Sen. Bill Cunningham
Filed: 3/8/2017
 
 


 




10000SB1980sam001LRB100 11410 SLF 22506 a



1
AMENDMENT TO SENATE BILL 1980 




2 AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Sections 110-4 and 110-10 as follows:




6 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)



7 Sec. 110-4. Bailable Offenses. 

8 (a) All persons shall be bailable before conviction, except 
9the
following offenses where the proof is evident or the 
10presumption 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, 
 
 
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1 where the court after a hearing,
determines that the 
2 release of the defendant would pose a real and present

3 threat to the physical safety of any person or persons; 
4  (4) stalking or
aggravated stalking, where the court, 
5 after a hearing, determines that the
release of the 
6 defendant would pose a real and present threat to the

7 physical safety of the alleged victim of the offense and 
8 denial of bail
is necessary to prevent fulfillment of the 
9 threat upon which the charge
is based;
or 
10  (5) a violation of Section 24-1.1, 24-1.2, 24-1.2-5, 
11 24-1.6, 24-1.7, or 21-1.8 of the Criminal Code of 1961 or 
12 the Criminal Code of 2012 or unlawful use of weapons in 
13 violation of item (4) of subsection (a) of
Section 24-1 of 
14 the
Criminal Code of 1961 or the Criminal Code of 2012 when 
15 that offense occurred in a school or in any
conveyance 
16 owned,
leased, or contracted by a school to transport 
17 students to or from school or a
school-related
activity, or 
18 on any public way within 1,000 feet of real property 
19 comprising
any school, where
the court, after a hearing, 
20 determines that the release of the defendant would
pose a 
21 real and
present threat to the physical safety of any 
22 person and denial of bail is
necessary to prevent

23 fulfillment of that threat; or 
24  (6) making a terrorist threat in violation of
Section 
25 29D-20 of the Criminal Code of 1961 or the Criminal Code of 
26 2012 or an attempt to commit the offense of making a 
 
 
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1 terrorist threat, where the court, after a hearing, 
2 determines that the release of the defendant would pose a 
3 real and present threat to the physical safety of any 
4 person and denial of bail is necessary to prevent 
5 fulfillment of that threat.

6 (a-5) If bail is set for any offense under this Section 
7including, but not limited to, an offense in paragraph (5) of 
8subsection (a) of this Section, the State's Attorney may 
9request a source of bail hearing under subsection (b-5) of 
10Section 110-5 of this Article. 
11 (b) A person seeking release on bail who is charged with a 
12capital
offense or an offense for which a sentence of life 
13imprisonment may be
imposed shall not be bailable until a 
14hearing is held wherein such person
has the burden of 
15demonstrating that the proof of his guilt is not evident
and 
16the presumption is not great.

17 (c) Where it is alleged that bail should be denied to a 
18person upon the
grounds that the person presents a real and 
19present threat to the physical
safety of any person or persons, 
20the burden of proof of such allegations
shall be upon the 
21State.

22 (d) When it is alleged that bail should be denied to a 
23person
charged with stalking or aggravated stalking upon the 
24grounds set forth in
Section 110-6.3 of this Code, the burden 
25of proof of those allegations shall be
upon the State.

26(Source: P.A. 97-1150, eff. 1-25-13.)





 
 
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1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



2 Sec. 110-10. Conditions of bail bond. 

3 (a) If a person is released prior to conviction, either 
4upon payment of
bail security or on his or her own 
5recognizance, the conditions of the bail
bond shall be that he 
6or she will:


7  (1) Appear to answer the charge in the court having 
8 jurisdiction on
a day certain and thereafter as ordered by 
9 the court until discharged or
final order of the court;


10  (2) Submit himself or herself to the orders and process 
11 of the court;


12  (3) Not depart this State without leave of the court;


13  (4) Not violate any criminal statute of any 
14 jurisdiction;


15  (5) At a time and place designated by the court, 
16 surrender all firearms
in his or her possession to a law 
17 enforcement officer designated by the court
to take custody 
18 of and impound the firearms
and physically
surrender his or 
19 her Firearm Owner's Identification Card to the clerk of the

