Public Act 100-0001

SB2034 Enrolled LRB100 08699 RLC 18835 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

ARTICLE 1. BAIL REFORM

Section 1-1. This Article 1 may be referred to as the Bail

Reform Act of 2017.

Section 1-3. Legislative findings.

The General Assembly recognizes that the promotion of

public safety and protection of crime victim rights are 2 of

the main focuses of our State's criminal justice system; it

further acknowledges that protecting the rights of the accused

is central to the integrity of our State's criminal justice

system. With these focuses in mind, this amendatory Act of the

100th General Assembly establishes the Bail Reform Act of 2017

for the citizens of this State, in recognition that the

decision-making behind pre-trial release shall not focus on a

person's wealth and ability to afford monetary bail but shall

instead focus on a person's threat to public safety or risk of

failure to appear before a court of appropriate jurisdiction.

Section 1-5. The Criminal Code of 2012 is amended by

changing Section 33G-9 as follows:

(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(Section scheduled to be repealed on June 11, 2017)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 This Article is repealed on June 11,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

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.

(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.

(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

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

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 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

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.)

(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

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, 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.

(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

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

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

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.

(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