Rep. Elgie R. Sims, Jr.
Filed: 5/29/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 2034




2 AMENDMENT NO. ______. Amend Senate Bill 2034 by replacing 
3everything after the enacting clause with the following:


4
"ARTICLE 1. BAIL REFORM


5 Section 1-1. This Article 1 may be referred to as the Bail 
6Reform Act of 2017.

7 Section 1-3. Legislative findings.
8 The General Assembly recognizes that the promotion of 
9public safety and protection of crime victim rights are 2 of 
10the main focuses of our State's criminal justice system; it 
11further acknowledges that protecting the rights of the accused 
12is central to the integrity of our State's criminal justice 
13system. With these focuses in mind, this amendatory Act of the 
14100th General Assembly establishes the Bail Reform Act of 2017 
15for the citizens of this State, in recognition that the 
 
 
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1decision-making behind pre-trial release shall not focus on a 
2person's wealth and ability to afford monetary bail but shall 
3instead focus on a person's threat to public safety or risk of 
4failure to appear before a court of appropriate jurisdiction.

5 Section 1-5. The Criminal Code of 2012 is amended by 
6changing Section 33G-9 as follows:

7 (720 ILCS 5/33G-9)
8 (Section scheduled to be repealed on June 11, 2017)
9 Sec. 33G-9. Repeal. This Article is repealed on June 11, 
102022 5 years after it becomes law.

11(Source: P.A. 97-686, eff. 6-11-12.)

12 Section 1-10. The Code of Criminal Procedure of 1963 is 
13amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by 
14adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:

15 (725 ILCS 5/102-7.1 new)
16 Sec. 102-7.1. "Category A offense".
17 "Category A offense" means a Class 2 felony, Class X 
18felony, first degree murder, a violation of Section 11-204 of 
19the Illinois Vehicle Code, a second or subsequent violation of 
20Section 11-501 of the Illinois Vehicle Code, a violation of 
21subsection (d) of Section 11-501 of the Illinois Vehicle Code, 
22a violation of Section 11-401 of the Illinois Vehicle Code if 
 
 
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1the accident results in injury and the person failed to report 
2the accident within 30 minutes, a violation of Section 9-3, 
39-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 
411-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 
512-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.5, 24-3, 
625-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
7subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
8of 2012, a violation of paragraph (5) or (6) of subsection (b) 
9of Section 10-9 of the Criminal Code of 2012, a violation of 
10subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
11of Section 11-1.50 of the Criminal Code of 2012, a violation of 
12Section 12-7 of the Criminal Code of 2012 if the defendant 
13inflicts bodily harm on the victim to obtain a confession, 
14statement, or information, a violation of Section 12-7.5 of the 
15Criminal Code of 2012 if the action results in bodily harm, a 
16violation of paragraph (3) of subsection (b) of Section 17-2 of 
17the Criminal Code of 2012, a violation of subdivision 
18(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
19violation of paragraph (6) of subsection (a) of Section 24-1 of 
20the Criminal Code of 2012, or a violation of Section 10 of the 
21Sex Offender Registration Act. 

22 (725 ILCS 5/102-7.2 new)
23 Sec. 102-7.2. "Category B offense".
24 "Category B offense" means a business offense, petty 
25offense, Class C misdemeanor, Class B misdemeanor, Class A 
 
 
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1misdemeanor, Class 3 felony, or Class 4 felony, which is not 
2specified in Category A. 



3 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)



4 Sec. 109-1. Person arrested. 

5 (a) A person arrested with or without a warrant shall be 
6taken without
unnecessary delay before the nearest and most 
7accessible judge
in that county, except when such county is a 
8participant in a
regional jail authority, in which event such 
9person may be taken to the
nearest and most accessible judge, 
10irrespective of the county where such
judge presides,
and a 
11charge shall be filed.
Whenever a person arrested either with 
12or without a warrant is required
to be taken
before a judge, a 
13charge
may be filed against such person by way of a two-way 
14closed circuit
television system, except that a hearing to deny 
15bail to the defendant may
not be conducted by way of closed 
16circuit television.

