Bill Amendment: IL HB3421 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-POSTING BAIL ABOLISH

Status: 2019-01-08 - Session Sine Die [HB3421 Detail]

Download: Illinois-2017-HB3421-House_Amendment_001.html

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Rep. Christian L. Mitchell

Filed: 3/24/2017

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AMENDMENT TO HOUSE BILL 3421
AMENDMENT NO. ______. Amend House Bill 3421 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 16-103 as follows:
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which the
such warrant was issued, the arresting officer, immediately
upon the request of the defendant, shall take such defendant
before a circuit judge or associate circuit judge in the county
in which the arrest was made who shall admit the defendant to
bail for his appearance before the court named in the warrant.
On releasing the defendant taking such bail the circuit judge

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or associate circuit judge shall certify the such fact on the
warrant and deliver the warrant, and undertaking of bail or
other nonmonetary security, or the drivers license of such
defendant if deposited, under the law relating to such
licenses, in lieu of the such security, to the officer having
charge of the defendant. The Such officer shall then
immediately discharge the defendant from arrest and without
delay deliver the such warrant and such undertaking of bail, or
other security or drivers license to the court before which the
defendant is required to appear.
(Source: P.A. 77-1280.)
Section 10. The Clerks of Courts Act is amended by changing
Sections 14, 27.3a, 27.3b, 27.5, and 27.6 as follows:
(705 ILCS 105/14) (from Ch. 25, par. 14)
Sec. 14. Clerk of court and sheriff's office
record-keeping. The clerks shall enter of record all judgments
and orders of their respective courts, as soon after the
rendition or making thereof as practicable.
Immediately after a judgment of dissolution of marriage or
declaration of invalidity of marriage is granted in this State,
the clerk of the court which granted the judgment of
dissolution of marriage or declaration of invalidity of
marriage shall complete and sign the form furnished by the
Department of Public Health, and forward such form to the

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Department of Public Health within 45 days after the close of
the month in which the judgment is rendered.
Each month, the clerk of the court shall prepare and file
with the Supreme Court a report of the pretrial release
hearings completed within the previous month. The clerk of the
court shall also publish the report of pretrial hearings on
each circuit court's website, or if the circuit court does not
have a website, on each county's website. The Supreme Court
shall make every clerk's monthly reports available on their own
website, updated quarterly. The report shall include the total
number of pre-trial release hearings conducted; and of those
hearings:
(1) the number of hearings in which the court ordered
release on personal recognizance without special conditions;
(2) the number of hearings in which the court ordered
release with a special condition or conditions;
(3) the number of hearings in which the court ordered
detention; and
(4) the number of hearings in which electronic monitoring
was ordered.
Of the cases in which a condition or conditions are ordered,
the report shall track:
(1) the percentage of individuals who were released with or
without conditions who then willfully fail to appear at a later
court date;
(2) the percentage of individuals who were released with or

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without conditions who then were arrested on new traffic or
misdemeanor charges; and
(3) the percentage of individuals who were released with or
without conditions who then were arrested on new felony
charges.
The report shall be disaggregated by the charged offense and
the demographic information of the arrestee, including the
race, ethnicity, gender, and age, if available.
Each month, the sheriff or other agency responsible for the
custody of detained defendants and monitoring individuals on
electronic monitoring in each county shall complete a report of
the length of stay of individuals in their custody detained
awaiting trial. The report shall record:
(1) the number of individuals who have been awaiting trial
in custody for 6 months or more;
(2) the number of individuals who have been awaiting trial
in custody for one year or more; and
(3) the number of individuals who have been awaiting trial
in custody for 2 years or more.
(Source: P.A. 83-346.)
(705 ILCS 105/27.3a)
Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, State and Conservation Police
operations, and e-business programs.
1. The expense of establishing and maintaining automated

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record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $25 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.1. Starting on July 6, 2012 (the effective date of Public
Act 97-761) and under pursuant to an administrative order from
the chief judge of the circuit or the presiding judge of the
county authorizing such collection, a clerk of the circuit
court in any county that imposes a fee under pursuant to
subsection 1 of this Section shall also charge and collect an

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additional $10 operations fee for probation and court services
department operations.
This additional fee shall be paid by the defendant in any
felony, traffic, misdemeanor, local ordinance, or conservation
case upon a judgment of guilty or grant of supervision, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of
the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
1.5. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee under pursuant to subsection 1
of this Section, shall charge and collect an additional fee in
an amount equal to the amount of the fee imposed under pursuant
to subsection 1 of this Section, except the fee imposed under
this subsection may not be more than $15. This additional fee
shall be paid by the defendant in any felony, traffic,
misdemeanor, or local ordinance case upon a judgment of guilty
or grant of supervision. This fee shall not be paid by the

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defendant for any violation listed in subsection 1.6 of this
Section.
1.6. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee under pursuant to subsection 1
of this Section shall charge and collect an additional fee in
an amount equal to the amount of the fee imposed under pursuant
to subsection 1 of this Section, except the fee imposed under
this subsection may not be more than $15. This additional fee
shall be paid by the defendant upon a judgment of guilty or
grant of supervision for a violation under the State Parks Act,
the Recreational Trails of Illinois Act, the Illinois
Explosives Act, the Timber Buyers Licensing Act, the Forest
Products Transportation Act, the Firearm Owners Identification
Card Act, the Environmental Protection Act, the Fish and
Aquatic Life Code, the Wildlife Code, the Cave Protection Act,
the Illinois Exotic Weed Act, the Illinois Forestry Development
Act, the Ginseng Harvesting Act, the Illinois Lake Management
Program Act, the Illinois Natural Areas Preservation Act, the
Illinois Open Land Trust Act, the Open Space Lands Acquisition
and Development Act, the Illinois Prescribed Burning Act, the
State Forest Act, the Water Use Act of 1983, the Illinois
Veteran, Youth, and Young Adult Conservation Jobs Act, the
Snowmobile Registration and Safety Act, the Boat Registration
and Safety Act, the Illinois Dangerous Animals Act, the Hunter
and Fishermen Interference Prohibition Act, the Wrongful Tree
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,

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11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
Criminal Code of 2012.
1.7. Starting on the 30th day after the effective date of
this amendatory Act of the 99th General Assembly, a clerk of
the circuit court in any county that imposes a fee under
pursuant to subsection 1 of this Section shall also charge and
collect an additional $9 e-business fee. The fee shall be paid
at the time of filing the first pleading, paper, or other
appearance filed by each party in all civil cases, except no
additional fee shall be required if more than one party is
presented in a single pleading, paper, or other appearance. The
fee shall be collected in the manner in which all other fees or
costs are collected. The fee shall be in addition to all other
fees and charges of the clerk, and assessable as costs, and may
be waived only if the judge specifically provides for the
waiver of the e-business fee. The fee shall not be charged in
any matter coming to the clerk on a change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency, or body.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of

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this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes

