on the offense with respect to which he was formerly
released on bail within 90 days after the date on which his
release bail was revoked. If the defendant is not brought
to trial within the 90 day period required by the preceding

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sentence, he shall not be held longer without release bail.
In computing the 90 day period, the court shall omit any
period of delay resulting from a continuance granted at the
request of the defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such
warrant, the non-issuing court shall not alter the
conditions of release amount of bail set on such warrant
unless the court sets forth on the record of proceedings
the conclusions of law and facts which are the basis for
such altering of another court's release bond. The
non-issuing court shall not alter another conditions of
release courts bail set on a warrant unless the interests
of justice and public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of release the bail bond or granted release bail
where it has previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

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(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of release bail in non-probationable
felony offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether release bail should be
denied to a defendant who is charged with a felony offense for
which a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's release
admission to bail poses a real and present threat to the
physical safety of any person or persons.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within
the 21 calendar days, except as provided in Section 110-6,
after arrest and release of the defendant upon reasonable
notice to defendant; provided that while such petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a continuance.
A continuance on motion of the defendant may not exceed 5
calendar days, and a continuance on the motion of the State
may not exceed 3 calendar days. The defendant may be held
in custody during such continuance.
(b) The court may deny release bail to the defendant where,

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after the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a sentence
of imprisonment, without probation, periodic imprisonment
or conditional discharge, must be imposed by law as a
consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection
Act which is a Class X felony, and
(3) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Article, can reasonably assure the physical safety of
any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. Defendant has the right to

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be represented by counsel, and if he is indigent, to
have counsel appointed for him. Defendant shall have
the opportunity to testify, to present witnesses in his
own behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercises its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pre-trial detention hearing is not
to be used for purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State in its petition.
The rules concerning the admissibility of evidence in

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criminal trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state of
the prosecution.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by the
State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
safety of any person or persons, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of

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violence, involving a weapon.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or

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other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without release bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation, mail
and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant pursuant to subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which he

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is detained within 90 days after the date on which the order
for detention was entered. If the defendant is not brought to
trial within the 90 day period required by the preceding
sentence, he shall not be held longer without release bail. In
computing the 90 day period, the court shall omit any period of
delay resulting from a continuance granted at the request of
the defendant.
(g) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying release
bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of release bail.
(i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction Detention.
(a) The court may order that a person who has been found
guilty of an offense and who is waiting imposition or execution
of sentence be held without release bond unless the court finds
by clear and convincing evidence that the person is not likely
to flee or pose a danger to any other person or the community
if released under Sections 110-5 and 110-10 of this Act.
(b) The court may order that person who has been found

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guilty of an offense and sentenced to a term of imprisonment be
held without release bond unless the court finds by clear and
convincing evidence that:
(1) the person is not likely to flee or pose a danger
to the safety of any other person or the community if
released on bond pending appeal; and
(2) that the appeal is not for purpose of delay and
raises a substantial question of law or fact likely to
result in reversal or an order for a new trial.
(Source: P.A. 96-1200, eff. 7-22-10.)
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. Denial of release bail in stalking and
aggravated stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether release bail should be
denied to a defendant who is charged with stalking or
aggravated stalking, when it is alleged that the defendant's
release admission to bail poses a real and present threat to
the physical safety of the alleged victim of the offense, and
denial of release on bail or personal recognizance is necessary
to prevent fulfillment of the threat upon which the charge is
based.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within
21 calendar days, except as provided in Section 110-6,

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after arrest and release of the defendant upon reasonable
notice to defendant; provided that while the petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a continuance.
A continuance on motion of the defendant may not exceed 5
calendar days, and the defendant may be held in custody
during the continuance. A continuance on the motion of the
State may not exceed 3 calendar days; however, the
defendant may be held in custody during the continuance
under this provision if the defendant has been previously
found to have violated an order of protection or has been
previously convicted of, or granted court supervision for,
any of the offenses set forth in Sections 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3,
12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012, against the same person as the alleged victim of
the stalking or aggravated stalking offense.
(b) The court may deny release bail to the defendant when,
after the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed the offense of stalking or
aggravated stalking; and