20 circuit court
when the offense the person has
been charged 
21 with is a forcible felony, stalking, aggravated stalking, 
22 domestic
battery, any violation of the Illinois Controlled 
23 Substances Act, the Methamphetamine Control and Community 
24 Protection Act, or the
Cannabis Control Act that is 
25 classified as a Class 2 or greater felony, a violation of 
 
 
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1 paragraph (4) of subsection (a) of Section 24-1 of the 
2 Criminal Code of 1961 or Criminal Code of 2012, when that 
3 offense occurred in a school or in any conveyance owned, 
4 leased, or contracted by a school to transport students to 
5 or from school or a school-related activity, or on any 
6 public way within 1,000 feet of real property comprising 
7 any school, or any
felony violation of Article 24 of the 
8 Criminal Code of 1961 or the Criminal Code of 2012; the 
9 court
may,
however, forgo the imposition of this condition 
10 when the
circumstances of the
case clearly do not warrant 
11 it or when its imposition would be
impractical;
if the 
12 Firearm Owner's Identification Card is confiscated, the 
13 clerk of the circuit court shall mail the confiscated card 
14 to the Illinois State Police; all legally possessed 
15 firearms shall be returned to the person upon
the charges 
16 being dismissed, or if the person is found not guilty, 
17 unless the
finding of not guilty is by reason of insanity; 
18 and


19  (6) At a time and place designated by the court, submit 
20 to a
psychological
evaluation when the person has been 
21 charged with a violation of item (4) of
subsection
(a) of 
22 Section 24-1 of the Criminal Code of 1961 or the Criminal 
23 Code of 2012 and that violation occurred in
a school
or in 
24 any conveyance owned, leased, or contracted by a school to 
25 transport
students to or
from school or a school-related 
26 activity, or on any public way within 1,000
feet of real

 
 
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1 property comprising any school.

2 Psychological evaluations ordered pursuant to this Section 
3shall be completed
promptly
and made available to the State, 
4the defendant, and the court. As a further
condition of bail 
5under
these circumstances, the court shall order the defendant 
6to refrain from
entering upon the
property of the school, 
7including any conveyance owned, leased, or contracted
by a 
8school to
transport students to or from school or a 
9school-related activity, or on any public way within
1,000 feet 
10of real property comprising any school. Upon receipt of the 
11psychological evaluation,
either the State or the defendant may 
12request a change in the conditions of bail, pursuant to
Section 
13110-6 of this Code. The court may change the conditions of bail 
14to include a
requirement that the defendant follow the 
15recommendations of the psychological evaluation,
including 
16undergoing psychiatric treatment. The conclusions of the

17psychological evaluation and
any statements elicited from the 
18defendant during its administration are not
admissible as 
19evidence
of guilt during the course of any trial on the charged 
20offense, unless the
defendant places his or her
mental 
21competency in issue.

22 (b) The court may impose other conditions, such as the 
23following, if the
court finds that such conditions are 
24reasonably necessary to assure the
defendant's appearance in 
25court, protect the public from the defendant, or
prevent the 
26defendant's unlawful interference with the orderly 
 
 
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1administration
of justice:


2  (1) Report to or appear in person before such person or 
3 agency as the
court may direct;


4  (2) Refrain from possessing a firearm or other 
5 dangerous weapon;


6  (3) Refrain from approaching or communicating with 
7 particular persons or
classes of persons;


8  (4) Refrain from going to certain described 
9 geographical areas or
premises;


10  (5) Refrain from engaging in certain activities or 
11 indulging in
intoxicating liquors or in certain drugs;


12  (6) Undergo treatment for drug addiction or 
13 alcoholism;


14  (7) Undergo medical or psychiatric treatment;


15  (8) Work or pursue a course of study or vocational 
16 training;


17  (9) Attend or reside in a facility designated by the 
18 court;


19  (10) Support his or her dependents;


20  (11) If a minor resides with his or her parents or in a 
21 foster home,
attend school, attend a non-residential 
22 program for youths, and contribute
to his or her own 
23 support at home or in a foster home;


24  (12) Observe any curfew ordered by the court;


