|
(720 ILCS 5/33G-9) |
(Section scheduled to be repealed on June 11, 2017) |
Sec. 33G-9. Repeal. This Article is repealed on June 11, |
2022 5 years after it becomes law.
|
(Source: P.A. 97-686, eff. 6-11-12.)
|
Section 1-10. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by |
adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:
|
(725 ILCS 5/102-7.1 new) |
Sec. 102-7.1. "Category A offense". |
"Category A offense" means a Class 1 felony, Class 2 |
felony, Class X felony, first degree murder, a violation of |
Section 11-204 of the Illinois Vehicle Code, a second or |
subsequent violation of Section 11-501 of the Illinois Vehicle |
Code, a violation of subsection (d) of Section 11-501 of the |
Illinois Vehicle Code, a violation of Section 11-401 of the |
Illinois Vehicle Code if the accident results in injury and the |
person failed to report the accident within 30 minutes, a |
violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, |
11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, |
12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
12C-5, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code |
of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 |
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of the Criminal Code of 2012, a violation of paragraph (5) or |
(6) of subsection (b) of Section 10-9 of the Criminal Code of |
2012, a violation of subsection (b) or (c) or paragraph (1) or |
(2) of subsection (a) of Section 11-1.50 of the Criminal Code |
of 2012, a violation of Section 12-7 of the Criminal Code of |
2012 if the defendant inflicts bodily harm on the victim to |
obtain a confession, statement, or information, a violation of |
Section 12-7.5 of the Criminal Code of 2012 if the action |
results in bodily harm, a violation of paragraph (3) of |
subsection (b) of Section 17-2 of the Criminal Code of 2012, a |
violation of subdivision (a)(7)(ii) of Section 24-1 of the |
Criminal Code of 2012, a violation of paragraph (6) of |
subsection (a) of Section 24-1 of the Criminal Code of 2012, or |
a violation of Section 10 of the Sex Offender Registration Act.
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(725 ILCS 5/102-7.2 new) |
Sec. 102-7.2. "Category B offense". |
"Category B offense" means a business offense, petty |
offense, Class C misdemeanor, Class B misdemeanor, Class A |
misdemeanor, Class 3 felony, or Class 4 felony, which is not |
specified in Category A.
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(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
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Sec. 109-1. Person arrested.
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(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 |
bail to the defendant may
not be conducted by way of closed |
circuit television.
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(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 |
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;
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(4) Admit the defendant to bail in accordance with the |
provisions of
Article 110 of this Code; and
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(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 |
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. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190, |
eff. 1-1-16.)
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(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
|
Sec. 110-5. Determining the amount of bail and conditions |
of release.
|
(a) In determining the amount of monetary bail or |
conditions of release, if
any,
which will reasonably assure the |
appearance of a defendant as required or
the safety of any |
other person or the community and the likelihood of
compliance |
by the
defendant with all the conditions of bail, the court |
shall, on the
basis of available information, take into account |
such matters as the
nature and circumstances of the offense |
charged, whether the evidence
shows that as part of the offense |
there was a use of violence or threatened
use of violence, |
whether the offense involved corruption of public
officials or |
employees, whether there was physical harm or threats of |
physical
harm to any
public official, public employee, judge, |
prosecutor, juror or witness,
senior citizen, child, or person |
with a disability, whether evidence shows that
during the |
|
offense or during the arrest the defendant possessed or used a
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firearm, machine gun, explosive or metal piercing ammunition or |
explosive
bomb device or any military or paramilitary armament,
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whether the evidence
shows that the offense committed was |
related to or in furtherance of the
criminal activities of an |
organized gang or was motivated by the defendant's
membership |
in or allegiance to an organized gang,
the condition of the
|
victim, any written statement submitted by the victim or |
proffer or
representation by the State regarding the
impact |
which the alleged criminal conduct has had on the victim and |
the
victim's concern, if any, with further contact with the |
defendant if
released on bail, whether the offense was based on |
racial, religious,
sexual orientation or ethnic hatred,
the |
likelihood of the filing of a greater charge, the likelihood of
|
conviction, the sentence applicable upon conviction, the |
weight of the evidence
against such defendant, whether there |
exists motivation or ability to
flee, whether there is any |
verification as to prior residence, education,
or family ties |
in the local jurisdiction, in another county,
state or foreign |
country, the defendant's employment, financial resources,
|
character and mental condition, past conduct, prior use of |
alias names or
dates of birth, and length of residence in the |
community,
the consent of the defendant to periodic drug |
testing in accordance with
Section 110-6.5,
whether a foreign |
national defendant is lawfully admitted in the United
States of |
America, whether the government of the foreign national
|
|
maintains an extradition treaty with the United States by which |
the foreign