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(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense;
and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Code, including mental health treatment at a community
mental health center, hospital, or facility of the
Department of Human Services, can reasonably assure the
physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of
proffer based upon reliable information offered by the
State or by defendant. Defendant has the right to be
represented by counsel, and if he is indigent, to have
counsel appointed for him. Defendant shall have the
opportunity to testify, to present witnesses in his own
behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his favor. When the ends of

HB3686 - 94 - LRB101 09843 SLF 54945 b
justice so require, the court may exercise its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pretrial detention hearing is not
to be used for the purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State. The rules
concerning the admissibility of evidence in criminal
trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be

HB3686 - 95 - LRB101 09843 SLF 54945 b
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state of
the prosecution.
(2) The facts relied upon by the court to support a
finding that:
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based;
shall be supported by clear and convincing evidence
presented by the State.
(d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;

HB3686 - 96 - LRB101 09843 SLF 54945 b
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends
to indicate a violent, abusive, or assaultive nature,
or lack of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under

HB3686 - 97 - LRB101 09843 SLF 54945 b
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(e) The court shall, in any order denying release bail to a
person charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without release bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation, mail
and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial

HB3686 - 98 - LRB101 09843 SLF 54945 b
within the 90 day period required by this subsection (f), he
shall not be held longer without release bail. In computing the
90 day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant. The court shall immediately notify the alleged
victim of the offense that the defendant has been released
admitted to bail under this subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying release bail to the
defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of release bail.
(i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14.)
(725 ILCS 5/110-6.5)
Sec. 110-6.5. Drug testing program. The Chief Judge of the
circuit may establish a drug testing program as provided by
this Section in any county in the circuit if the county board
has approved the establishment of the program and the county
probation department or pretrial services agency has consented
to administer it. The drug testing program shall be conducted
under the following provisions:

HB3686 - 99 - LRB101 09843 SLF 54945 b
(a) The court, in the case of a defendant charged with a
felony offense or any offense involving the possession or
delivery of cannabis or a controlled substance, shall:
(1) not consider the release of the defendant on his or
her own recognizance, unless the defendant consents to
periodic drug testing during the period of release on his
or her own recognizance, in accordance with this Section;
(2) consider the consent of the defendant to periodic
drug testing during the period of release on bail in
accordance with this Section as a favorable factor for the
defendant in determining the amount of bail, the conditions
of release or in considering the defendant's motion to
reduce the amount of bail.
(b) The drug testing shall be conducted by the pretrial
services agency or under the direction of the probation
department when a pretrial services agency does not exist in
accordance with this Section.
(c) A defendant who consents to periodic drug testing as
set forth in this Section shall sign an agreement with the
court that, during the period of release, the defendant shall
refrain from using illegal drugs and that the defendant will
comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall
be executed at the time of the release bail hearing. This
agreement shall be made a specific condition of release bail.
(d) The drug testing program shall be conducted as follows:

HB3686 - 100 - LRB101 09843 SLF 54945 b
(1) The testing shall be done by urinalysis for the
detection of phencyclidine, heroin, cocaine, methadone and
amphetamines.
(2) The collection of samples shall be performed under
reasonable and sanitary conditions.
(3) Samples shall be collected and tested with due
regard for the privacy of the individual being tested and
in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable
samples.
(4) Sample collection shall be documented, and the
documentation procedures shall include:
(i) Labeling of samples so as to reasonably
preclude the probability of erroneous identification
of test results; and
(ii) An opportunity for the defendant to provide
information on the identification of prescription or
nonprescription drugs used in connection with a
medical condition.
(5) Sample collection, storage, and transportation to
the place of testing shall be performed so as to reasonably
preclude the probability of sample contamination or
adulteration.
(6) Sample testing shall conform to scientifically
accepted analytical methods and procedures. Testing shall
include verification or confirmation of any positive test