17 (a-5) A person charged with an offense shall be allowed 
18counsel at the hearing at which bail is determined under 
19Article 110 of this Code. If the defendant desires counsel for 
20his or her initial appearance but is unable to obtain counsel, 
21the court shall appoint a public defender or licensed attorney 
22at law of this State to represent him or her for purposes of 
23that hearing.
24 (b) The judge shall:

25  (1) Inform the defendant of the charge against him and 
 
 
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1 shall provide him
with a copy of the charge;

2  (2) Advise the defendant of his right to counsel and if 
3 indigent shall
appoint a public defender or licensed 
4 attorney at law of this State to
represent him in 
5 accordance with the provisions of Section 113-3 of this

6 Code;

7  (3) Schedule a preliminary hearing in appropriate 
8 cases;


9  (4) Admit the defendant to bail in accordance with the 
10 provisions of
Article 110 of this Code; and

11  (5) Order the confiscation of the person's passport or 
12 impose travel restrictions on a defendant arrested for 
13 first degree murder or other violent crime as defined in 
14 Section 3 of the Rights of Crime Victims and Witnesses Act, 
15 if the judge determines, based on the factors in Section 
16 110-5 of this Code, that this will reasonably ensure the 
17 appearance of the defendant and compliance by the defendant 
18 with all conditions of release. 
19 (c) The court may issue an order of protection in 
20accordance with
the provisions of Article 112A of this Code.

21 (d) At the initial appearance of a defendant in any 
22criminal proceeding, the court must advise the defendant in 
23open court that any foreign national who is arrested or 
24detained has the right to have notice of the arrest or 
25detention given to his or her country's consular 
26representatives and the right to communicate with those 
 
 
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1consular representatives if the notice has not already been 
2provided. The court must make a written record of so advising 
3the defendant.
4 (e) If consular notification is not provided to a defendant 
5before his or her first appearance in court, the court shall 
6grant any reasonable request for a continuance of the 
7proceedings to allow contact with the defendant's consulate. 
8Any delay caused by the granting of the request by a defendant 
9shall temporarily suspend for the time of the delay the period 
10within which a person shall be tried as prescribed by 
11subsections (a), (b), or (e) of Section 103-5 of this Code and 
12on the day of the expiration of delay the period shall continue 
13at the point at which it was suspended. 
14(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190, 
15eff. 1-1-16.)




16 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)


17 Sec. 110-5. Determining the amount of bail and conditions 
18of release. 

19 (a) In determining the amount of monetary bail or 
20conditions of release, if
any,
which will reasonably assure the 
21appearance of a defendant as required or
the safety of any 
22other person or the community and the likelihood of
compliance 
23by the
defendant with all the conditions of bail, the court 
24shall, on the
basis of available information, take into account 
25such matters as the
nature and circumstances of the offense 
 
 
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1charged, whether the evidence
shows that as part of the offense 
2there was a use of violence or threatened
use of violence, 
3whether the offense involved corruption of public
officials or 
4employees, whether there was physical harm or threats of 
5physical
harm to any
public official, public employee, judge, 
6prosecutor, juror or witness,
senior citizen, child, or person 
7with a disability, whether evidence shows that
during the 
8offense or during the arrest the defendant possessed or used a

9firearm, machine gun, explosive or metal piercing ammunition or 
10explosive
bomb device or any military or paramilitary armament,

11whether the evidence
shows that the offense committed was 
12related to or in furtherance of the
criminal activities of an 
13organized gang or was motivated by the defendant's
membership 
14in or allegiance to an organized gang,
the condition of the

15victim, any written statement submitted by the victim or 
16proffer or
representation by the State regarding the
impact 
17which the alleged criminal conduct has had on the victim and 
18the
victim's concern, if any, with further contact with the 
19defendant if
released on bail, whether the offense was based on 
20racial, religious,
sexual orientation or ethnic hatred,
the 
21likelihood of the filing of a greater charge, the likelihood of

22conviction, the sentence applicable upon conviction, the 
23weight of the evidence
against such defendant, whether there 
24exists motivation or ability to
flee, whether there is any 
25verification as to prior residence, education,
or family ties 
26in the local jurisdiction, in another county,
state or foreign 
 
 
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1country, the defendant's employment, financial resources,

2character and mental condition, past conduct, prior use of 
3alias names or
dates of birth, and length of residence in the 
4community,
the consent of the defendant to periodic drug 
5testing in accordance with
Section 110-6.5,
whether a foreign 
6national defendant is lawfully admitted in the United
States of 
7America, whether the government of the foreign national