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by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
7. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the Conservation Police Operations
Assistance Fund.
8. With respect to the fee imposed under subsection 1.7 of
this Section, the clerk shall remit the fee to the State
Treasurer within one month after receipt for deposit into the
Supreme Court Special Purposes Fund. Unless otherwise
authorized by this Act, the moneys deposited into the Supreme
Court Special Purposes Fund under this subsection are not
subject to administrative charges or chargebacks under Section
20 of the State Treasurer Act.
(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
98-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

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(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
Sec. 27.3b. Payment of fines, penalties, or costs by credit
or debit card. The clerk of court may accept payment of fines,
penalties, or costs by credit card or debit card approved by
the clerk from an offender who has been convicted of or placed
on court supervision for a traffic offense, petty offense,
ordinance offense, or misdemeanor or who has been convicted of
a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or
costs from offenders on voluntary electronic pleas of guilty in
minor traffic and conservation offenses to satisfy the
requirement of written pleas of guilty as provided in Illinois
Supreme Court Rule 529. The clerk of the court may also accept
payment of statutory fees by a credit card or debit card. The
clerk of the court may also accept the credit card or debit
card for the cash deposit of bail bond fees.
The Clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The clerk
of the circuit court is authorized to enter into contracts with
third party fund guarantors, facilitators, and service
providers under which those entities may contract directly with
customers of the clerk of the circuit court and guarantee and

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remit the payments to the clerk of the circuit court. Where the
offender pays fines, penalties, or costs by credit card or
debit card or through a third party fund guarantor,
facilitator, or service provider, or anyone paying statutory
fees of the circuit court clerk or the posting of cash bail,
the clerk shall collect a service fee of up to $5 or the amount
charged to the clerk for use of its services by the credit card
or debit card issuer, third party fund guarantor, facilitator,
or service provider. This service fee shall be in addition to
any other fines, penalties, or costs. The clerk of the circuit
court is authorized to negotiate the assessment of convenience
and administrative fees by the third party fund guarantors,
facilitators, and service providers with the revenue earned by
the clerk of the circuit court to be remitted to the county
general revenue fund.
(Source: P.A. 95-331, eff. 8-21-07.)
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. Fines and court costs; traffic, youth diversion,
and Child Advocacy Center.
(a) All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a
person to the circuit clerk that equals an amount less than
$55, except restitution under Section 5-5-6 of the Unified Code
of Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois

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Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section, shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 47% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case; 12%
shall be disbursed to the State Treasurer; and 41% shall be
disbursed to the county's general corporate fund. Of the 12%
disbursed to the State Treasurer, 1/6 shall be deposited by the
State Treasurer into the Violent Crime Victims Assistance Fund,
1/2 shall be deposited into the Traffic and Criminal Conviction
Surcharge Fund, and 1/3 shall be deposited into the Drivers
Education Fund. For fiscal years 1992 and 1993, amounts
deposited into the Violent Crime Victims Assistance Fund, the
Traffic and Criminal Conviction Surcharge Fund, or the Drivers
Education Fund shall not exceed 110% of the amounts deposited
into those funds in fiscal year 1991. Any amount that exceeds
the 110% limit shall be distributed as follows: 50% shall be

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disbursed to the county's general corporate fund and 50% shall
be disbursed to the entity authorized by law to receive the
fine imposed in the case. Not later than March 1 of each year
the circuit clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification of fines and
fees. All counties shall be subject to this Section, except
that counties with a population under 2,000,000 may, by
ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one total
sum of money payable for violations. The circuit clerk may add
on no additional amounts except for amounts that are required
by Sections 27.3a and 27.3c of this Act, Section 16-104c of the
Illinois Vehicle Code, and subsection (a) of Section 5-1101 of
the Counties Code, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of pre-trial release bail, ex
parte judgment or guilty plea under pursuant to Supreme Court
Rule 529, the circuit clerk shall first deduct and pay amounts
required by Sections 27.3a and 27.3c of this Act. Unless a
court ordered payment schedule is implemented or fee
requirements are waived under pursuant to a court order, the
circuit clerk may add to any unpaid fees and costs a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid

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after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited in the Circuit
Court Clerk Operation and Administrative Fund to be used to
defray administrative costs incurred by the circuit clerk in
performing the duties required to collect and disburse funds.
This Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Any person who receives a disposition of court

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supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (d) becomes inoperative on January 1, 2020.
(e) In all counties having a population of 3,000,000 or
more inhabitants:
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01

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of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money under pursuant to subsection
(f) of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(4) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(5) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit

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clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(6) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(7) When a Children's Advocacy Center fee is assessed
under pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(8) When a victim impact panel fee is assessed under
pursuant to subsection (b) of Section 11-501.01 of the
Illinois Vehicle Code, it shall be disbursed by the circuit
clerk to the victim impact panel to be attended by the
defendant.
(9) When a new fee collected in traffic cases is
enacted after January 1, 2010 (the effective date of Public
Act 96-735), it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.
(f) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and

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court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(g) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
(705 ILCS 105/27.6)
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
98-658, 98-1013, 99-78, and 99-455)
Sec. 27.6. Fines and court costs; traffic, controlled
substances, and animal violations.
(a) All fees, fines, costs, additional penalties, bail

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balances assessed or forfeited, and any other amount paid by a
person to the circuit clerk equalling an amount of $55 or more,
except the fine imposed by Section 5-9-1.15 of the Unified Code
of Corrections, the additional fee required by subsections (b)
and (c), restitution under Section 5-5-6 of the Unified Code of
Corrections, contributions to a local anti-crime program
ordered under pursuant to Section 5-6-3(b)(13) or Section
5-6-3.1(c)(13) of the Unified Code of Corrections,
reimbursement for the costs of an emergency response as
provided under Section 11-501 of the Illinois Vehicle Code, any
fees collected for attending a traffic safety program under
paragraph (c) of Supreme Court Rule 529, any fee collected on
behalf of a State's Attorney under Section 4-2002 of the
Counties Code or a sheriff under Section 4-5001 of the Counties
Code, or any cost imposed under Section 124A-5 of the Code of
Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate

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fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for

10000HB3421ham001 - 22 - LRB100 05621 SLF 24299 a
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of pre-trial release bail, ex
parte judgment or guilty plea under pursuant to Supreme Court
Rule 529, the circuit clerk shall first deduct and pay amounts
required by Sections 27.3a and 27.3c of this Act. This Section
is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs

10000HB3421ham001 - 23 - LRB100 05621 SLF 24299 a
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served

10000HB3421ham001 - 24 - LRB100 05621 SLF 24299 a
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;

10000HB3421ham001 - 25 - LRB100 05621 SLF 24299 a
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) (Blank).
(h) (Blank).