HB3686 - 101 - LRB101 09843 SLF 54945 b
result by a reliable analytical method before the result of
any test may be used as a basis for any action by the
court.
(e) The initial sample shall be collected before the
defendant's release on bail. Thereafter, the defendant shall
report to the pretrial services agency or probation department
as required by the agency or department. The pretrial services
agency or probation department shall immediately notify the
court of any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed positive
test result indicative of continued drug use shall result in
the following:
(1) Upon the first confirmed positive test result, the
pretrial services agency or probation department, shall
place the defendant on a more frequent testing schedule and
shall warn the defendant of the consequences of continued
drug use.
(2) A second confirmed positive test result shall be
grounds for a hearing before the judge who authorized the
release of the defendant in accordance with the provisions
of subsection (g) of this Section.
(g) The court shall, upon motion of the State or upon its
own motion, conduct a hearing in connection with any defendant
who fails to appear for testing, fails to cooperate with the
persons conducting the testing program, attempts to submit a
sample not his or her own or has had a confirmed positive test

HB3686 - 102 - LRB101 09843 SLF 54945 b
result indicative of continued drug use for the second or
subsequent time after the initial test. The hearing shall be
conducted in accordance with the procedures of Section 110-6.
Upon a finding by the court that the State has established
by clear and convincing evidence that the defendant has
violated the drug testing conditions of bail, the court may
consider any of the following sanctions:
(1) increase the amount of the defendant's bail or
alter the conditions of release;
(2) impose a jail sentence of up to 5 days;
(3) revoke the defendant's release bail; or
(4) enter such other orders which are within the power
of the court as deemed appropriate.
(h) The results of any drug testing conducted under this
Section shall not be admissible on the issue of the defendant's
guilt in connection with any criminal charge.
(i) The court may require that the defendant pay for the
cost of drug testing.
(Source: P.A. 88-677, eff. 12-15-94.)
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. Process Deposit of bail security.
(a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The

HB3686 - 103 - LRB101 09843 SLF 54945 b
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community
Protection Act which is a Class X felony, or making a terrorist
threat in violation of Section 29D-20 of the Criminal Code of
1961 or the Criminal Code of 2012 or an attempt to commit the
offense of making a terrorist threat, the court may require the
defendant to deposit a sum equal to 100% of the bail. Where any
person is charged with a forcible felony is released while free
on bail and is the subject of proceedings under Section 109-3
of this Code the judge conducting the preliminary examination
may also conduct a hearing upon the application of the State

HB3686 - 104 - LRB101 09843 SLF 54945 b
pursuant to the provisions of Section 110-6 of this Code to
alter conditions of release increase or revoke the bail for
that person's prior alleged offense.
(b) (Blank). Upon depositing this sum and any bond fee
authorized by law, the person shall be released from custody
subject to the conditions of the bail bond.
(c) Once release bail has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
conditions of release original bail in that court subject to
the provisions of Section 110-6 of this Code.
(d) After conviction the court may order that the original
conditions of release bail stand as bail pending appeal or may
alter the conditions of release deny, increase or reduce bail
subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court allowing
or denying release bail pending appeal either party may apply
to the reviewing court having jurisdiction or to a justice
thereof sitting in vacation for an order altering the
conditions of release increasing or decreasing the amount of
bail or allowing or denying release bail pending appeal subject
to the provisions of Section 110-6.2.
(f) (Blank). When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment

HB3686 - 105 - LRB101 09843 SLF 54945 b
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as
bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf of a
defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
At the request of the defendant the court may order such

HB3686 - 106 - LRB101 09843 SLF 54945 b
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) (Blank). If the accused does not comply with the
conditions of the bail bond the court having jurisdiction shall
enter an order declaring the bail to be forfeited. Notice of
such order of forfeiture shall be mailed forthwith to the
accused at his last known address. If the accused does not
appear and surrender to the court having jurisdiction within 30
days from the date of the forfeiture or within such period
satisfy the court that appearance and surrender by the accused
is impossible and without his fault the court shall enter
judgment for the State if the charge for which the bond was
given was a felony or misdemeanor, or if the charge was
quasi-criminal or traffic, judgment for the political
subdivision of the State which prosecuted the case, against the
accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population of less
than 3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less costs,
retain the deposit for further disposition or, if a cash bond
was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of the
cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support or