8maintains an extradition treaty with the United States by which 
9the foreign
government will extradite to the United States its 
10national for a trial for
a crime allegedly committed in the 
11United States, whether the defendant is
currently subject to 
12deportation or exclusion under the immigration laws of
the 
13United States, whether the defendant, although a United States 
14citizen,
is considered under the law of any foreign state a 
15national of that state
for the purposes of extradition or 
16non-extradition to the United States,
the amount of unrecovered 
17proceeds lost as a result of
the alleged offense, the
source of 
18bail funds tendered or sought to be tendered for bail,
whether 
19from the totality of the court's consideration,
the loss of 
20funds posted or sought to be posted for bail will not deter the

21defendant from flight, whether the evidence shows that the 
22defendant is
engaged in significant
possession, manufacture, 
23or delivery of a controlled substance or cannabis,
either 
24individually or in consort with others,
whether at the time of 
25the offense
charged he or she was on bond or pre-trial release 
26pending trial, probation,
periodic imprisonment or conditional 
 
 
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1discharge pursuant to this Code or the
comparable Code of any 
2other state or federal jurisdiction, whether the
defendant is 
3on bond or
pre-trial release pending the imposition or 
4execution of sentence or appeal of
sentence for any offense 
5under the laws of Illinois or any other state or
federal 
6jurisdiction, whether the defendant is under parole, aftercare 
7release, mandatory
supervised release, or
work release from the 
8Illinois Department of Corrections or Illinois Department of 
9Juvenile Justice or any penal
institution or corrections 
10department of any state or federal
jurisdiction, the 
11defendant's record of convictions, whether the defendant has 
12been
convicted of a misdemeanor or ordinance offense in 
13Illinois or similar
offense in other state or federal 
14jurisdiction within the 10 years
preceding the current charge 
15or convicted of a felony in Illinois, whether
the defendant was 
16convicted of an offense in another state or federal

17jurisdiction that would
be a felony if committed in Illinois 
18within the 20 years preceding the
current charge or has been 
19convicted of such felony and released from the
penitentiary 
20within 20 years preceding the current charge if a
penitentiary 
21sentence was imposed in Illinois or other state or federal

22jurisdiction, the defendant's records of juvenile adjudication 
23of delinquency in any
jurisdiction, any record of appearance or 
24failure to appear by
the defendant at
court proceedings, 
25whether there was flight to avoid arrest or
prosecution, 
26whether the defendant escaped or
attempted to escape to avoid 
 
 
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1arrest, whether the defendant refused to
identify himself or 
2herself, or whether there was a refusal by the defendant to be

3fingerprinted as required by law. Information used by the court 
4in its
findings or stated in or
offered in connection with this 
5Section may be by way of proffer based upon
reliable 
6information offered by the State or defendant.
All evidence 
7shall be admissible if it is relevant and
reliable regardless 
8of whether it would be admissible under the rules of
evidence 
9applicable at criminal trials.
If the State presents evidence 
10that the offense committed by the defendant
was related to or 
11in furtherance of the criminal activities of an organized
gang 
12or was motivated by the defendant's membership in or allegiance 
13to an
organized gang, and if the court determines that the 
14evidence may be
substantiated, the court shall prohibit the 
15defendant from associating with
other members of the organized 
16gang as a condition of bail or release.
For the purposes of 
17this Section,
"organized gang" has the meaning ascribed to it 
18in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
19Prevention Act.

20 (a-5) There shall be a presumption that any conditions of 
21release imposed shall be non-monetary in nature and the court 
22shall impose the least restrictive conditions or combination of 
23conditions necessary to reasonably assure the appearance of the 
24defendant for further court proceedings and protect the 
25integrity of
the judicial proceedings from a specific threat to 
26a witness or
participant. Conditions of release may include, 
 
 
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1but not be limited to, electronic home monitoring, curfews, 
2drug counseling, stay-away orders, and in-person reporting. 
3The court shall consider the defendant's socio-economic 
4circumstance when setting conditions of release or imposing 
5monetary bail. 
6 (b) The amount of bail shall be:

7  (1) Sufficient to assure compliance with the 
8 conditions set forth in the
bail bond, which shall include 
9 the defendant's current address with a written

10 admonishment to the defendant that he or she must comply 
11 with the provisions of
Section 110-12 regarding any change 
12 in his or her address. The defendant's
address shall at all 
13 times remain a matter of public record with the clerk
of 
14 the court.