10000HB3421ham001 - 26 - LRB100 05621 SLF 24299 a
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (j) becomes inoperative on January 1, 2020.
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an

10000HB3421ham001 - 27 - LRB100 05621 SLF 24299 a
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a

10000HB3421ham001 - 28 - LRB100 05621 SLF 24299 a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.
This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public
Safety Fund.
(o) The amounts collected as fines under Sections 10-9,
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.
(p) In addition to any other fees and penalties imposed,
any person who is convicted of or pleads guilty to a violation
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
shall pay an additional fee of $250 to the clerk of the circuit
court. This additional fee of $250 shall not be considered a
part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. This amount,
less 2.5% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Department of Insurance within 60 days after receipt for

10000HB3421ham001 - 29 - LRB100 05621 SLF 24299 a
deposit into the George Bailey Memorial Fund.
(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
98-658, 98-1013, 99-78, and 99-455)
Sec. 27.6. Fines and court costs; traffic, controlled
substances, and animal violations.
(a) All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a
person to the circuit clerk equalling an amount of $55 or more,
except the fine imposed by Section 5-9-1.15 of the Unified Code
of Corrections, the additional fee required by subsections (b)
and (c), restitution under Section 5-5-6 of the Unified Code of
Corrections, contributions to a local anti-crime program
ordered under pursuant to Section 5-6-3(b)(13) or Section
5-6-3.1(c)(13) of the Unified Code of Corrections,
reimbursement for the costs of an emergency response as
provided under Section 11-501 of the Illinois Vehicle Code, any
fees collected for attending a traffic safety program under
paragraph (c) of Supreme Court Rule 529, any fee collected on
behalf of a State's Attorney under Section 4-2002 of the
Counties Code or a sheriff under Section 4-5001 of the Counties
Code, or any cost imposed under Section 124A-5 of the Code of
Criminal Procedure of 1963, for convictions, orders of

10000HB3421ham001 - 30 - LRB100 05621 SLF 24299 a
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general

10000HB3421ham001 - 31 - LRB100 05621 SLF 24299 a
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of pre-trial release bail, ex parte
judgment or guilty plea under pursuant to Supreme Court Rule
529, the circuit clerk shall first deduct and pay amounts
required by Sections 27.3a and 27.3c of this Act. Unless a
court ordered payment schedule is implemented or fee
requirements are waived pursuant to court order, the clerk of
the court may add to any unpaid fees and costs a delinquency
amount equal to 5% of the unpaid fees that remain unpaid after
30 days, 10% of the unpaid fees that remain unpaid after 60
days, and 15% of the unpaid fees that remain unpaid after 90

10000HB3421ham001 - 32 - LRB100 05621 SLF 24299 a
days. Notice to those parties may be made by signage posting or
publication. The additional delinquency amounts collected
under this Section shall be deposited in the Circuit Court
Clerk Operation and Administrative Fund to be used to defray
administrative costs incurred by the circuit clerk in
performing the duties required to collect and disburse funds.
This Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol

10000HB3421ham001 - 33 - LRB100 05621 SLF 24299 a
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount

10000HB3421ham001 - 34 - LRB100 05621 SLF 24299 a
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,

10000HB3421ham001 - 35 - LRB100 05621 SLF 24299 a
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $35, to
be disbursed as provided in Section 16-104d of that Code. This

10000HB3421ham001 - 36 - LRB100 05621 SLF 24299 a
subsection (g) becomes inoperative on January 1, 2020.
(h) In all counties having a population of 3,000,000 or
more inhabitants,
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of Section 11-605.1 of
the Illinois Vehicle Code is $250 or greater, the person
who violated that Section shall be charged an additional
$125 as provided for by subsection (e) of Section 11-605.1
of the Illinois Vehicle Code, which shall be disbursed by
the circuit clerk to a State or county Transportation
Safety Highway Hire-back Fund as provided by subsection (e)
of Section 11-605.1 of the Illinois Vehicle Code.
(4) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or

10000HB3421ham001 - 37 - LRB100 05621 SLF 24299 a
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(6) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(7) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(8) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the

10000HB3421ham001 - 38 - LRB100 05621 SLF 24299 a
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(9) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code,
it shall be disbursed by the circuit clerk to the victim
impact panel to be attended by the defendant.
(10) When a new fee collected in traffic cases is
enacted after the effective date of this subsection (h), it
shall be excluded from the percentage disbursement
provisions of this Section unless otherwise indicated by
law.
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) (Blank).
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the

10000HB3421ham001 - 39 - LRB100 05621 SLF 24299 a
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.

10000HB3421ham001 - 40 - LRB100 05621 SLF 24299 a
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.
This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public
Safety Fund.
(o) The amounts collected as fines under Sections 10-9,
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.
(p) In addition to any other fees and penalties imposed,
any person who is convicted of or pleads guilty to a violation
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
shall pay an additional fee of $250 to the clerk of the circuit
court. This additional fee of $250 shall not be considered a

10000HB3421ham001 - 41 - LRB100 05621 SLF 24299 a
part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. This amount,
less 2.5% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Department of Insurance within 60 days after receipt for
deposit into the George Bailey Memorial Fund.
(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
Section 12. The Criminal Code of 2012 is amended by
changing Section 32-10 as follows:
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pre-trial release
bail bond.
(a) Whoever, having been released under conditions of
pre-trial release admitted to bail for appearance before any
court of this State, incurs a violation of conditions of
pre-trial release forfeiture of the bail and knowingly fails to
surrender himself or herself within 30 days following the date
of the violation forfeiture, commits, if the conditions of
pre-trial release were bail was given in connection with a
charge of felony or pending appeal or certiorari after
conviction of any offense, a Class A misdemeanor if the
underlying offense is a felony. a felony of the next lower
Class or a Class A misdemeanor if the underlying offense was a

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Class 4 felony; or, If if the conditions of pre-trial release
were bail was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the next lower Class, but not less than a Class
C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pre-trial release bail bond by possessing a firearm in
violation of his or her conditions of pre-trial release bail
commits a Class 4 felony for a first violation and a Class 3
felony for a second or subsequent violation.
(b) Whoever, having been admitted to release under
conditions of pre-trial release bail for appearance before any
court of this State, while charged with a criminal offense in
which the victim is a family or household member as defined in
Article 112A of the Code of Criminal Procedure of 1963,
knowingly violates a condition of that release as set forth in
Section 110-10, subsection (d) of the Code of Criminal
Procedure of 1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to release under
conditions of pre-trial release bail for appearance before any
court of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family or household
member as defined in Article 112A of the Code of Criminal
Procedure of 1963, is charged with any other felony, Class A
misdemeanor, or a criminal offense in which the victim is a
family or household member as defined in Article 112A of the

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Code of Criminal Procedure of 1963 while on this release, must
appear before the court before conditions of pre-trial release
are bail is statutorily set.
(d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
shall be served consecutive to the sentence imposed for the
charge for which pre-trial release bail had been granted and
with respect to which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Sections 103-5, 103-7, 104-17, 106D-1,
107-4, 109-1, 109-2, 110-1, 110-2, 110-3, 110-4, 110-5,
110-5.1, 110-6, 110-6.1, 110-6.2, 110-6.3, 110-7, 110-9,
110-10, 110-11, 110-12, 110-16, 110-18, 112A-23, and 115-4.1
and by adding Section 110-1.5 as follows:
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered under pursuant to Section 104-13 of this Act,
by a fitness hearing, by an adjudication of unfitness to stand