HB3686 - 107 - LRB101 09843 SLF 54945 b
maintenance is due. The deposit made in accordance with
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision of
this State, or to the treasury of the county wherein the bond
was taken if the offense was a violation of any penal statute
of this State. The balance of the judgment may be enforced and
collected in the same manner as a judgment entered in a civil
action.
(h) (Blank). After a judgment for a fine and court costs or
either is entered in the prosecution of a cause in which a
deposit had been made in accordance with paragraph (a) the
balance of such deposit, after deduction of bail bond costs,
shall be applied to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or a
comparable offense of a unit of local government as specified
in Supreme Court Rule 551, and if the accused does not appear
in court on the date set for appearance or any date to which
the case may be continued and the court issues an arrest
warrant for the accused, based upon his or her failure to

HB3686 - 108 - LRB101 09843 SLF 54945 b
appear when having so previously been ordered to appear by the
court, the accused upon his or her release admission to bail
shall be assessed by the court a fee of $75. Payment of the fee
shall be a condition of release unless otherwise ordered by the
court. The fee shall be in addition to any bail that the
accused is required to deposit for the offense for which the
accused has been charged and may not be used for the payment of
court costs or fines assessed for the offense. The clerk of the
court shall remit $70 of the fee assessed to the arresting
agency who brings the offender in on the arrest warrant. If the
Department of State Police is the arresting agency, $70 of the
fee assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit into
the State Police Operations Assistance Fund. The clerk of the
court shall remit $5 of the fee assessed to the Circuit Court
Clerk Operation and Administrative Fund as provided in Section
27.3d of the Clerks of Courts Act.
(Source: P.A. 99-412, eff. 1-1-16.)
(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
Sec. 110-9. Release Taking of bail by peace officer. A
peace officer may When bail has been set by a judicial officer
for a particular offense or offender any sheriff or other peace
officer may take bail in accordance with the provisions of
Section 110-7 or 110-8 of this Code and release the offender to
appear in accordance with the conditions of release, the bail

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bond, the Notice to Appear, or the Summons. The officer shall
give a receipt to the offender for the bail so taken and within
a reasonable time deposit such bail with the clerk of the court
having jurisdiction of the offense. A sheriff or other peace
officer taking bail in accordance with the provisions of
Section 110-7 or 110-8 of this Code shall accept payments made
in the form of currency, and may accept other forms of payment
as the sheriff shall by rule authorize. For purposes of this
Section, "currency" has the meaning provided in subsection (a)
of Section 3 of the Currency Reporting Act.
(Source: P.A. 99-618, eff. 1-1-17.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of release 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 release 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;

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(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

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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 release
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 release bail, pursuant to
Section 110-6 of this Code. The court may change the conditions
of release 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

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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

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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 release 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

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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

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Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of release 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

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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

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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 release bail or
releasing the defendant on his or her 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 or she will:
1. Vacate the household.
2. Make payment of temporary support to his dependents.
3. Refrain from contact or communication with the child

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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 release bond forms for use in cases involving
family or household members as defined in Article 112A,
including specific conditions of release 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 released admitted to bail after
conviction the conditions of release the bail bond shall be
that he or she will, in addition to the conditions set forth in
subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;

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(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 released 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 release remaining on bond pending sentencing.
(Source: P.A. 99-797, eff. 8-12-16.)
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Release Bail on a new trial. If the judgment
of conviction is reversed and the cause remanded for a new
trial the trial court may order that the release bail stand
pending such trial, or alter the conditions of release imposed
reduce or increase bail.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address.
A defendant who has been released admitted to bail shall