15  (2) Not oppressive.

16  (3) Considerate of the financial ability of the 
17 accused.

18  (4) When a person is charged with a drug related 
19 offense involving
possession or delivery of cannabis or 
20 possession or delivery of a
controlled substance as defined 
21 in the Cannabis Control Act,
the Illinois Controlled 
22 Substances Act, or the Methamphetamine Control and 
23 Community Protection Act, the full street value
of the 
24 drugs seized shall be considered. "Street value" shall be

25 determined by the court on the basis of a proffer by the 
26 State based upon
reliable information of a law enforcement 
 
 
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1 official contained in a written
report as to the amount 
2 seized and such proffer may be used by the court as
to the 
3 current street value of the smallest unit of the drug 
4 seized.

5 (b-5) Upon the filing of a written request demonstrating 
6reasonable cause, the State's Attorney may request a source of 
7bail hearing either before or after the posting of any funds.

8If the hearing is granted, before the posting of any bail, the 
9accused must file a written notice requesting that the court 
10conduct a source of bail hearing. The notice must be 
11accompanied by justifying affidavits stating the legitimate 
12and lawful source of funds for bail. At the hearing, the court 
13shall inquire into any matters stated in any justifying 
14affidavits, and may also inquire into matters appropriate to 
15the determination which shall include, but are not limited to, 
16the following:
17  (1) the background, character, reputation, and 
18 relationship to the accused of any surety; and
19  (2) the source of any money or property deposited by 
20 any surety, and whether any such money or property 
21 constitutes the fruits of criminal or unlawful conduct; and
22  (3) the source of any money posted as cash bail, and 
23 whether any such money constitutes the fruits of criminal 
24 or unlawful conduct; and
25  (4) the background, character, reputation, and 
26 relationship to the accused of the person posting cash 
 
 
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1 bail.
2 Upon setting the hearing, the court shall examine, under 
3oath, any persons who may possess material information.
4 The State's Attorney has a right to attend the hearing, to 
5call witnesses and to examine any witness in the proceeding. 
6The court shall, upon request of the State's Attorney, continue 
7the proceedings for a reasonable period to allow the State's 
8Attorney to investigate the matter raised in any testimony or 
9affidavit.
If the hearing is granted after the accused has 
10posted bail, the court shall conduct a hearing consistent with 
11this subsection (b-5). At the conclusion of the hearing, the 
12court must issue an order either approving of disapproving the 
13bail.

14 (c) When a person is charged with an offense punishable by 
15fine only the
amount of the bail shall not exceed double the 
16amount of the maximum penalty.

17 (d) When a person has been convicted of an offense and only 
18a fine has
been imposed the amount of the bail shall not exceed 
19double the amount of
the fine.

20 (e) The State may appeal any order granting bail or setting

21a given amount for bail.
22 (f) When a person is charged with a violation of an order 
23of protection under Section 12-3.4 or 12-30 of the Criminal 
24Code of 1961 or the Criminal Code of 2012 or when a person is 
25charged with domestic battery, aggravated domestic battery, 
26kidnapping, aggravated kidnaping, unlawful restraint, 
 
 
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1aggravated unlawful restraint, stalking, aggravated stalking, 
2cyberstalking, harassment by telephone, harassment through 
3electronic communications, or an attempt to commit first degree 
4murder committed against an intimate partner regardless 
5whether an order of protection has been issued against the 
6person, 
7  (1) whether the alleged incident involved harassment 
8 or abuse, as defined in the Illinois Domestic Violence Act 
9 of 1986;
10  (2) whether the person has a history of domestic 
11 violence, as defined in the Illinois Domestic Violence Act, 
12 or a history of other criminal acts;
13  (3) based on the mental health of the person;
14  (4) whether the person has a history of violating the 
15 orders of any court or governmental entity;
16  (5) whether the person has been, or is, potentially a 
17 threat to any other person;
18  (6) whether the person has access to deadly weapons or 
19 a history of using deadly weapons;
20  (7) whether the person has a history of abusing alcohol 
21 or any controlled substance;
22  (8) based on the severity of the alleged incident that 
23 is the basis of the alleged offense, including, but not 
24 limited to, the duration of the current incident, and 
25 whether the alleged incident involved the use of a weapon, 
26 physical injury, sexual assault, strangulation, abuse 
 
