Bill Amendment: IL HB0314 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-BAIL-SHERIFF PETITION

Status: 2019-01-08 - Session Sine Die [HB0314 Detail]

Download: Illinois-2017-HB0314-House_Amendment_002.html

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Rep. Arthur Turner

Filed: 3/15/2017

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AMENDMENT TO HOUSE BILL 314
AMENDMENT NO. ______. Amend House Bill 314 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-4 and 110-6 as follows:
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses.
(a) All persons shall be bailable before conviction, except
the following offenses where the proof is evident or the
presumption great that the defendant is guilty of the offense:
capital offenses; offenses for which a sentence of life
imprisonment may be imposed as a consequence of conviction;
felony offenses for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a
consequence of conviction, where the court after a hearing,
determines that the release of the defendant would pose a real

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and present threat to the physical safety of any person or
persons; stalking or aggravated stalking, where the court,
after a hearing, determines that the release of the defendant
would pose a real and present threat to the physical safety of
the alleged victim of the offense and denial of bail is
necessary to prevent fulfillment of the threat upon which the
charge is based; or unlawful use of weapons in violation of
item (4) of subsection (a) of Section 24-1 of the Criminal Code
of 1961 or the Criminal Code of 2012 when that offense occurred
in a school or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000 feet
of real property comprising any school, where the court, after
a hearing, determines that the release of the defendant would
pose a real and present threat to the physical safety of any
person and denial of bail is necessary to prevent fulfillment
of that threat; or making a terrorist threat in violation of
Section 29D-20 of the Criminal Code of 1961 or the Criminal
Code of 2012 or an attempt to commit the offense of making a
terrorist threat, where the court, after a hearing, determines
that the release of the defendant would pose a real and present
threat to the physical safety of any person and denial of bail
is necessary to prevent fulfillment of that threat.
(a-5) A person who does not pose a real and present threat
to the physical safety of any person, does not present a flight
risk in the absence of a bail bond, and is otherwise eligible

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for bail under this Article shall not be detained solely
because of his or her financial or economic inability to post
bond.
(b) A person seeking release on bail who is charged with a
capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a
hearing is held wherein such person has the burden of
demonstrating that the proof of his guilt is not evident and
the presumption is not great.
(c) Where it is alleged that bail should be denied to a
person upon the grounds that the person presents a real and
present threat to the physical safety of any person or persons,
the burden of proof of such allegations shall be upon the
State.
(d) When it is alleged that bail should be denied to a
person charged with stalking or aggravated stalking upon the
grounds set forth in Section 110-6.3 of this Code, the burden
of proof of those allegations shall be upon the State.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. (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

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been previously revoked under pursuant to subsection (f) of
this Section or if bail has been denied to the defendant under
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) If bail is set under Section 110-5 of this Article or
if a defendant is ordered to be electronically monitored as a
condition of release, and if the defendant has been unable to
post the required bond or secure a location from which to be
electronically monitored and remains in custody for 72 hours
after the date bail or release with conditions has been set,
the defendant shall be afforded a hearing under subsection (a)
of this Section. The inability of the defendant to pay bail or
lack of suitable housing shall be deemed sufficient new facts
to support a motion for the alteration of bail under subsection
(a) of this Section.
(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

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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

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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

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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

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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

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(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

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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.)".