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file a written notice with the clerk of the court before which
the proceeding is pending of any change in his or her address
within 24 hours after such change, except that a defendant who
has been released and the offense is admitted to bail for a
forcible felony as defined in Section 2-8 of the Criminal Code
of 2012 shall file a written notice with the clerk of the court
before which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice
to the State's Attorney charged with the prosecution within 24
hours prior to such change. The address of a defendant who has
been released admitted to bail shall at all times remain a
matter of public record with the clerk of the court.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
Sec. 110-16. Release Bail bond-forfeiture in same case or
absents self during trial-not eligible for release bailable.
If a person released admitted to bail on a felony charge
forfeits his or her release bond and fails to appear in court
during the 30 days immediately after such forfeiture, on being
taken into custody thereafter he or she shall not be released
bailable in the case in question, unless the court finds that
his or her absence was not for the purpose of obstructing
justice or avoiding prosecution.
(Source: P.A. 77-1447.)

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(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
Sec. 110-18. Reimbursement. The sheriff of each county
shall certify to the treasurer of each county the number of
days that persons had been detained in the custody of the
sheriff without release a bond being set as a result of an
order entered pursuant to Section 110-6.1 of this Code. The
county treasurer shall, no later than January 1, annually
certify to the Supreme Court the number of days that persons
had been detained without release bond during the twelve-month
period ending November 30. The Supreme Court shall reimburse,
from funds appropriated to it by the General Assembly for such
purposes, the treasurer of each county an amount of money for
deposit in the county general revenue fund at a rate of $50 per
day for each day that persons were detained in custody without
bail as a result of an order entered pursuant to Section
110-6.1 of this Code.
(Source: P.A. 85-892.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the

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Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section
112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid order of protection, which is authorized under
the laws of another state, tribe or United States
territory,
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have been
committed at the time of the violation of the domestic
violence order of protection; or
(2) The respondent commits the crime of child abduction
pursuant to Section 10-5 of the Criminal Code of 1961 or
the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to

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the remedies authorized under paragraphs (1), (5),
(6), or (8) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
domestic violence order of protection, which is
authorized under the laws of another state, tribe or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates Section
12-3.8 of the Criminal Code of 2012. Prosecution for a
violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of any
valid protective order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless where the act or acts which violated the protective
order were committed, to the extent consistent with the venue

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provisions of this Article. Nothing in this Article shall
preclude any Illinois court from enforcing any valid protective
order issued in another state. Illinois courts may enforce
protective orders through both criminal prosecution and
contempt proceedings, unless the action which is second in time
is barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Release
Bond shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of

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Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after respondent has actual knowledge of its contents as shown
through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this

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subsection (g), where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.

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(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to alter the conditions of release increase,
revoke, or modify the bail bond on an underlying
criminal charge pursuant to Section 110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
100-597, eff. 6-29-18.)
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest and an initial court
appearance for a non-capital felony or a misdemeanor, fails to
appear for trial, at the request of the State and after the
State has affirmatively proven through substantial evidence
that the defendant is willfully avoiding trial, the court may
commence trial in the absence of the defendant. Absence of a
defendant as specified in this Section shall not be a bar to
indictment of a defendant, return of information against a
defendant, or arraignment of a defendant for the charge for

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which release bail has been granted. If a defendant fails to
appear at arraignment, the court may enter a plea of "not
guilty" on his behalf. If a defendant absents himself before
trial on a capital felony, trial may proceed as specified in
this Section provided that the State certifies that it will not
seek a death sentence following conviction. Trial in the
defendant's absence shall be by jury unless the defendant had
previously waived trial by jury. The absent defendant must be
represented by retained or appointed counsel. The court, at the
conclusion of all of the proceedings, may order the clerk of
the circuit court to pay counsel such sum as the court deems
reasonable, from any bond monies which were posted by the
defendant with the clerk, after the clerk has first deducted
all court costs. If trial had previously commenced in the
presence of the defendant and the defendant willfully absents
himself for two successive court days, the court shall proceed
to trial. All procedural rights guaranteed by the United States
Constitution, Constitution of the State of Illinois, statutes
of the State of Illinois, and rules of court shall apply to the
proceedings the same as if the defendant were present in court
and had not either forfeited his bail bond or escaped from
custody. The court may set the case for a trial which may be
conducted under this Section despite the failure of the
defendant to appear at the hearing at which the trial date is
set. When such trial date is set the clerk shall send to the
defendant, by certified mail at his or her last known address