 
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1 during the alleged victim's pregnancy, abuse of pets, or 
2 forcible entry to gain access to the alleged victim;
3  (9) whether a separation of the person from the alleged 
4 victim or a termination of the relationship between the 
5 person and the alleged victim has recently occurred or is 
6 pending;
7  (10) whether the person has exhibited obsessive or 
8 controlling behaviors toward the alleged victim, 
9 including, but not limited to, stalking, surveillance, or 
10 isolation of the alleged victim or victim's family member 
11 or members; 
12  (11) whether the person has expressed suicidal or 
13 homicidal ideations;
14  (12) based on any information contained in the 
15 complaint and any police reports, affidavits, or other 
16 documents accompanying the complaint, 
17the court may, in its discretion, order the respondent to 
18undergo a risk assessment evaluation using a recognized, 
19evidence-based instrument conducted by an Illinois Department 
20of Human Services approved partner abuse intervention program 
21provider, pretrial service, probation, or parole agency. These 
22agencies shall have access to summaries of the defendant's 
23criminal history, which shall not include victim interviews or 
24information, for the risk evaluation. Based on the information 
25collected from the 12 points to be considered at a bail hearing 
26under this subsection (f), the results of any risk evaluation 
 
 
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1conducted and the other circumstances of the violation, the 
2court may order that the person, as a condition of bail, be 
3placed under electronic surveillance as provided in Section 
45-8A-7 of the Unified Code of Corrections. Upon making a 
5determination whether or not to order the respondent to undergo 
6a risk assessment evaluation or to be placed under electronic 
7surveillance and risk assessment, the court shall document in 
8the record the court's reasons for making those determinations. 
9The cost of the electronic surveillance and risk assessment 
10shall be paid by, or on behalf, of the defendant. As used in 
11this subsection (f), "intimate partner" means a spouse or a 
12current or former partner in a cohabitation or dating 
13relationship. 

14(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15; 
1599-143, eff. 7-27-15.)





16 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)



17 Sec. 110-6. Modification of bail or conditions. 
18 (a) Upon verified application by
the State or the defendant 
19or on its own motion the court before which the
proceeding is

20pending may increase or reduce the amount of bail or may alter 
21the
conditions of the bail bond or grant bail where it has been 
22previously
revoked or denied.
If bail has been previously 
23revoked pursuant to subsection (f) of this
Section or if bail 
24has been denied to the defendant pursuant to subsection
(e) of 
25Section 110-6.1 or subsection (e) of Section 110-6.3, the 
 
 
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1defendant
shall
be required to present a
verified application 
2setting forth in detail any new facts not known or
obtainable 
3at the time of the previous revocation or denial of bail

4proceedings. If the court grants bail where it has been 
5previously revoked
or denied, the court shall state on the 
6record of the proceedings the
findings of facts and conclusion 
7of law upon which such order is based.

8 (a-5) In addition to any other available motion or 
9procedure under this Code, a person in custody for a Category B 
10offense due to an inability to post monetary bail shall be 
11brought before the court at the next available court date or 7 
12calendar days from the date bail was set, whichever is earlier, 
13for a rehearing on the amount or conditions of bail or release 
14pending further court proceedings. The court may reconsider 
15conditions of release for any other person who's inability to 
16post monetary bail is the sole reason for continued 
17incarceration, including a person in custody for a Category A 
18offense. 
19 (b) Violation of the conditions of Section
110-10 of this 
20Code or any special conditions of bail as ordered by the
court 
21shall constitute grounds for the court to increase
the amount 
22of bail, or otherwise alter the conditions of bail, or, where

23the alleged offense committed on bail is a forcible felony in 
24Illinois or
a Class 2 or greater offense under the Illinois

25Controlled Substances Act, the
Cannabis Control Act, or the 
26Methamphetamine Control and Community Protection Act, revoke 
 
 
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1bail
pursuant to the appropriate provisions of subsection (e) 
2of this
Section.

3 (c) Reasonable notice of such application by the defendant 
4shall be
given to the State.

5 (d) Reasonable notice of such application by the State 
6shall be
given to the defendant, except as provided in 
7subsection (e).