government will extradite to the United States its |
national for a trial for
a crime allegedly committed in the |
United States, whether the defendant is
currently subject to |
deportation or exclusion under the immigration laws of
the |
United States, whether the defendant, although a United States |
citizen,
is considered under the law of any foreign state a |
national of that state
for the purposes of extradition or |
non-extradition to the United States,
the amount of unrecovered |
proceeds lost as a result of
the alleged offense, the
source of |
bail funds tendered or sought to be tendered for bail,
whether |
from the totality of the court's consideration,
the loss of |
funds posted or sought to be posted for bail will not deter the
|
defendant from flight, whether the evidence shows that the |
defendant is
engaged in significant
possession, manufacture, |
or delivery of a controlled substance or cannabis,
either |
individually or in consort with others,
whether at the time of |
the offense
charged he 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 |
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) 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 |
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) 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.
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(2) Not oppressive.
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(3) Considerate of the financial ability of the |
accused.
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(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 |
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.
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(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.
|
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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 |
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 |
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 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, |
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 court may, in its discretion, order the 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. 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 |
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 |
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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.
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(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15; |
99-143, eff. 7-27-15.)
|
(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 the bail bond or grant bail where it has been |
previously
revoked or denied.
If bail has been previously |
revoked pursuant to subsection (f) of this
Section or if 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 bail
|
proceedings. If the court grants 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 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. |
(b) Violation of the conditions of Section
110-10 of this |
Code or any special conditions of bail as ordered by the
court |
shall constitute grounds for the court to increase
the amount |
of bail, or otherwise alter the conditions of bail, or, where
|
the alleged offense committed on 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 |
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 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 bail is charged with a |
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 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 bail as |
ordered by
the court the court may enter an order
increasing |
the amount of bail or alter the conditions of 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 bail for the |
alleged
commission of a felony, or where the defendant is on |
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, on the motion of the State
or its own |
motion, revoke bail
in accordance with the following |
provisions:
|
(1) The court shall hold the defendant without bail |
pending
the hearing on the alleged breach; however, if the |
defendant
is not 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 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 |
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 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 |
Control and Community Protection Act while admitted to |
bail, or where the
defendant is on 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 bail of
the defendant and hold |
the defendant for trial without 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 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
bail was |
revoked. 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 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 amount |
of bail heretofore 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 bond. The non-issuing court shall not alter |
another 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 the bail bond or granted bail where it has |
previously been revoked.
|
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/110-6.4 new) |
Sec. 110-6.4. Statewide risk assessment tool. |
The Supreme Court may establish a statewide |
risk-assessment tool to be used in proceedings to assist the |
court in establishing bail for a defendant by assessing the |
defendant's likelihood of appearing at future court |
proceedings or determining if the defendant poses a real and |
present threat to the physical safety of any person or persons. |
The Supreme Court shall consider establishing a |
risk-assessment tool that does not discriminate on the basis of |
race, gender, educational level, socio-economic status, or |
neighborhood. If a risk assessment tool is utilized within a |
circuit that does not require a personal interview to be |
completed, the Chief Judge of the circuit or the Director of |
the Pre-trial Services Agency may exempt the requirement under |
Section 9 and subsection (a) of Section 7 of the Pretrial |
Services Act. |
For the purpose of this Section, "risk assessment tool" |
means an empirically validated, evidence-based screening |
instrument that demonstrates reduced instances of a |
|
defendant's failure to appear for further court proceedings or |
prevents future criminal activity.