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indicated on his bond slip, notice of the new date which has
been set for trial. Such notification shall be required when
the defendant was not personally present in open court at the
time when the case was set for trial.
(b) The absence of a defendant from a trial conducted
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter
judgment for the defendant. Upon a verdict of guilty, the court
shall set a date for the hearing of post-trial motions and
shall hear such motion in the absence of the defendant. If
post-trial motions are denied, the court shall proceed to
conduct a sentencing hearing and to impose a sentence upon the
defendant.
(d) A defendant who is absent for part of the proceedings
of trial, post-trial motions, or sentencing, does not thereby
forfeit his right to be present at all remaining proceedings.
(e) When a defendant who in his absence has been either
convicted or sentenced or both convicted and sentenced appears
before the court, he must be granted a new trial or new
sentencing hearing if the defendant can establish that his
failure to appear in court was both without his fault and due
to circumstances beyond his control. A hearing with notice to
the State's Attorney on the defendant's request for a new trial

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or a new sentencing hearing must be held before any such
request may be granted. At any such hearing both the defendant
and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of the Unified Code of
Corrections. At any such hearing, both the defendant and the
State may offer evidence of the defendant's conduct during his
period of absence from the court. The court may impose any
sentence authorized by the Unified Code of Corrections and is
not in any way limited or restricted by any sentence previously
imposed.
(g) A defendant whose motion under paragraph (e) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal therefrom. Such notice may also include a
request for review of the judgment and sentence not vacated by
the trial court.
(Source: P.A. 90-787, eff. 8-14-98.)
(725 ILCS 5/102-7 rep.)
(725 ILCS 5/110-8 rep.)
(725 ILCS 5/110-13 rep.)
(725 ILCS 5/110-14 rep.)
(725 ILCS 5/110-15 rep.)
(725 ILCS 5/110-17 rep.)
Section 25. The Code of Criminal Procedure of 1963 is

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amended by repealing Sections 102-7, 110-8, 110-13, 110-14,
110-15, and 110-17.
Section 30. The Pretrial Services Act is amended by
changing Sections 20, 22, and 34 as follows:
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. In preparing and presenting its written reports
under Sections 17 and 19, pretrial services agencies shall in
appropriate cases include specific recommendations for
conditions of release the setting, increase, or decrease of
bail; the release of the interviewee on his or her own
recognizance in sums certain; and the imposition of pretrial
conditions of release to bail or recognizance designed to
minimize the risks of nonappearance, the commission of new
offenses while awaiting trial, and other potential
interference with the orderly administration of justice. In
establishing objective internal criteria of any such
recommendation policies, the agency may utilize so-called
"point scales" for evaluating the aforementioned risks, but no
interviewee shall be considered as ineligible for particular
agency recommendations by sole reference to such procedures.
(Source: P.A. 91-357, eff. 7-29-99.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. If so ordered by the court, the pretrial services

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agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of release the bail bond. A copy of the
uniform release order shall be provided to the defendant and
defendant's attorney of record, and the prosecutor.
(Source: P.A. 84-1449.)
(725 ILCS 185/34)
Sec. 34. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as the
Cindy Bischof Law, all probation and court services departments
are to be considered pretrial services agencies under this Act
and under the release bail bond provisions of the Code of
Criminal Procedure of 1963.
(Source: P.A. 96-341, eff. 8-11-09.)
Section 35. The Uniform Criminal Extradition Act is amended
by changing Section 16 as follows:
(725 ILCS 225/16) (from Ch. 60, par. 33)
Sec. 16. Bail; in what cases; conditions of bond.
Unless the offense with which the prisoner is charged is

