Bill Text: IL SB1980 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that upon verified application by the Sheriff in whose custody the defendant has been remanded (in addition to current application by the State, the defendant, or the court 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 the bail bond or grant bail where it has been previously revoked or denied. Provides that if monetary bail has been set and the defendant has been unable to post the required amount to secure release from custody, 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 setting of bail, or the previous revocation or denial of bail proceedings. Provides that if the court grants bail where it has previously been revoked or denied, or increases or reduces the amount of bail, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1980 Detail]
Download: Illinois-2017-SB1980-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Sections 110-4 and 110-10 as follows:
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6 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
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7 | Sec. 110-4. Bailable Offenses.
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8 | (a) All persons shall be bailable before conviction, except | ||||||
9 | the
following offenses where the proof is evident or the | ||||||
10 | presumption great that
the defendant is guilty of the offense: | ||||||
11 | (1) capital offenses; | ||||||
12 | (2) offenses for
which a sentence of life imprisonment | ||||||
13 | may be imposed as a consequence of
conviction; | ||||||
14 | (3) felony offenses for which a sentence of | ||||||
15 | imprisonment,
without conditional and revocable release, | ||||||
16 | shall be imposed
by law as a consequence of conviction, | ||||||
17 | where the court after a hearing,
determines that the | ||||||
18 | release of the defendant would pose a real and present
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19 | threat to the physical safety of any person or persons; | ||||||
20 | (4) stalking or
aggravated stalking, where the court, | ||||||
21 | after a hearing, determines that the
release of the | ||||||
22 | defendant would pose a real and present threat to the
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23 | physical safety of the alleged victim of the offense and |
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1 | denial of bail
is necessary to prevent fulfillment of the | ||||||
2 | threat upon which the charge
is based;
or | ||||||
3 | (5) unlawful use of weapons in violation of item (4) of | ||||||
4 | subsection (a) of
Section 24-1 of the
Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012 when that offense occurred in | ||||||
6 | a school or in any
conveyance owned,
leased, or contracted | ||||||
7 | by a school to transport students to or from school or a
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8 | school-related
activity, or on any public way within 1,000 | ||||||
9 | feet of real property comprising
any school, a violation of | ||||||
10 | Section 24-1.2, 24-1.2-5, 24-1.6, or 24-1.7 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, or a violation | ||||||
12 | of Section 24-1.1 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 if the defendant has previously been | ||||||
14 | convicted of a forcible felony as defined in Section 2-8 of | ||||||
15 | the Criminal Code of 2012, where
the court, after a | ||||||
16 | hearing, determines that the release of the defendant would
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17 | pose a real and
present threat to the physical safety of | ||||||
18 | any person and denial of bail is
necessary to prevent
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19 | fulfillment of that threat; or | ||||||
20 | (6) making a terrorist threat in violation of
Section | ||||||
21 | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012 or an attempt to commit the offense of making a | ||||||
23 | terrorist threat, where the court, after a hearing, | ||||||
24 | determines that the release of the defendant would pose a | ||||||
25 | real and present threat to the physical safety of any | ||||||
26 | person and denial of bail is necessary to prevent |
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1 | fulfillment of that threat.
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2 | (a-5) If bail is set for any offense under this Section | ||||||
3 | including, but not limited to, an offense in paragraph (5) of | ||||||
4 | subsection (a) of this Section, the State's Attorney may | ||||||
5 | request a source of bail hearing under subsection (b-5) of | ||||||
6 | Section 110-5 of this Article. | ||||||
7 | (b) A person seeking release on bail who is charged with a | ||||||
8 | capital
offense or an offense for which a sentence of life | ||||||
9 | imprisonment may be
imposed shall not be bailable until a | ||||||
10 | hearing is held wherein such person
has the burden of | ||||||
11 | demonstrating that the proof of his guilt is not evident
and | ||||||
12 | the presumption is not great.
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13 | (c) Where it is alleged that bail should be denied to a | ||||||
14 | person upon the
grounds that the person presents a real and | ||||||
15 | present threat to the physical
safety of any person or persons, | ||||||
16 | the burden of proof of such allegations
shall be upon the | ||||||
17 | State.