8 (e) Upon verified application by the State stating facts or

9circumstances constituting a violation or a threatened

10violation of any of the
conditions of the bail bond the court 
11may issue a warrant commanding any
peace officer to bring the 
12defendant without unnecessary delay before
the court for a 
13hearing on the matters set forth in the application. If
the 
14actual court before which the proceeding is pending is absent 
15or
otherwise unavailable another court may issue a warrant 
16pursuant to this
Section. When the defendant is charged with a 
17felony offense and while
free on bail is charged with a 
18subsequent felony offense and is the subject
of a proceeding 
19set forth in Section 109-1 or 109-3 of this Code, upon the

20filing of a verified petition by the State alleging a violation 
21of Section
110-10 (a) (4) of this Code, the court shall without 
22prior notice to the
defendant, grant leave to file such 
23application and shall order the
transfer of the defendant and 
24the application without unnecessary delay to
the court before 
25which the previous felony matter is pending for a hearing
as 
26provided in subsection (b) or this subsection of this Section. 
 
 
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1The
defendant shall be held
without bond pending transfer to 
2and a hearing before such court. At
the conclusion of the 
3hearing based on a violation of the conditions of
Section 
4110-10 of this Code or any special conditions of bail as 
5ordered by
the court the court may enter an order
increasing 
6the amount of bail or alter the conditions of bail as deemed

7appropriate.

8 (f) Where the alleged violation consists of the violation 
9of
one or more felony statutes of any jurisdiction which would 
10be a
forcible felony in Illinois or a Class 2 or greater 
11offense under the
Illinois Controlled Substances Act, the

12Cannabis Control Act, or the Methamphetamine Control and 
13Community Protection Act and the
defendant is on bail for the 
14alleged
commission of a felony, or where the defendant is on 
15bail for a felony
domestic battery (enhanced pursuant to 
16subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 
17or the Criminal Code of 2012), aggravated
domestic battery, 
18aggravated battery, unlawful restraint, aggravated unlawful

19restraint or domestic battery in violation
of item (1) of 
20subsection (a) of Section 12-3.2 of the Criminal Code of 1961 
21or the Criminal Code of 2012
against a
family or household 
22member as defined in Section 112A-3 of this Code and the

23violation is an offense of domestic battery against
the same 
24victim the court shall, on the motion of the State
or its own 
25motion, revoke bail
in accordance with the following 
26provisions:


 
 
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1  (1) The court shall hold the defendant without bail 
2 pending
the hearing on the alleged breach; however, if the 
3 defendant
is not admitted to bail the
hearing shall be 
4 commenced within 10 days from the date the defendant is

5 taken into custody or the defendant may not be held any 
6 longer without bail, unless delay is occasioned by the 
7 defendant. Where defendant
occasions the delay, the 
8 running of the 10 day period is temporarily
suspended and 
9 resumes at the termination of the period of delay. Where

10 defendant occasions the delay with 5 or fewer days 
11 remaining in the 10
day period, the court may grant a 
12 period of up to 5 additional days to
the State for good 
13 cause shown. The State, however, shall retain the
right to 
14 proceed to hearing on the alleged violation at any time, 
15 upon
reasonable notice to the defendant and the court.


16  (2) At a hearing on the alleged violation the State has 
17 the burden
of going forward and proving the violation by 
18 clear and convincing
evidence. The evidence shall be 
19 presented in open court with the
opportunity to testify, to 
20 present witnesses in his behalf, and to
cross-examine 
21 witnesses if any are called by the State, and 
22 representation
by counsel and
if the defendant is indigent 
23 to have counsel appointed for him. The
rules of evidence 
24 applicable in criminal trials in this State shall not

25 govern the admissibility of evidence at such hearing.

26 Information used by the court in its findings or stated in 
 
 
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1 or offered in
connection with hearings for increase or 
2 revocation of bail may be by way
of proffer based upon 
3 reliable information offered by the State or
defendant. All 
4 evidence shall be admissible if it is relevant and reliable

5 regardless of whether it would be admissible under the 
6 rules of evidence
applicable at criminal trials. A motion 
7 by the defendant to suppress
evidence or to suppress a 
8 confession shall not be entertained at such a
hearing. 
9 Evidence that proof may have been obtained as a result of 
10 an
unlawful search and seizure or through improper 
11 interrogation is not
relevant to this hearing.