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shown to be an offense punishable by death or life imprisonment
under the laws of the state in which it was committed, a judge
in this State may admit the person arrested to bail by bond,
with sufficient sureties, and in such sum as he deems proper,
conditioned for his appearance before him at a time specified
in such bond, and for his surrender, to be arrested upon the
warrant of the Governor of this State. Bail under this Act and
the procedures for it shall be as provided by Supreme Court
Rule.
(Source: P.A. 77-1256.)
Section 40. The Unified Code of Corrections is amended by
changing Section 5-6-4 as follows:
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the
County Probation Department or such other agency
designated by the court to handle probation matters; and in

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the case of conditional discharge or supervision
violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of
a sentence of county impact incarceration, such notice
shall be issued by the Sheriff;
(2) order a summons to the offender to be present for
hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or causing
serious harm to others or when the offender fails to answer
a summons or notice from the clerk of the court or Sheriff.
Personal service of the petition for violation of probation
or the issuance of such warrant, summons or notice shall toll
the period of probation, conditional discharge, supervision,
or sentence of county impact incarceration until the final
determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county
impact incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall release the defendant admit the
offender to bail pending the hearing unless the alleged
violation is itself a criminal offense in which case the
offender shall be released admitted to bail on such terms as
are provided in the Code of Criminal Procedure of 1963, as
amended. In any case where an offender remains incarcerated

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only as a result of his alleged violation of the court's
earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be
held within 14 days of the onset of said incarceration, unless
the alleged violation is the commission of another offense by
the offender during the period of probation, supervision or
conditional discharge in which case such hearing shall be held
within the time limits described in Section 103-5 of the Code
of Criminal Procedure of 1963, as amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence, with
or without modifying or enlarging the conditions, or may impose
any other sentence that was available under Article 4.5 of
Chapter V of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing. If the court

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finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing, except
for a sentence of probation or conditional discharge. If the
court finds that the offender has violated paragraph (8.6) of
subsection (a) of Section 5-6-3, the court shall revoke the
probation of the offender. If the court finds that the offender
has violated subsection (o) of Section 5-6-3.1, the court shall
revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact incarceration
may be modified by the court on motion of the supervising
agency or on its own motion or at the request of the offender
after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise. The
amount of credit to be applied against a sentence of

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imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall be
calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration, an agent or employee of the supervising agency
with the concurrence of his or her supervisor may serve on the
defendant a Notice of Intermediate Sanctions. The Notice shall
contain the technical violation or violations involved, the
date or dates of the violation or violations, and the
intermediate sanctions to be imposed. Upon receipt of the
Notice, the defendant shall immediately accept or reject the
intermediate sanctions. If the sanctions are accepted, they
shall be imposed immediately. If the intermediate sanctions are
rejected or the defendant does not respond to the Notice, a
violation of probation, conditional discharge, supervision, or
a sentence of county impact incarceration shall be immediately
filed with the court. The State's Attorney and the sentencing
court shall be notified of the Notice of Sanctions. Upon
successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision,
or a sentence of county impact incarceration or impose
additional sanctions for the same violation. A notice of
intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence

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of county impact incarceration which could warrant an
additional, separate felony charge. The intermediate sanctions
shall include a term of home detention as provided in Article
8A of Chapter V of this Code for multiple or repeat violations
of the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V.
(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09;
96-1200, eff. 7-22-10.)
Section 45. The County Jail Good Behavior Allowance Act is
amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)
Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person to
a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the
offense for which he is confined shall receive no good behavior
allowance; and (2) a person sentenced for an offense for which
the law provides a mandatory minimum sentence shall not receive