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trial, by a continuance allowed under pursuant to Section 114-4
of this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
pre-trial release bail or recognizance for an offense but who
is in custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
(b) Every person on pre-trial release bail or recognizance
shall be tried by the court having jurisdiction within 160 days
from the date defendant demands trial unless delay is
occasioned by the defendant, by an examination for fitness
ordered under pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed under pursuant to Section 114-4
of this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
The defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made

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under this subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently placed on
pre-trial release released on bail or recognizance and demands
trial, shall be given credit for time spent in custody
following the making of the demand while in custody. Any demand
for trial made under this subsection (b) shall be in writing;
and in the case of a defendant not in custody, the demand for
trial shall include the date of any prior demand made under
this provision while the defendant was in custody.
(c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
(d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his or her

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pre-trial release bail or recognizance.
(e) If a person is simultaneously in custody upon more than
one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered under pursuant to the Unified Code of Corrections or,
if such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date on
which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is
occasioned by the defendant, by an examination for fitness
ordered under pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness for trial, by
a continuance allowed under pursuant to Section 114-4 of this

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Act after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has
exercised without success due diligence to obtain evidence
material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later day the
court may continue the cause on application of the State for
not more than an additional 60 days.
(f) Delay occasioned by the 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 this Section and on the day of expiration of the delay
the said period shall continue at the point at which it was
suspended. Where such delay occurs within 21 days of the end of
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of this Section, the court may
continue the cause on application of the State for not more
than an additional 21 days beyond the period prescribed by
subsections (a), (b), or (e). This subsection (f) shall become
effective on, and apply to persons charged with alleged
offenses committed on or after, March 1, 1977.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights.
Every sheriff, chief of police or other person who is in

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charge of any jail, police station or other building where
persons under arrest are held in custody pending investigation,
pre-trial release, bail or other criminal proceedings, shall
post in every room, other than cells, of such buildings where
persons are held in custody, in conspicuous places where it may
be seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103-2, 103-3,
103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 113-3 of this Code. Each person who is in
charge of any courthouse or other building in which any trial
of an offense is conducted shall post in each room primarily
used for such trials and in each room in which defendants are
confined or wait, pending trial, in conspicuous places where it
may be seen and read by persons in custody and others, a
poster, printed in large type, containing a verbatim copy in
the English language of the provisions of Sections 103-6,
113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
113-3 of this Code.
(Source: Laws 1965, p. 2622.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for Treatment; Treatment Plan.
(a) If the defendant is eligible to be or has been released
on pre-trial release bail or on his or her own recognizance,
the court shall select the least physically restrictive form of

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treatment therapeutically appropriate and consistent with the
treatment plan.
(b) If the defendant's disability is mental, the court may
order him or her placed for treatment in the custody of the
Department of Human Services, or the court may order him or her
placed in the custody of any other appropriate public or
private mental health facility or treatment program which has
agreed to provide treatment to the defendant. If the defendant
is placed in the custody of the Department of Human Services,
the defendant shall be placed in a secure setting. During the
period of time required to determine the appropriate placement
the defendant shall remain in jail. If upon the completion of
the placement process the Department of Human Services
determines that the defendant is currently fit to stand trial,
it shall immediately notify the court and shall submit a
written report within 7 days. In that circumstance the
placement shall be held pending a court hearing on the
Department's report. Otherwise, upon completion of the
placement process, the sheriff shall be notified and shall
transport the defendant to the designated facility. The
placement may be ordered either on an inpatient or an
outpatient basis.
(c) If the defendant's disability is physical, the court
may order him or her placed under the supervision of the
Department of Human Services which shall place and maintain the
defendant in a suitable treatment facility or program, or the

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court may order him or her placed in an appropriate public or
private facility or treatment program which has agreed to
provide treatment to the defendant. The placement may be
ordered either on an inpatient or an outpatient basis.
(d) The clerk of the circuit court shall transmit to the
Department, agency or institution, if any, to which the
defendant is remanded for treatment, the following:
(1) a certified copy of the order to undergo treatment.
Accompanying the certified copy of the order to undergo
treatment shall be the complete copy of any report prepared
under Section 104-15 of this Code or other report prepared
by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the court Court
directs the clerk to transmit.
(e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his or
her opinion as to the probability of the defendant's attaining

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fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period of
time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either a
civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may

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permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a criminal
complaint, at which pre-trial release bail will be set;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken.
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way audio-visual
communication, upon waiver of any right the person in custody
or confinement may have to be present physically.

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(d) Nothing in this Section shall be construed to establish
a right of any person held in custody or confinement to appear
in court through two-way audio-visual communication or to
require that any governmental entity, or place of custody or
confinement, provide two-way audio-visual communication.
(Source: P.A. 95-263, eff. 8-17-07.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning under

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pursuant to Section 107-14 of this Code and may make arrests in
any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that occurred
in the officer's primary jurisdiction and the temporary
questioning or arrest relates to, arises from, or is conducted
under pursuant to that investigation; or (2) if the officer,
while on duty as a peace officer, becomes personally aware of
the immediate commission of a felony or misdemeanor violation
of the laws of this State; or (3) if the officer, while on duty
as a peace officer, is requested by an appropriate State or
local law enforcement official to render aid or assistance to
the requesting law enforcement agency that is outside the
officer's primary jurisdiction; or (4) in accordance with
Section 2605-580 of the Department of State Police Law of the
Civil Administrative Code of Illinois. While acting under
pursuant to this subsection, an officer has the same authority
as within his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in

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custody on the ground that he has committed an offense in this
State.
(c) If an arrest is made in this State by a peace officer
of another State under in accordance with the provisions of
this Section he or she shall without unnecessary delay take the
person arrested before the circuit court of the county in which
the arrest was made. The Such court shall conduct a hearing for
the purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time for the
issuance of an extradition warrant by the Governor of this
State, or release the person with conditions for that admit him
to bail for such purpose. If the court determines that the
arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance.
(a) A person arrested with or without a warrant on an
offense for which pre-trial release may be denied, unless
released by the arresting officer, 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

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the county where such judge presides, and a charge shall be
filed. An arresting officer may release a person arrested on an
offense for which pre-trial release may be denied, other than
murder, attempted murder, or violent sexual offense, without an
appearance before a judge if release of the person is in the
public interest. 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
pre-trial release bail to the defendant may not be conducted by
way of closed circuit television.
(b) Upon initial appearance of a person before the court,
the The judge shall:
(1) inform Inform the defendant of the charge against
him and shall provide him with a copy of the charge;
(2) advise 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 Schedule a preliminary hearing in
appropriate cases;
(4) release or detain the defendant under Admit the
defendant to bail in accordance with the provisions of
Article 110 of this Code; and
(5) order Order the confiscation of the person's

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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.
(b-3) A presumption in favor of pre-trial release of a
person shall be applied by an arresting officer in the exercise
of his or her discretion under this Section.
(b-5) A person arrested with or without a warrant on an
offense for which pre-trial release may not be denied shall,
except as otherwise provided in this Code, be released by the
officer without appearing before a judge. The releasing officer
shall issue the person a summons to appear or a personal
recognizance bond that may be conditioned on a promise to pay a
sum, as set by Supreme Court Rule, for willful failure to
appear.
(b-7) A presumption in favor of pre-trial release of a
person shall be applied by a judge in exercising his or her
discretion under this Section.
(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

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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.
(f) 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 purpose of
that hearing.
(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
eff. 1-1-16.)