12  (3) Upon a finding by the court that the State has 
13 established by
clear and convincing evidence that the 
14 defendant has committed a
forcible felony or a Class 2 or 
15 greater offense under the Illinois Controlled
Substances 
16 Act, the Cannabis Control Act, or the Methamphetamine 
17 Control and Community Protection Act while admitted to 
18 bail, or where the
defendant is on bail for a felony 
19 domestic battery (enhanced pursuant to
subsection (b) of 
20 Section 12-3.2 of the Criminal Code of 1961 or the Criminal 
21 Code of 2012), aggravated
domestic battery, aggravated 
22 battery, unlawful
restraint, aggravated unlawful restraint 
23 or domestic battery in violation of
item (1) of subsection 
24 (a) of Section 12-3.2 of the Criminal Code of 1961 or the 
25 Criminal Code of 2012
against
a family or household member 
26 as defined in
Section 112A-3 of this Code and the violation 
 
 
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1 is an offense of domestic
battery, against the same victim, 
2 the court
shall revoke the bail of
the defendant and hold 
3 the defendant for trial without bail. Neither the
finding 
4 of the court nor any transcript or other record of the 
5 hearing
shall be admissible in the State's case in chief, 
6 but shall be admissible
for impeachment, or as provided in 
7 Section 115-10.1 of this Code or in a
perjury proceeding.


8  (4) If the bail of any defendant is revoked pursuant to 
9 paragraph
(f) (3) of this Section, the defendant may demand 
10 and shall be entitled
to be brought to trial on the offense 
11 with respect to which he was
formerly released on bail 
12 within 90 days after the date on which his
bail was 
13 revoked. If the defendant is not brought to trial within 
14 the
90 day period required by the preceding sentence, he 
15 shall not be held
longer without bail. In computing the 90 
16 day period, the court shall
omit any period of delay 
17 resulting from a continuance granted at the
request of the 
18 defendant.


19  (5) If the defendant either is arrested on a warrant 
20 issued pursuant
to this Code or is arrested for an 
21 unrelated offense and it is subsequently
discovered that 
22 the defendant is a subject of another warrant or warrants

23 issued pursuant to this Code, the defendant shall be 
24 transferred promptly
to the court which issued such 
25 warrant. If, however, the defendant appears
initially 
26 before a court other than the court which issued such 
 
 
10000SB2034ham001- 23 -LRB100 08699 RLC 27306 a


1 warrant,
the non-issuing court shall not alter the amount 
2 of bail heretofore set on
such warrant unless the court 
3 sets forth on the record of proceedings the
conclusions of 
4 law and facts which are the basis for such altering of

5 another court's bond. The non-issuing court shall not alter 
6 another courts
bail set on a warrant unless the interests 
7 of justice and public safety are
served by such action.

8 (g) The State may appeal any order where the court has 
9increased or reduced
the amount of bail or altered the 
10conditions of the bail bond or granted bail where it has 
11previously been revoked.

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


13 (725 ILCS 5/110-6.4 new)
14 Sec. 110-6.4. Statewide risk assessment tool.
15 The Supreme Court may establish a statewide 
16risk-assessment tool to be used in proceedings to assist the 
17court in establishing bail for a defendant by assessing the 
18defendant's likelihood of appearing at future court 
19proceedings or determining if the defendant poses a real and 
20present threat to the physical safety of any person or persons. 
21The Supreme Court shall consider establishing a 
22risk-assessment tool that does not discriminate on the basis of 
23race, gender, educational level, socio-economic status, or 
24neighborhood. If a risk assessment tool is utilized within a 
25circuit that does not require a personal interview to be 
 
 
10000SB2034ham001- 24 -LRB100 08699 RLC 27306 a


1completed, the Chief Judge of the circuit or the Director of 
2the Pre-trial Services Agency may exempt the requirement under 
3Section 9 and subsection (a) of Section 7 of the Pretrial 
4Services Act.
5 For the purpose of this Section, "risk assessment tool" 
6means an empirically validated, evidence-based screening 
7instrument that demonstrates reduced instances of a 
8defendant's failure to appear for further court proceedings or 
9prevents future criminal activity. 




