Bill Text: IL HB3773 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Requires the court to release a defendant charged with possession of less than 1 gram of heroin, possession of less than 1 gram of cocaine, or possession of less than 10 grams of cannabis on his or own recognizance if certain criteria are met. If the release on own recognizance criteria are not met and the court finds that monetary bail is not necessary to secure the appearance of the defendant, the court may require the defendant's monitoring under electronic surveillance as a condition of his or her release.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3773 Detail]

Download: Illinois-2013-HB3773-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3773 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-2 from Ch. 38, par. 110-2
725 ILCS 5/110-5 from Ch. 38, par. 110-5
Amends the Code of Criminal Procedure of 1963. Requires the court to release a defendant charged with possession of less than 1 gram of heroin, possession of less than 1 gram of cocaine, or possession of less than 10 grams of cannabis on his or own recognizance if certain criteria are met. If the release on own recognizance criteria are not met and the court finds that monetary bail is not necessary to secure the appearance of the defendant, the court may require the defendant's monitoring under electronic surveillance as a condition of his or her release.
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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 Code of Criminal Procedure of 1963 is
amended by changing Sections 110-2 and 110-5 as follows:
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance.
(a) Except as provided in subsection (b), when 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 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.
(b) When a defendant is charged with possession of less
than 1 gram of heroin, possession of less than 1 gram of
cocaine, or possession of less than 10 grams of cannabis,
unless there is a reasonable belief that there is an urgent and
immediate necessity for the defendant to be in custody, the
court shall release the defendant on his or her own

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recognizance if the court finds that the defendant:
(1) is at least 18 years of age;
(2) was not engaged in the commission of another
offense other than possession of less than 1 gram of
heroin, possession of less than 1 gram of cocaine, or
possession of less than 10 grams of cannabis;
(3) produced satisfactory evidence of his or her
identity;
(4) has not exhibited behavior which required the
arresting officer, a correctional officer, or correctional
employee to exert physical force to effectuate the arrest
or control the defendant;
(5) has not demonstrated behavior that would pose a
danger to any person or the community;
(6) has not been convicted or found guilty in any
jurisdiction as an adult or juvenile for a violation
involving the use or threat of physical force or violence;
(7) is not the subject of a pending arrest warrant,
prosecution, order of protection, or other criminal
proceeding; and
(8) will comply with all conditions of 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.
(c) The defendant's address shall at all times remain a

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matter of public record with the clerk of the court.
(d) A failure to appear as required by the such
recognizance shall constitute an offense subject to the penalty
provided in Section 32-10 of the Criminal Code of 2012 for
violation of 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.
(e) 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 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.
(f) The State may appeal any order permitting release by
personal recognizance.
(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 the amount of monetary bail or

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conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child or
handicapped person, whether evidence shows that during the
offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang, the condition of the
victim, any written statement submitted by the victim or
proffer or representation by the State regarding the impact
which the alleged criminal conduct has had on the victim and
the victim's concern, if any, with further contact with the
defendant if released on bail, whether the offense was based on
racial, religious, sexual orientation or ethnic hatred, the

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likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the
weight of the evidence against such defendant, whether there
exists motivation or ability to flee, whether there is any
verification as to prior residence, education, or family ties
in the local jurisdiction, in another county, state or foreign
country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of
alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug
testing in accordance with Section 110-6.5, whether a foreign
national defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by which
the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the
United States, whether the defendant is currently subject to
deportation or exclusion under the immigration laws of the
United States, whether the defendant, although a United States
citizen, is considered under the law of any foreign state a
national of that state for the purposes of extradition or
non-extradition to the United States, the amount of unrecovered
proceeds lost as a result of the alleged offense, the source of
bail funds tendered or sought to be tendered for bail, whether
from the totality of the court's consideration, the loss of
funds posted or sought to be posted for bail will not deter the

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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 on bond or pre-trial release
pending trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, 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

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sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
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) When a defendant is charged with possession of less

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than 1 gram of heroin, possession of less than 1 gram of
cocaine, or possession of less than 10 grams of cannabis, if
the court finds that the defendant does not meet the
requirements for release on own recognizance under subsection
(b) of Section 110-2 of this Code and that monetary bail is not
necessary to secure the appearance of the defendant, the court
may place the defendant on electronic monitoring as a condition
of his or her release under paragraph (14) of subsection (b) of
Section 110-10 of this Code.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at all
times remain a matter of public record with the clerk of
the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and

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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
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) 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

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whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
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) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or setting
a given amount for bail.
(f) When a person is charged with a violation of an order

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of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012,
(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 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

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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 court may, in its discretion, order the respondent to
undergo a risk assessment evaluation conducted by an Illinois
Department of Human Services approved partner abuse
intervention program provider, pretrial service, probation, or
parole agency. 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 collected from the 12 points to be
considered at a bail hearing for a violation of an order of
protection, 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.

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(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)