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18 | (d) When it is alleged that bail should be denied to a | ||||||
19 | person
charged with stalking or aggravated stalking upon the | ||||||
20 | grounds set forth in
Section 110-6.3 of this Code, the burden | ||||||
21 | of proof of those allegations shall be
upon the State.
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22 | (Source: P.A. 97-1150, eff. 1-25-13.)
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23 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
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24 | Sec. 110-10. Conditions of bail bond.
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25 | (a) If a person is released prior to conviction, either |
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1 | upon payment of
bail security or on his or her own | ||||||
2 | recognizance, the conditions of the bail
bond shall be that he | ||||||
3 | or she will:
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4 | (1) Appear to answer the charge in the court having | ||||||
5 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
6 | the court until discharged or
final order of the court;
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7 | (2) Submit himself or herself to the orders and process | ||||||
8 | of the court;
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9 | (3) Not depart this State without leave of the court;
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10 | (4) Not violate any criminal statute of any | ||||||
11 | jurisdiction;
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12 | (5) At a time and place designated by the court, | ||||||
13 | surrender all firearms
in his or her possession to a law | ||||||
14 | enforcement officer designated by the court
to take custody | ||||||
15 | of and impound the firearms
and physically
surrender his or | ||||||
16 | her Firearm Owner's Identification Card to the clerk of the
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17 | circuit court
when the offense the person has
been charged | ||||||
18 | with is a forcible felony, stalking, aggravated stalking, | ||||||
19 | domestic
battery, any violation of the Illinois Controlled | ||||||
20 | Substances Act, the Methamphetamine Control and Community | ||||||
21 | Protection Act, or the
Cannabis Control Act that is | ||||||
22 | classified as a Class 2 or greater felony, or any
felony | ||||||
23 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 not subject to paragraph (5.5) of | ||||||
25 | this Section ; the court
may,
however, forgo the imposition | ||||||
26 | of this condition when the
circumstances of the
case |
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1 | clearly do not warrant it or when its imposition would be
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2 | impractical;
if the Firearm Owner's Identification Card is | ||||||
3 | confiscated, the clerk of the circuit court shall mail the | ||||||
4 | confiscated card to the Department of Illinois State | ||||||
5 | Police; all legally possessed firearms shall be returned to | ||||||
6 | the person upon
the charges being dismissed, or if the | ||||||
7 | person is found not guilty, unless the
finding of not | ||||||
8 | guilty is by reason of insanity; and
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9 | (5.5) At a time and place designated by the court, | ||||||
10 | surrender all firearms
in his or her possession to a law | ||||||
11 | enforcement officer designated by the court
to take custody | ||||||
12 | of and impound the firearms
and physically
surrender his or | ||||||
13 | her Firearm Owner's Identification Card to the clerk of the
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14 | circuit court
when the offense the person has
been charged | ||||||
15 | with is a violation of paragraph (4) of subsection (a) of | ||||||
16 | Section 24-1 of the Criminal Code of 1961 or Criminal Code | ||||||
17 | of 2012, when that offense occurred in a school or in any | ||||||
18 | conveyance owned, leased, or contracted by a school to | ||||||
19 | transport students to or from school or a school-related | ||||||
20 | activity, or on any public way within 1,000 feet of real | ||||||
21 | property comprising any school, a violation of Section | ||||||
22 | 24-1.2, 24-1.25, 24-1.6, or 24-4.7 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012, or a violation of | ||||||
24 | Section 24-1.1 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012 if the defendant has previously been convicted | ||||||
26 | of a forcible felony as defined in Section 2-8 of the |
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1 | Criminal Code of 2012; if the Firearm Owner's | ||||||
2 | Identification Card is confiscated, the clerk of the | ||||||
3 | circuit court shall mail the confiscated card to the | ||||||
4 | Department of State Police; all legally possessed firearms | ||||||
5 | shall be returned to the person upon
the charges being | ||||||
6 | dismissed, or if the person is found not guilty, unless the
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7 | finding of not guilty is by reason of insanity; or
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8 | (6) At a time and place designated by the court, submit | ||||||
9 | to a
psychological
evaluation when the person has been | ||||||
10 | charged with a violation of item (4) of
subsection
(a) of | ||||||
11 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012 and that violation occurred in
a school
or in | ||||||
13 | any conveyance owned, leased, or contracted by a school to | ||||||
14 | transport
students to or
from school or a school-related | ||||||
15 | activity, or on any public way within 1,000
feet of real
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16 | property comprising any school.