25  (13) Remain in the custody of such designated person or 
26 organization
agreeing to supervise his release. Such third 
 
 
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1 party custodian shall be
responsible for notifying the 
2 court if the defendant fails to observe the
conditions of 
3 release which the custodian has agreed to monitor, and 
4 shall
be subject to contempt of court for failure so to 
5 notify the court;


6  (14) Be placed under direct supervision of the Pretrial 
7 Services
Agency, Probation Department or Court Services 
8 Department in a pretrial
bond home supervision capacity 
9 with or without the use of an approved
electronic 
10 monitoring device subject to Article 8A of Chapter V of the

11 Unified Code of Corrections;


12  (14.1) The court shall impose upon a defendant who is 
13 charged with any
alcohol, cannabis, methamphetamine, or 
14 controlled substance violation and is placed under
direct 
15 supervision of the Pretrial Services Agency, Probation 
16 Department or
Court Services Department in a pretrial bond 
17 home supervision capacity with
the use of an approved 
18 monitoring device, as a condition of such bail bond,
a fee 
19 that represents costs incidental to the electronic 
20 monitoring for each
day of such bail supervision ordered by 
21 the
court, unless after determining the inability of the 
22 defendant to pay the
fee, the court assesses a lesser fee 
23 or no fee as the case may be. The fee
shall be collected by 
24 the clerk of the circuit court, except as provided in an 
25 administrative order of the Chief Judge of the circuit 
26 court. The clerk of the
circuit court shall pay all monies 
 
 
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1 collected from this fee to the county
treasurer for deposit 
2 in the substance abuse services fund under Section
5-1086.1 
3 of the Counties Code, except as provided in an 
4 administrative order of the Chief Judge of the circuit 
5 court.
6  The Chief Judge of the circuit court of the county may 
7 by administrative order establish a program for electronic 
8 monitoring of offenders with regard to drug-related and 
9 alcohol-related offenses, in which a vendor supplies and 
10 monitors the operation of the electronic monitoring 
11 device, and collects the fees on behalf of the county. The 
12 program shall include provisions for indigent offenders 
13 and the collection of unpaid fees. The program shall not 
14 unduly burden the offender and shall be subject to review 
15 by the Chief Judge.
16  The Chief Judge of the circuit court may suspend any 
17 additional charges or fees for late payment, interest, or 
18 damage to any device;


19  (14.2) The court shall impose upon all defendants, 
20 including those
defendants subject to paragraph (14.1) 
21 above, 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 the use of an
approved monitoring device, as a 
25 condition of such bail bond, a fee
which shall represent 
26 costs incidental to such
electronic monitoring for each day 
 
 
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1 of such bail supervision ordered by the
court, unless after 
2 determining the inability of the defendant to pay the fee,

3 the court assesses a lesser fee or no fee as the case may 
4 be. The fee shall be
collected by the clerk of the circuit 
5 court, except as provided in an administrative order of the 
6 Chief Judge of the circuit court. The clerk of the circuit 
7 court
shall pay all monies collected from this fee to the 
8 county treasurer who shall
use the monies collected to 
9 defray the costs of corrections. The county
treasurer shall 
10 deposit the fee collected in the county working cash fund 
11 under
Section 6-27001 or Section 6-29002 of the Counties 
12 Code, as the case may
be, except as provided in an 
13 administrative order of the Chief Judge of the circuit 
14 court.
15  The Chief Judge of the circuit court of the county may 
16 by administrative order establish a program for electronic 
17 monitoring of offenders with regard to drug-related and 
18 alcohol-related offenses, in which a vendor supplies and 
19 monitors the operation of the electronic monitoring 
20 device, and collects the fees on behalf of the county. The 
21 program shall include provisions for indigent offenders 
22 and the collection of unpaid fees. The program shall not 
23 unduly burden the offender and shall be subject to review 
24 by the Chief Judge.
25  The Chief Judge of the circuit court may suspend any 
26 additional charges or fees for late payment, interest, or 
 
 
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1 damage to any device;