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(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in
which a warrant for his or her arrest was issued shall be taken
without unnecessary delay before the nearest and most
accessible judge in the county where the arrest was made or, if
no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was
issued. He or she shall be released admitted to bail in the
amount specified in the warrant or, for offenses other than
felonies, in an amount as set by the judge, and such bail shall
be conditioned on his or her appearing in the court issuing the
warrant on a certain date. The judge may hold a hearing to
determine if the defendant is the same person as named in the
warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his or her arrest was issued, may waive the right
to be taken before a judge in the county where the arrest was
made. If a person so arrested waives such right, the arresting
agency shall surrender the such person to a law enforcement
agency of the county that issued the warrant without
unnecessary delay. The provisions of Section 109-1 shall then
apply to the person so arrested.
(Source: P.A. 86-298.)

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(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions.
(a) "Bail" means a security, which may include a bond
without monetary conditions, required by a court for the
release of a person in custody set to provide reasonable
assurance of public safety and court appearance. "Security" is
that which is required to be pledged to insure the payment of
bail.
(a-5) "Forcible felony" has the meaning ascribed to it in
Section 2-8 of the Criminal Code of 2012.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a bail
bond and binds himself to pay the bail if the person in custody
fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction.
(d) "Real and present threat to the physical safety of any
person or persons", as used in this Article, includes a threat
to the community, person, persons or class of persons.
(Source: P.A. 85-892.)

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(725 ILCS 5/110-1.5 new)
Sec. 110-1.5. Abolishment of monetary bail. Under this
amendatory Act of the 100th General Assembly, the requirement
of posting monetary bail is abolished, except as provided in
the Uniform Criminal Extradition Act which is a compact that
has been entered between this State and its sister states.
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance. It should be
presumed that a defendant is entitled to release on personal
recognizance on condition that he or she attend all required
court proceedings and that the person does not commit a
criminal offense. Detention or additional conditions should be
set only when it is determined that no other conditions of
release will reasonably assure the defendant's appearance in
court, that the defendant does not present a danger to a person
or the community and that the defendant will comply with all
conditions of bond. If the court deems that the defendant is to
be released on personal recognizance, the court may require
that When from all the circumstances the court is of the
opinion that the defendant will appear as required either
before or after conviction and the defendant will not pose a
danger to any person or the community and that the defendant
will comply with all conditions of bond, which shall include
the defendant's current address with a written admonishment to
be signed by the defendant requiring that he or she must comply

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with the provisions of Section 110-12 of this Code regarding
any change in his or her address, The the defendant may be
released on his or her own recognizance upon signature. The
defendant's address shall at all times remain a matter of
public record with the clerk of the court. A failure to appear
as required by such recognizance shall constitute an offense
subject to the penalty provided in Section 32-10 of the
Criminal Code of 2012 for violation of conditions of pre-trial
release the bail bond, and any obligated sum fixed in the
recognizance shall be forfeited and collected in accordance
with subsection (g) of Section 110-7 of this Code.
This Section shall be liberally construed to effectuate the
purpose of relying upon contempt of court proceedings or
criminal sanctions instead of financial loss to assure the
appearance of the defendant, and that the defendant will not
pose a danger to any person or the community and that the
defendant will comply with all conditions of pre-trial release
bond. Monetary bail should be set only when it is determined
that no other conditions of release will reasonably assure the
defendant's appearance in court, that the defendant does not
present a danger to any person or the community and that the
defendant will comply with all conditions of bond.
The State may appeal any order permitting release by
personal recognizance.
(Source: P.A. 97-1150, eff. 1-25-13.)

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(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Issuance of warrant. Upon failure of a person
to comply with any condition of pre-trial release a bail bond
or recognizance the court having jurisdiction at the time of
such failure may on its own motion or upon motion from the
State, issue an order to show cause as to why he or she shall
not be found in contempt of court or subject to revocation or
forfeiture of pre-trial release. The order issued by the court
shall state the facts alleged to constitute the hearing to show
cause or otherwise why the person is subject to revocation or
forfeiture of pre-trial release. A certified copy of the order
shall be served upon the person at least 48 hours in advance of
the scheduled hearing. If the person does not appear at the
hearing to show cause or absconds, the court may, in addition
to any other action provided by law, issue a warrant for the
arrest of the person at liberty on pre-trial release bail or
his or her own recognizance. The contents of such a warrant
shall be the same as required for an arrest warrant issued upon
complaint and may modify any previously imposed conditions
placed upon the person, rather than revoking pre-trial release
or issuing a warrant for the person. When a defendant is at
liberty on pre-trial release bail or his or her own
recognizance on a felony charge and fails to appear in court as
directed, the court shall issue a warrant for the arrest of
such person after his or her failure to appear at the show for
cause hearing as provided in this Section. Such warrant shall

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be noted with a directive to peace officers to arrest the
person and hold such person without pre-trial release bail and
to deliver such person before the court for further
proceedings. The court may not revoke pretrial release and
order the defendant detained pending trial unless, after
considering all relevant circumstances including, but not
limited to, the nature and seriousness of the violation or
criminal act alleged, the court finds clear and convincing
evidence that no condition or combination of conditions of
release would reasonably assure the appearance of the defendant
for later hearings and protect the integrity of the judicial
proceedings from a specific threat to a witness or participant.
A defendant who is arrested or surrenders within 30 days of the
issuance of such warrant shall not be bailable in the case in
question unless he shows by the preponderance of the evidence
that his failure to appear was not intentional.
(Source: P.A. 86-298; 86-984; 86-1028.)
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses for which pre-trial release
may be denied.
(a) All persons shall be presumed to be subject to release
bailable before conviction, but the presumption may be overcome
by clear and convincing evidence for except the following
offenses where the proof is evident or the presumption great
that the defendant is guilty of the offense:

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(1) capital offenses;
(2) offenses for which a sentence of life imprisonment
may be imposed as a consequence of conviction;
(3) forcible 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 and present
threat to the physical safety of any person or persons;
(4) a forcible felony without mandatory imprisonment
as a consequence of conviction or 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 the denial of release denial of bail is
necessary to prevent fulfillment of the threat upon which
the charge is based; or
(5) 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 or felony
unlawful use of weapons, where the court, after a hearing,
determines that the release of the defendant would pose a

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real and present threat to the physical safety of any
person and denial of release bail is necessary to prevent
fulfillment of that threat; or
(6) 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 release bail is necessary to prevent
fulfillment of that threat; or
(7) a felony other than a forcible felony, 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
that denial of release is necessary to prevent fulfillment
of the threat upon which that charge is based.
(b) (Blank). 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 pre-trial release 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

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or persons, the burden of proof of such allegations shall be
upon the State to overcome by clear and convincing evidence
that no condition or combination of conditions short of
detention could protect the community and preserve the
integrity of the judicial proceedings from an articulable
threat to a witness or participant.
(d) When it is alleged that pre-trial release 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.
(e) If pre-trial release is denied, the court must issue in
writing a statement of reasons explaining the specific risks
posed by the person and findings of fact concerning why no
condition or combination of conditions could reasonably
mitigate those risks.
(f) If pre-trial release is denied, the defendant shall be
granted the right to an appeal upon motion of the defendant.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of pre-trial release.
(a) In determining the amount of monetary bail or
conditions of pre-trial release, if any, which will reasonably
assure the appearance of a defendant as required or the safety

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of any other person or the community and the likelihood of
compliance by the defendant with all the conditions of
pre-trial release bail, the court may shall, on the basis of
available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the eligible
defendant, except that the court may consider the
admissibility of any evidence sought to be excluded;
(3) the history and characteristics of the eligible
defendant, including (i) the eligible defendant's
character, physical and mental condition, family ties,
employment, financial resources, length of residence in
the community, community ties, past conduct, history
relating to drug or alcohol abuse, criminal history, and
record concerning appearance at court proceedings; and
(ii) whether, at the time of the current offense or arrest,
the eligible defendant was on probation, parole, mandatory
supervised release, or on other release pending trial,
sentencing, appeal, or completion of sentence for an
offense under federal law, or the law of this or any other
state;
(4) the nature and seriousness of the danger to any
other person or the community that would be posed by the
eligible defendant's release, if applicable;
(5) the nature and seriousness of the risk of

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obstructing or attempting to obstruct the criminal justice
process that would be posed by the eligible defendant's
release, if applicable; and
(6) the release recommendation of the pretrial
services program obtained using a risk assessment
instrument under subsection (b-5) of Section 110-5.1 of
this Article.
(a-3) If the court determines that defendant is not to be
released on personal recognizance, the court shall impose the
least restrictive conditions or combination of conditions that
the court determines will reasonably assure the appearance of
the defendant for later hearings and protect the integrity of
the judicial proceedings from a specific threat to a witness or
participant.
(a-5) Access to money shall not be a factor in what
conditions are made available to the defendant nor shall
inability to pay fees or costs prevent a defendant from being
eligible for or accessing the least restrictive conditions
ordered by the court. 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

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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

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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

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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

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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.
(b) (Blank). 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

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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) (Blank). 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

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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)(Blank). 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) (Blank). 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.

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(e) (Blank). 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;

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(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

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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 pre-trial
release 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 pre-trial release 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 5/110-5.1)
Sec. 110-5.1. Bail; Pre-trial release of certain persons
charged with violent crimes against family or household

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members.
(a) Subject to subsection (c), a person who is charged with
a violent crime shall appear before the court for the setting
of conditions of pre-trial release bail if the alleged victim
was a family or household member at the time of the alleged
offense, and if any of the following applies:
(1) the person charged, at the time of the alleged
offense, was subject to the terms of an order of protection
issued under Section 112A-14 of this Code or Section 214 of
the Illinois Domestic Violence Act of 1986 or previously
was convicted of 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 a violent crime if the
victim was a family or household member at the time of the
offense or a violation of a substantially similar municipal
ordinance or law of this or any other state or the United
States if the victim was a family or household member at
the time of the offense;
(2) the arresting officer indicates in a police report
or other document accompanying the complaint any of the
following:
(A) that the arresting officer observed on the
alleged victim objective manifestations of physical
harm that the arresting officer reasonably believes
are a result of the alleged offense;
(B) that the arresting officer reasonably believes

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that the person had on the person's person at the time
of the alleged offense a deadly weapon;
(C) that the arresting officer reasonably believes
that the person presents a credible threat of serious
physical harm to the alleged victim or to any other
person if released on bail before trial.
(b) To the extent that information about any of the
following is available to the court, the court shall consider
all of the following, in addition to any other circumstances
considered by the court, before determining conditions of
pre-trial release setting bail for a person who appears before
the court under pursuant to subsection (a):
(1) whether the person has a history of domestic
violence or a history of other violent acts;
(2) the mental health of the person;
(3) whether the person has a history of violating the
orders of any court or governmental entity;
(4) whether the person is potentially a threat to any
other person;
(5) whether the person has access to deadly weapons or
a history of using deadly weapons;
(6) whether the person has a history of abusing alcohol
or any controlled substance;
(7) the severity of the alleged violence that is the
basis of the alleged offense, including, but not limited
to, the duration of the alleged violent incident, and

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whether the alleged violent incident involved serious
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;
(8) 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;
(9) 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;
(10) whether the person has expressed suicidal or
homicidal ideations; and
(11) any information contained in the complaint and any
police reports, affidavits, or other documents
accompanying the complaint.
(b-5) The court may use a regularly validated risk
assessment tool. If a risk assessment tool is used, the
defendant's counsel shall be provided with the information and
scoring system of the risk assessment tool used to arrive at
the determination. The defendant retains the right to challenge
the validity of a risk assessment tool used by the court and to
present evidence relevant to the defendant's challenge.
(c) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may

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permit a person who is required to appear before it by
subsection (a) to appear by video conferencing equipment. If,
in the opinion of the court, the appearance in person or by
video conferencing equipment of a person who is charged with a
misdemeanor and who is required to appear before the court by
subsection (a) is not practicable, the court may waive the
appearance and release the person. on bail on one or both of
the following types of bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the
amount of the bond in cash;
(2) a surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at
the option of the person.
(d) The pre-trial release hearing may be reopened before or
after a determination by the court under this Section before
trial begins at the request of the defendant if 2 court days
notice is given to the State.
Subsection (a) does not create a right in a person to
appear before the court for determining conditions of pre-trial
release the setting of bail or prohibit a court from requiring
any person charged with a violent crime who is not described in
subsection (a) from appearing before the court for the setting
of conditions of pre-trial release bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
Section 3 of the Rights of Crime Victims and Witnesses Act.