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17 | Psychological evaluations ordered pursuant to this Section | ||||||
18 | shall be completed
promptly
and made available to the State, | ||||||
19 | the defendant, and the court. As a further
condition of bail | ||||||
20 | under
these circumstances, the court shall order the defendant | ||||||
21 | to refrain from
entering upon the
property of the school, | ||||||
22 | including any conveyance owned, leased, or contracted
by a | ||||||
23 | school to
transport students to or from school or a | ||||||
24 | school-related activity, or on any public way within
1,000 feet | ||||||
25 | of real property comprising any school. Upon receipt of the | ||||||
26 | psychological evaluation,
either the State or the defendant may |
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1 | request a change in the conditions of bail, pursuant to
Section | ||||||
2 | 110-6 of this Code. The court may change the conditions of bail | ||||||
3 | to include a
requirement that the defendant follow the | ||||||
4 | recommendations of the psychological evaluation,
including | ||||||
5 | undergoing psychiatric treatment. The conclusions of the
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6 | psychological evaluation and
any statements elicited from the | ||||||
7 | defendant during its administration are not
admissible as | ||||||
8 | evidence
of guilt during the course of any trial on the charged | ||||||
9 | offense, unless the
defendant places his or her
mental | ||||||
10 | competency in issue.
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11 | (b) The court may impose other conditions, such as the | ||||||
12 | following, if the
court finds that such conditions are | ||||||
13 | reasonably necessary to assure the
defendant's appearance in | ||||||
14 | court, protect the public from the defendant, or
prevent the | ||||||
15 | defendant's unlawful interference with the orderly | ||||||
16 | administration
of justice:
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17 | (1) Report to or appear in person before such person or | ||||||
18 | agency as the
court may direct;
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19 | (2) Refrain from possessing a firearm or other | ||||||
20 | dangerous weapon;
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21 | (3) Refrain from approaching or communicating with | ||||||
22 | particular persons or
classes of persons;
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23 | (4) Refrain from going to certain described | ||||||
24 | geographical areas or
premises;
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25 | (5) Refrain from engaging in certain activities or | ||||||
26 | indulging in
intoxicating liquors or in certain drugs;
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1 | (6) Undergo treatment for drug addiction or | ||||||
2 | alcoholism;
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3 | (7) Undergo medical or psychiatric treatment;
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4 | (8) Work or pursue a course of study or vocational | ||||||
5 | training;
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6 | (9) Attend or reside in a facility designated by the | ||||||
7 | court;
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8 | (10) Support his or her dependents;
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9 | (11) If a minor resides with his or her parents or in a | ||||||
10 | foster home,
attend school, attend a non-residential | ||||||
11 | program for youths, and contribute
to his or her own | ||||||
12 | support at home or in a foster home;
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13 | (12) Observe any curfew ordered by the court;
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14 | (13) Remain in the custody of such designated person or | ||||||
15 | organization
agreeing to supervise his release. Such third | ||||||
16 | party custodian shall be
responsible for notifying the | ||||||
17 | court if the defendant fails to observe the
conditions of | ||||||
18 | release which the custodian has agreed to monitor, and | ||||||
19 | shall
be subject to contempt of court for failure so to | ||||||
20 | notify the court;
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21 | (14) Be placed under direct supervision of the Pretrial | ||||||
22 | Services
Agency, Probation Department or Court Services | ||||||
23 | Department in a pretrial
bond home supervision capacity | ||||||
24 | with or without the use of an approved
electronic | ||||||
25 | monitoring device subject to Article 8A of Chapter V of the
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26 | Unified Code of Corrections;
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1 | (14.1) The court shall impose upon a defendant who is | ||||||
2 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
3 | controlled substance violation and is placed under
direct | ||||||
4 | supervision of the Pretrial Services Agency, Probation | ||||||
5 | Department or
Court Services Department in a pretrial bond | ||||||
6 | home supervision capacity with
the use of an approved | ||||||
7 | monitoring device, as a condition of such bail bond,
a fee | ||||||
8 | that represents costs incidental to the electronic | ||||||
9 | monitoring for each