10 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)



11 Sec. 110-14. Credit for incarceration on bailable offense; 
12credit against monetary bail for certain offenses 
13Incarceration on Bailable Offense. 
14 (a) Any person incarcerated on a bailable offense who does 
15not supply
bail and against whom a fine is levied on conviction 
16of the such offense
shall be allowed a credit of $5 for each 
17day so incarcerated upon application
of the defendant. However,

18in no case shall the amount so allowed or
credited exceed the 
19amount of the fine. 
20 (b) Subsection (a) does not apply to a person incarcerated 
21for sexual assault as defined in paragraph (1) of subsection 
22(a) of Section 5-9-1.7 of the Unified Code of Corrections.

23 (c) A person subject to bail on a Category B offense shall 
24have $30 deducted from his or her monetary bail every day the 
25person is incarcerated. 

 
 
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1(Source: P.A. 93-699, eff. 1-1-05.)



2
ARTICLE 5. THREATENING PUBLIC OFFICIALS


3 Section 5-5. The Criminal Code of 2012 is amended by 
4changing Section 12-9 as follows:



5 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)


6 Sec. 12-9. Threatening public officials; human service 
7providers. 

8 (a) A person commits threatening a public official or human 
9service provider when:


10  (1) that person knowingly delivers or conveys, 
11 directly
or indirectly, to a public official or human 
12 service provider by any means a communication:


13   (i) containing a threat that would place
the public 
14 official or human service provider or a member of his 
15 or her immediate family in reasonable
apprehension of 
16 immediate or future bodily harm, sexual assault, 
17 confinement,
or restraint; or


18   (ii) containing a threat that would place the 
19 public official
or human service provider or a member 
20 of his or her immediate family in reasonable 
21 apprehension that
damage will occur to property in the 
22 custody, care, or control of the public
official or his 
23 or her immediate family; and


 
 
10000SB2034ham001- 26 -LRB100 08699 RLC 27306 a


1  (2) the threat was conveyed because of the performance 
2 or nonperformance
of some public duty or duty as a human 
3 service provider, because of hostility of the person making 
4 the threat
toward the status or position of the public 
5 official or the human service provider, or because of any

6 other factor related to the official's public existence.

7 (a-5) For purposes of a threat to a sworn law enforcement 
8officer, the threat must contain specific facts indicative of a 
9unique threat to the person, family or property of the officer 
10and not a generalized threat of harm.

11 (a-6) For purposes of a threat to a social worker, 
12caseworker, investigator, or human service provider, the 
13threat must contain specific facts indicative of a unique 
14threat to the person, family or property of the individual and 
15not a generalized threat of harm. 
16 (b) For purposes of this Section:


17  (1) "Public official"
means a person who is elected to 
18 office in accordance with a statute or
who is appointed to 
19 an office which is established, and the qualifications
and 
20 duties of which are prescribed, by statute, to discharge a 
21 public duty
for the State or any of its political 
22 subdivisions or in the case of
an elective office any 
23 person who has filed the required documents for
nomination 
24 or election to such office. "Public official" includes a

25 duly
appointed assistant State's Attorney, assistant 
26 Attorney General, or Appellate Prosecutor; a sworn law 
 
 
10000SB2034ham001- 27 -LRB100 08699 RLC 27306 a


1 enforcement or peace officer; a social worker, caseworker, 
2 attorney, or investigator employed by the Department of 
3 Healthcare and Family Services, the Department of Human 
4 Services, or the Department of Children and Family 
5 Services, or the Guardianship and Advocacy Commission; or 
6 an assistant public guardian, attorney, social worker, 
7 case manager, or investigator employed by a duly appointed 
8 public guardian.

9  (1.5) "Human service provider" means a social worker, 
10 case worker, or investigator employed by an agency or 
11 organization providing social work, case work, or 
12 investigative services under a contract with or a grant 
13 from the Department of Human Services, the Department of 
14 Children and Family Services, the Department of Healthcare 
15 and Family Services, or the Department on Aging. 

16  (2) "Immediate family" means a
public official's 
17 spouse or child or children.

18 (c) Threatening a public official or human service provider 
19is a Class 3 felony for a
first offense and a Class 2 felony for 
20a second or subsequent offense.

21(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)


22
ARTICLE 99. EFFECTIVE DATE


23 Section 99-99. Effective date. This Section and Section 1-5 
24take effect upon becoming law.".