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(2) "Family or household member" has the meaning
ascribed to it in Section 112A-3 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Order to show cause; issuance of warrant.
(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 pre-trial release the bail bond or grant
pre-trial release bail where it has been previously revoked or
denied. If pre-trial release bail has been previously revoked
under pursuant to subsection (f) of this Section or if
pre-trial release 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 pre-trial release bail proceedings. If the court
grants pre-trial release 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.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of pre-trial release bail as
ordered by the court shall constitute grounds for the court to

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increase the amount of bail, or otherwise alter the conditions
of pre-trial release bail, or, where the alleged offense
committed on pre-trial release 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
pre-trial release under 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 by a person of any of the conditions of pre-trial
release the bail bond the court may on its own motion or upon
motion of the State, issue an order to show cause as to why he
or she shall not be found in contempt of court or subject to
revocation or forfeiture of pre-trial release. The order issued
by the court shall state the facts alleged to constitute the
hearing to show cause or otherwise why the person is subject to
revocation or forfeiture of pre-trial release. A certified copy
of the order shall be served upon the person at least 48 hours
in advance of the scheduled hearing. If the person does not
appear at the hearing to show cause or absconds, the court may

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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
under pursuant to this Section. When the defendant is charged
with a felony offense and while free on pre-trial release bail
is charged with a subsequent felony offense and is the subject
of a proceeding under 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 pre-trial
release 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 pre-trial release bail as ordered by the court
the court may enter an order altering increasing the amount of
bail or alter the conditions of pre-trial release bail as
deemed appropriate.
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would

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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 pre-trial
release 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 pre-trial release bail in accordance with
the following provisions:
(1) The court shall hold the defendant without
pre-trial release bail pending the hearing on the alleged
breach; however, if the defendant is not released 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 pre-trial
release 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

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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 or her. 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 of
conditions or revocation of pre-trial release 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

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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 released
admitted to bail, or where the defendant is on pre-trial
release 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 pre-trial release 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

10000HB3421ham001 - 89 - LRB100 05621 SLF 24299 a
impeachment, or as provided in Section 115-10.1 of this
Code or in a perjury proceeding.
(4) If pre-trial release the bail of any defendant is
revoked under 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
or she was formerly released on bail within 90 days after
the date on which his or her pre-trial release bail was
revoked. If the defendant is not brought to trial within
the 90 day period required by the preceding sentence, he or
she shall not be held longer without pre-trial release
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 under 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 under pursuant to this Code, the defendant shall be
transferred promptly to the court which issued the such
warrant. If, however, the defendant appears initially
before a court other than the court which issued the such
warrant, the non-issuing court shall not alter the
conditions of pre-trial release previously amount of bail
heretofore set on the such warrant unless the court sets
forth on the record of proceedings the conclusions of law

10000HB3421ham001 - 90 - LRB100 05621 SLF 24299 a
and facts which are the basis for such altering of another
court's conditions of pre-trial release bond. The
non-issuing court shall not alter another court's
conditions of pre-trial release previously 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 pre-trial release the bail bond or granted
pre-trial release bail where it has previously been revoked.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pre-trial release bail in
non-probationable felony offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether pre-trial release bail
should be denied to a defendant who is charged with a forcible
felony offense for which a sentence of imprisonment, without
probation, periodic imprisonment or conditional discharge, is
required by law upon conviction, when it is alleged that the
defendant's admission pre-trial release to bail poses a real
and present threat to the physical safety of any person or
persons.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within

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the 21 calendar days, except as provided in Section 110-6,
after arrest and release of the defendant upon reasonable
notice to defendant; provided that while such petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a continuance.
A continuance on motion of the defendant may not exceed 5
calendar days, and a continuance on the motion of the State
may not exceed 3 calendar days. The defendant may be held
in custody during such continuance.
(b) The court may deny pre-trial release bail to the
defendant where, after the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a sentence
of imprisonment, without probation, periodic imprisonment
or conditional discharge, must be imposed by law as a
consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection

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Act which is a Class X felony, and
(3) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Article, can reasonably assure the physical safety of
any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. The defendant Defendant has
the right to be represented by counsel, and if he or
she is indigent, to have counsel appointed for him or
her. The defendant Defendant shall have the
opportunity to testify, to present witnesses in his own
behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his or her favor. When the ends of
justice so require, the court may exercise exercises
its discretion and compel the appearance of a
complaining witness. The court shall state on the
record reasons for granting a defense request to compel
the presence of a complaining witness.
Cross-examination of a complaining witness at the

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pre-trial pretrial detention hearing for the purpose
of impeaching the witness' credibility is insufficient
reason to compel the presence of the witness. In
deciding whether to compel the appearance of a
complaining witness, the court shall be considerate of
the emotional and physical well-being of the witness.
The pre-trial detention hearing is not to be used for
purposes of discovery, and the post arraignment rules
of discovery do not apply. The State shall tender to
the defendant, prior to the hearing, copies of
defendant's criminal history, if any, if available,
and any written or recorded statements and the
substance of any oral statements made by any person, if
relied upon by the State in its petition. The court may
use a regularly validated risk assessment tool. If a
risk assessment tool is used, the defendant's counsel
shall be provided with the information and scoring
system of the risk assessment tool used to arrive at
the determination. The defendant retains the right to
challenge the validity of a risk assessment tool used
by the court and to present evidence relevant to the
defendant's challenge. The rules concerning the
admissibility of evidence in criminal trials do not
apply to the presentation and consideration of
information at the hearing. At the trial concerning the
offense for which the hearing was conducted neither the

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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.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state of
the prosecution.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by the
State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
safety of any person or persons, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon.
(2) The history and characteristics of the defendant
including:

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(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. The Such evidence
may include testimony or documents received in
juvenile proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric, or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;

10000HB3421ham001 - 96 - LRB100 05621 SLF 24299 a
(8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without pre-trial release bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under pursuant to subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which he
or she is detained within 90 days after the date on which the
order for detention was entered. If the defendant is not
brought to trial within the 90-day period required by the

10000HB3421ham001 - 97 - LRB100 05621 SLF 24299 a
preceding sentence, he or she shall not be held longer without
pre-trial release 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.
(g) The pre-trial release hearing may be reopened before or
after a determination by the court under this Section before
trial begins at the request of the defendant if 2 court days
notice is given to the State. Rights of the defendant. The
defendant Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction Detention.
(a) The court may order that a person who has been found
guilty of an offense and who is waiting imposition or execution
of sentence be held without pre-trial release bond unless the
court finds by clear and convincing evidence that the person is
not likely to flee or pose a danger to any other person or the
community if released under Sections 110-5 and 110-10 of this
Act.