2  (14.3) The Chief Judge of the Judicial Circuit may 
3 establish reasonable
fees to be paid by a person receiving 
4 pretrial services while under supervision
of a pretrial 
5 services agency, probation department, or court services

6 department. Reasonable fees may be charged for pretrial 
7 services
including, but not limited to, pretrial 
8 supervision, diversion programs,
electronic monitoring, 
9 victim impact services, drug and alcohol testing, DNA 
10 testing, GPS electronic monitoring, assessments and 
11 evaluations related to domestic violence and other 
12 victims, and
victim mediation services. The person 
13 receiving pretrial services may be
ordered to pay all costs 
14 incidental to pretrial services in accordance with his
or 
15 her ability to pay those costs;


16  (14.4) For persons charged with violating Section 
17 11-501 of the Illinois
Vehicle Code, refrain from operating 
18 a motor vehicle not equipped with an
ignition interlock 
19 device, as defined in Section 1-129.1 of the Illinois

20 Vehicle Code,
pursuant to the rules promulgated by the 
21 Secretary of State for the
installation of ignition

22 interlock devices. Under this condition the court may allow 
23 a defendant who is
not
self-employed to operate a vehicle 
24 owned by the defendant's employer that is
not equipped with 
25 an ignition interlock device in the course and scope of the

26 defendant's employment;


 
 
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1  (15) Comply with the terms and conditions of an order 
2 of protection
issued by the court under the Illinois 
3 Domestic Violence Act of 1986 or an
order of protection 
4 issued by the court of another state, tribe, or United

5 States territory;


6  (16) Under Section 110-6.5 comply with the conditions 
7 of the drug testing
program; and


8  (17) Such other reasonable conditions as the court may 
9 impose.

10 (c) When a person is charged with an offense under Section 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

1212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
13Criminal Code of 2012, involving a victim who is a
minor under 
1418 years of age living in the same household with the defendant

15at the time of the offense, in granting bail or releasing the 
16defendant on
his own recognizance, the judge shall impose 
17conditions to restrict the
defendant's access to the victim 
18which may include, but are not limited to
conditions that he 
19will:


20  1. Vacate the household.


21  2. Make payment of temporary support to his dependents.


22  3. Refrain from contact or communication with the child 
23 victim, except
as ordered by the court.

24 (d) When a person is charged with a criminal offense and 
25the victim is
a family or household member as defined in 
26Article 112A, conditions shall
be imposed at the time of the 
 
 
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1defendant's release on bond that restrict the
defendant's 
2access to the victim.
Unless provided otherwise by the court, 
3the
restrictions shall include
requirements that the defendant 
4do the following:


5  (1) refrain from contact or communication with the 
6 victim for a
minimum period of 72 hours following the 
7 defendant's release; and


8  (2) refrain from entering or remaining at the victim's 
9 residence for a
minimum period of 72 hours following the 
10 defendant's release.

11 (e) Local law enforcement agencies shall develop 
12standardized bond forms
for use in cases involving family or 
13household members as defined in
Article 112A, including 
14specific conditions of bond as provided in
subsection (d). 
15Failure of any law enforcement department to develop or use

16those forms shall in no way limit the applicability and 
17enforcement of
subsections (d) and (f).

18 (f) If the defendant is admitted to bail after conviction 
19the
conditions of the bail bond shall be that he will, in 
20addition to the
conditions set forth in subsections (a) and (b) 
21hereof:


22  (1) Duly prosecute his appeal;


23  (2) Appear at such time and place as the court may 
24 direct;


25  (3) Not depart this State without leave of the court;


26  (4) Comply with such other reasonable conditions as the 
 
 
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1 court may
impose; and


2  (5) If the judgment is affirmed or the cause reversed 
3 and remanded
for a new trial, forthwith surrender to the 
4 officer from whose custody
he was bailed.

5 (g) Upon a finding of guilty for any felony offense, the 
6defendant shall
physically surrender, at a time and place 
7designated by the court,
any and all firearms in his or her 
8possession and his or her Firearm Owner's
Identification Card 
9as a condition of remaining on bond pending sentencing.

10(Source: P.A. 99-797, eff. 8-12-16.)".