day of such bail supervision ordered by | ||||||
10 | the
court, unless after determining the inability of the | ||||||
11 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
12 | or no fee as the case may be. The fee
shall be collected by | ||||||
13 | the clerk of the circuit court, except as provided in an | ||||||
14 | administrative order of the Chief Judge of the circuit | ||||||
15 | court. The clerk of the
circuit court shall pay all monies | ||||||
16 | collected from this fee to the county
treasurer for deposit | ||||||
17 | in the substance abuse services fund under Section
5-1086.1 | ||||||
18 | of the Counties Code, except as provided in an | ||||||
19 | administrative order of the Chief Judge of the circuit | ||||||
20 | court. | ||||||
21 | The Chief Judge of the circuit court of the county may | ||||||
22 | by administrative order establish a program for electronic | ||||||
23 | monitoring of offenders with regard to drug-related and | ||||||
24 | alcohol-related offenses, in which a vendor supplies and | ||||||
25 | monitors the operation of the electronic monitoring | ||||||
26 | device, and collects the fees on behalf of the county. The |
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1 | program shall include provisions for indigent offenders | ||||||
2 | and the collection of unpaid fees. The program shall not | ||||||
3 | unduly burden the offender and shall be subject to review | ||||||
4 | by the Chief Judge. | ||||||
5 | The Chief Judge of the circuit court may suspend any | ||||||
6 | additional charges or fees for late payment, interest, or | ||||||
7 | damage to any device;
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8 | (14.2) The court shall impose upon all defendants, | ||||||
9 | including those
defendants subject to paragraph (14.1) | ||||||
10 | above, placed under direct supervision
of the Pretrial | ||||||
11 | Services Agency, Probation Department or Court Services
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12 | Department in a pretrial bond home supervision capacity | ||||||
13 | with the use of an
approved monitoring device, as a | ||||||
14 | condition of such bail bond, a fee
which shall represent | ||||||
15 | costs incidental to such
electronic monitoring for each day | ||||||
16 | of such bail supervision ordered by the
court, unless after | ||||||
17 | determining the inability of the defendant to pay the fee,
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18 | the court assesses a lesser fee or no fee as the case may | ||||||
19 | be. The fee shall be
collected by the clerk of the circuit | ||||||
20 | court, except as provided in an administrative order of the | ||||||
21 | Chief Judge of the circuit court. The clerk of the circuit | ||||||
22 | court
shall pay all monies collected from this fee to the | ||||||
23 | county treasurer who shall
use the monies collected to | ||||||
24 | defray the costs of corrections. The county
treasurer shall | ||||||
25 | deposit the fee collected in the county working cash fund | ||||||
26 | under
Section 6-27001 or Section 6-29002 of the Counties |
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1 | Code, as the case may
be, except as provided in an | ||||||
2 | administrative order of the Chief Judge of the circuit | ||||||
3 | court. | ||||||
4 | The Chief Judge of the circuit court of the county may | ||||||
5 | by administrative order establish a program for electronic | ||||||
6 | monitoring of offenders with regard to drug-related and | ||||||
7 | alcohol-related offenses, in which a vendor supplies and | ||||||
8 | monitors the operation of the electronic monitoring | ||||||
9 | device, and collects the fees on behalf of the county. The | ||||||
10 | program shall include provisions for indigent offenders | ||||||
11 | and the collection of unpaid fees. The program shall not | ||||||
12 | unduly burden the offender and shall be subject to review | ||||||
13 | by the Chief Judge. | ||||||
14 | The Chief Judge of the circuit court may suspend any | ||||||
15 | additional charges or fees for late payment, interest, or | ||||||
16 | damage to any device;
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17 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
18 | establish reasonable
fees to be paid by a person receiving | ||||||
19 | pretrial services while under supervision
of a pretrial | ||||||
20 | services agency, probation department, or court services
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21 | department. Reasonable fees may be charged for pretrial | ||||||
22 | services
including, but not limited to, pretrial | ||||||
23 | supervision, diversion programs,
electronic monitoring, | ||||||
24 | victim impact services, drug and alcohol testing, DNA | ||||||
25 | testing, GPS electronic monitoring, assessments and | ||||||
26 | evaluations related to domestic violence and other |
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1 | victims, and
victim mediation services. The person | ||||||
2 | receiving pretrial services may be
ordered to pay all costs | ||||||
3 | incidental to pretrial services in accordance with his
or | ||||||
4 | her ability to pay those costs;
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5 | (14.4) For persons charged with violating Section | ||||||
6 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