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any portion of a good behavior allowance that would reduce the
sentence below the mandatory minimum; and (3) a person
sentenced to a county impact incarceration program; and (4) a
person who is convicted of criminal sexual assault under
subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of
Section 12-13 of the Criminal Code of 1961 or the Criminal Code
of 2012, criminal sexual abuse, or aggravated criminal sexual
abuse shall receive no good behavior allowance. The good
behavior allowance provided for in this Section shall not apply
to individuals sentenced for a felony to probation or
conditional discharge where a condition of such probation or
conditional discharge is that the individual serve a sentence
of periodic imprisonment or to individuals sentenced under an
order of court for civil contempt.
Such good behavior allowance shall be cumulative and
awarded as provided in this Section.
The good behavior allowance rate shall be cumulative and
awarded on the following basis:
The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was
unable to post bail before sentencing, except that a prisoner
serving a sentence of periodic imprisonment under Section 5-7-1
of the Unified Code of Corrections shall only be eligible to

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receive good behavior allowance if authorized by the sentencing
judge. Each day of good behavior allowance shall reduce by one
day the prisoner's period of incarceration set by the court.
For the purpose of calculating a prisoner's good behavior
allowance, a fractional part of a day shall not be calculated
as a day of service of sentence in the county jail unless the
fractional part of the day is over 12 hours in which case a
whole day shall be credited on the good behavior allowance.
If consecutive sentences are served and the time served
amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 50. The Civil No Contact Order Act is amended by
changing Section 220 as follows:
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state.
(b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is

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barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding, shall be enforced by a criminal court when the
respondent commits the crime of violation of a civil no contact
order pursuant to Section 219 by having knowingly violated:
(1) remedies described in Section 213 and included in a
civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of another
state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of

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the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with the
venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of criminal
contempt sets forth facts evidencing an immediate danger
that the respondent will flee the jurisdiction or inflict
physical abuse on the petitioner or minor children or on
dependent adults in the petitioner's care, the court may
order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its

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contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsection (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees

HB3686 - 144 - LRB101 09843 SLF 54945 b
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court may
consider evidence of any previous violations of a civil no
contact order:
(i) to alter the conditions of release increase,

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revoke or modify the bail bond on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
Section 55. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 223 as follows:
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of an
order of protection pursuant to Section 12-3.4 or 12-30 of
the Criminal Code of 1961 or the Criminal Code of 2012, by
having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or

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(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child abduction
pursuant to Section 10-5 of the Criminal Code of 1961 or
the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under the
laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of any
valid Illinois order of protection, whether issued in a civil

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or criminal proceeding, may be enforced through civil or
criminal contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Act. Nothing in
this Act shall preclude any Illinois court from enforcing any
valid order of protection issued in another state. Illinois
courts may enforce orders of protection through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Bond shall
be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or

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non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8), or
(9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of

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the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsections (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is

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encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to alter the conditions of release increase,
revoke or modify the bail bond on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic

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imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court shall
impose an additional fine of $20 as authorized by Section
5-9-1.11 of the Unified Code of Corrections upon any person
convicted of or placed on supervision for a violation of an
order of protection. The additional fine shall be imposed
for each violation of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)
HB3686 - 152 - LRB101 09843 SLF 54945 b
INDEX
Statutes amended in order of appearance
625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103
705 ILCS 105/27.3a
705 ILCS 105/27.3b from Ch. 25, par. 27.3b
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 105/27.6
720 ILCS 5/32-10 from Ch. 38, par. 32-10
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-7 from Ch. 38, par. 103-7
725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/106D-1
725 ILCS 5/107-4 from Ch. 38, par. 107-4
725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/109-2 from Ch. 38, par. 109-2
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/110-1.5 new
725 ILCS 5/110-2 from Ch. 38, par. 110-2
725 ILCS 5/110-3 from Ch. 38, par. 110-3
725 ILCS 5/110-4 from Ch. 38, par. 110-4
725 ILCS 5/110-5 from Ch. 38, par. 110-5
725 ILCS 5/110-5.1
725 ILCS 5/110-6 from Ch. 38, par. 110-6
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
HB3686 - 153 - LRB101 09843 SLF 54945 b