|
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
|
Sec. 110-14. Credit for incarceration on bailable offense; |
credit against monetary bail for certain offenses |
Incarceration on Bailable Offense. |
(a) Any person incarcerated on a bailable offense who does |
not supply
bail and against whom a fine is levied on conviction |
of the such offense
shall be allowed a credit of $5 for each |
day so incarcerated upon application
of the defendant. However,
|
in no case shall the amount so allowed or
credited exceed the |
amount of the fine. |
(b) Subsection (a) does not apply to a person incarcerated |
for sexual assault as defined in paragraph (1) of subsection |
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
|
(c) A person subject to bail on a Category B offense shall |
have $30 deducted from his or her monetary bail every day the |
person is incarcerated.
|
(Source: P.A. 93-699, eff. 1-1-05.)
|
ARTICLE 5. THREATENING PUBLIC OFFICIALS
|
Section 5-5. The Criminal Code of 2012 is amended by |
changing Section 12-9 as follows:
|
|
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
|
Sec. 12-9. Threatening public officials; human service |
providers.
|
(a) A person commits threatening a public official or human |
service provider when:
|
(1) that person knowingly delivers or conveys, |
directly
or indirectly, to a public official or human |
service provider by any means a communication:
|
(i) containing a threat that would place
the public |
official or human service provider or a member of his |
or her immediate family in reasonable
apprehension of |
immediate or future bodily harm, sexual assault, |
confinement,
or restraint; or
|
(ii) containing a threat that would place the |
public official
or human service provider or a member |
of his or her immediate family in reasonable |
apprehension that
damage will occur to property in the |
custody, care, or control of the public
official or his |
or her immediate family; and
|
(2) the threat was conveyed because of the performance |
or nonperformance
of some public duty or duty as a human |
service provider, because of hostility of the person making |
the threat
toward the status or position of the public |
official or the human service provider, or because of any
|
other factor related to the official's public existence.
|
(a-5) For purposes of a threat to a sworn law enforcement |
|
officer, the threat must contain specific facts indicative of a |
unique threat to the person, family or property of the officer |
and not a generalized threat of harm.
|
(a-6) For purposes of a threat to a social worker, |
caseworker, investigator, or human service provider, the |
threat must contain specific facts indicative of a unique |
threat to the person, family or property of the individual and |
not a generalized threat of harm. |
(b) For purposes of this Section:
|
(1) "Public official"
means a person who is elected to |
office in accordance with a statute or
who is appointed to |
an office which is established, and the qualifications
and |
duties of which are prescribed, by statute, to discharge a |
public duty
for the State or any of its political |
subdivisions or in the case of
an elective office any |
person who has filed the required documents for
nomination |
or election to such office. "Public official" includes a
|
duly
appointed assistant State's Attorney, assistant |
Attorney General, or Appellate Prosecutor; a sworn law |
enforcement or peace officer; a social worker, caseworker, |
attorney, or investigator employed by the Department of |
Healthcare and Family Services, the Department of Human |
Services, or the Department of Children and Family |
Services, or the Guardianship and Advocacy Commission; or |
an assistant public guardian, attorney, social worker, |
case manager, or investigator employed by a duly appointed |
|
public guardian.
|
(1.5) "Human service provider" means a social worker, |
case worker, or investigator employed by an agency or |
organization providing social work, case work, or |
investigative services under a contract with or a grant |
from the Department of Human Services, the Department of |
Children and Family Services, the Department of Healthcare |
and Family Services, or the Department on Aging.
|
(2) "Immediate family" means a
public official's |
spouse or child or children.
|
(c) Threatening a public official or human service provider |
is a Class 3 felony for a
first offense and a Class 2 felony for |
a second or subsequent offense.
|
(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)
|
ARTICLE 99. EFFECTIVE DATE
|