7 | a motor vehicle not equipped with an
ignition interlock | ||||||
8 | device, as defined in Section 1-129.1 of the Illinois
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9 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
10 | Secretary of State for the
installation of ignition
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11 | interlock devices. Under this condition the court may allow | ||||||
12 | a defendant who is
not
self-employed to operate a vehicle | ||||||
13 | owned by the defendant's employer that is
not equipped with | ||||||
14 | an ignition interlock device in the course and scope of the
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15 | defendant's employment;
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16 | (15) Comply with the terms and conditions of an order | ||||||
17 | of protection
issued by the court under the Illinois | ||||||
18 | Domestic Violence Act of 1986 or an
order of protection | ||||||
19 | issued by the court of another state, tribe, or United
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20 | States territory;
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21 | (16) Under Section 110-6.5 comply with the conditions | ||||||
22 | of the drug testing
program; and
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23 | (17) Such other reasonable conditions as the court may | ||||||
24 | impose.
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25 | (c) When a person is charged with an offense under Section | ||||||
26 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
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1 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
3 | 18 years of age living in the same household with the defendant
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4 | at the time of the offense, in granting bail or releasing the | ||||||
5 | defendant on
his own recognizance, the judge shall impose | ||||||
6 | conditions to restrict the
defendant's access to the victim | ||||||
7 | which may include, but are not limited to
conditions that he | ||||||
8 | will:
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9 | 1. Vacate the household.
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10 | 2. Make payment of temporary support to his dependents.
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11 | 3. Refrain from contact or communication with the child | ||||||
12 | victim, except
as ordered by the court.
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13 | (d) When a person is charged with a criminal offense and | ||||||
14 | the victim is
a family or household member as defined in | ||||||
15 | Article 112A, conditions shall
be imposed at the time of the | ||||||
16 | defendant's release on bond that restrict the
defendant's | ||||||
17 | access to the victim.
Unless provided otherwise by the court, | ||||||
18 | the
restrictions shall include
requirements that the defendant | ||||||
19 | do the following:
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20 | (1) refrain from contact or communication with the | ||||||
21 | victim for a
minimum period of 72 hours following the | ||||||
22 | defendant's release; and
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23 | (2) refrain from entering or remaining at the victim's | ||||||
24 | residence for a
minimum period of 72 hours following the | ||||||
25 | defendant's release.
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26 | (e) Local law enforcement agencies shall develop |
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1 | standardized bond forms
for use in cases involving family or | ||||||
2 | household members as defined in
Article 112A, including | ||||||
3 | specific conditions of bond as provided in
subsection (d). | ||||||
4 | Failure of any law enforcement department to develop or use
| ||||||
5 | those forms shall in no way limit the applicability and | ||||||
6 | enforcement of
subsections (d) and (f).
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7 | (f) If the defendant is admitted to bail after conviction | ||||||
8 | the
conditions of the bail bond shall be that he will, in | ||||||
9 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
10 | hereof:
| ||||||
11 | (1) Duly prosecute his appeal;
| ||||||
12 | (2) Appear at such time and place as the court may | ||||||
13 | direct;
| ||||||
14 | (3) Not depart this State without leave of the court;
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15 | (4) Comply with such other reasonable conditions as the | ||||||
16 | court may
impose; and
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17 | (5) If the judgment is affirmed or the cause reversed | ||||||
18 | and remanded
for a new trial, forthwith surrender to the | ||||||
19 | officer from whose custody
he was bailed.
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20 | (g) Upon a finding of guilty for any felony offense, the | ||||||
21 | defendant shall
physically surrender, at a time and place | ||||||
22 | designated by the court,
any and all firearms in his or her | ||||||
23 | possession and his or her Firearm Owner's
Identification Card | ||||||
24 | as a condition of remaining on bond pending sentencing.
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25 | (Source: P.A. 99-797, eff. 8-12-16.)
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