10000HB3421ham001 - 98 - LRB100 05621 SLF 24299 a
(b) (Blank). The court may order that person who has been
found guilty of an offense and sentenced to a term of
imprisonment be held without bond unless the court finds by
clear and convincing evidence that:
(1) the person is not likely to flee or pose a danger
to the safety of any other person or the community if
released on bond pending appeal; and
(2) that the appeal is not for purpose of delay and
raises a substantial question of law or fact likely to
result in reversal or an order for a new trial.
(Source: P.A. 96-1200, eff. 7-22-10.)
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. Denial of pre-trial release bail in stalking
and aggravated stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether pre-trial release bail
should be denied to a defendant who is charged with stalking or
aggravated stalking, when it is alleged that the defendant's
pre-trial release admission to bail poses a real and present
threat to the physical safety of the alleged victim of the
offense, and denial of pre-trial release on bail or personal
recognizance is necessary to prevent fulfillment of the threat
upon which the charge is based.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within

10000HB3421ham001 - 99 - LRB100 05621 SLF 24299 a
21 calendar days, except as provided in Section 110-6,
after arrest and release of the defendant upon reasonable
notice to defendant; provided that while the petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a continuance.
A continuance on motion of the defendant may not exceed 5
calendar days, and the defendant may be held in custody
during the continuance. A continuance on the motion of the
State may not exceed 3 calendar days; however, the
defendant may be held in custody during the continuance
under this provision if the defendant has been previously
found to have violated an order of protection or has been
previously convicted of, or granted court supervision for,
any of the offenses set forth in Sections 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3,
12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012, against the same person as the alleged victim of
the stalking or aggravated stalking offense.
(b) The court may deny pre-trial release bail to the
defendant when, after the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed the offense of stalking or

10000HB3421ham001 - 100 - LRB100 05621 SLF 24299 a
aggravated stalking; and
(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense;
and
(3) the denial of pre-trial release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Code, including mental health treatment at a community
mental health center, hospital, or facility of the
Department of Human Services, can reasonably assure the
physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of
proffer based upon reliable information offered by the
State or by defendant. The defendant Defendant has the
right to be represented by counsel, and if he is
indigent, to have counsel appointed for him or her. The
defendant Defendant shall have the opportunity to
testify, to present witnesses in his or her own behalf,
and to cross-examine witnesses if any are called by the

10000HB3421ham001 - 101 - LRB100 05621 SLF 24299 a
State. The defendant has the right to present witnesses
in his or her favor. When the ends of justice so
require, the court may exercise its discretion and
compel the appearance of a complaining witness. The
court shall state on the record reasons for granting a
defense request to compel the presence of a complaining
witness. Cross-examination of a complaining witness at
the pretrial detention hearing for the purpose of
impeaching the witness' credibility is insufficient
reason to compel the presence of the witness. In
deciding whether to compel the appearance of a
complaining witness, the court shall be considerate of
the emotional and physical well-being of the witness.
The pre-trial pretrial detention hearing is not to be
used for the purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State. The court may use
a regularly validated risk assessment tool. If a risk
assessment tool is used, the defendant's counsel shall
be provided with the information and scoring system of
the risk assessment tool used to arrive at the
determination. The defendant retains the right to

10000HB3421ham001 - 102 - LRB100 05621 SLF 24299 a
challenge the validity of a risk assessment tool used
by the court and to present evidence relevant to the
defendant's challenge. The rules concerning the
admissibility of evidence in criminal trials do not
apply to the presentation and consideration of
information at the hearing. At the trial concerning the
offense for which the hearing was conducted 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.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state of
the prosecution.
(2) The facts relied upon by the court to support a
finding that:
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(B) the denial of pre-trial release on bail or
personal recognizance is necessary to prevent
fulfillment of the threat upon which the charge is

10000HB3421ham001 - 103 - LRB100 05621 SLF 24299 a
based;
shall be supported by clear and convincing evidence
presented by the State.
(d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends
to indicate a violent, abusive, or assaultive nature,
or lack of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the

10000HB3421ham001 - 104 - LRB100 05621 SLF 24299 a
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(e) The court shall, in any order denying pre-trial release
bail to a person charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without pre-trial release bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable

10000HB3421ham001 - 105 - LRB100 05621 SLF 24299 a
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he or she is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial
within the 90-day period required by this subsection (f), he or
she shall not be held longer without pre-trial release 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. The court shall immediately notify the alleged
victim of the offense that the defendant has been released
admitted to bail under this subsection.
(g) The pre-trial release hearing may be reopened before or
after a determination by the court under this Section before
trial begins at the request of the defendant if 2 court days
notice is given to the State. The defendant Any person shall be
entitled to appeal any order entered under this Section denying
pre-trial release bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.

10000HB3421ham001 - 106 - LRB100 05621 SLF 24299 a
(i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14.)
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. Process Deposit of bail security.
(a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger

10000HB3421ham001 - 107 - LRB100 05621 SLF 24299 a
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community
Protection Act which is a Class X felony, 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, the court may require the
defendant to deposit a sum equal to 100% of the bail. Where any
person is charged with a forcible felony while on pre-trial
release free on bail and is the subject of proceedings under
Section 109-3 of this Code the judge conducting the preliminary
examination may also conduct a hearing upon the application of
the State under pursuant to the provisions of Section 110-6 of
this Code to increase or revoke conditions of pre-trial release
the bail for that person's prior alleged offense.
(b) (Blank). Upon depositing this sum and any bond fee
authorized by law, the person shall be released from custody
subject to the conditions of the bail bond.
(c) Once pre-trial release bail has been given and a charge
is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the
original conditions of pre-trial release bail in that court
subject to the provisions of Section 110-6 of this Code.
(d) After conviction the court may order that the original
conditions of pre-trial release bail stand as bail pending
appeal or deny, increase, or reduce conditions of pre-trial

10000HB3421ham001 - 108 - LRB100 05621 SLF 24299 a
release bail subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court allowing
or denying pre-trial release bail pending appeal either party
may apply to the reviewing court having jurisdiction or to a
justice thereof sitting in vacation for an order increasing or
decreasing the the conditions of pre-trial release amount of
bail or allowing or denying pre-trial release bail pending
appeal subject to the provisions of Section 110-6.2.
(f) (Blank). When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as
bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf of a

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defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) (Blank). If the accused does not comply with the
conditions of the bail bond the court having jurisdiction shall
enter an order declaring the bail to be forfeited. Notice of
such order of forfeiture shall be mailed forthwith to the
accused at his last known address. If the accused does not
appear and surrender to the court having jurisdiction within 30
days from the date of the forfeiture or within such period
satisfy the court that appearance and surrender by the accused
is impossible and without his fault the court shall enter
judgment for the State if the charge for which the bond was
given was a felony or misdemeanor, or if the charge was

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quasi-criminal or traffic, judgment for the political
subdivision of the State which prosecuted the case, against the
accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population of less
than 3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less costs,
retain the deposit for further disposition or, if a cash bond
was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of the
cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support or
maintenance is due. The deposit made in accordance with
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision of
this State, or to the treasury of the county wherein the bond
was taken if the offense was a violation of any penal statute
of this State. The balance of the judgment may be enforced and
collected in the same manner as a judgment entered in a civil
action.
(h) (Blank). After a judgment for a fine and court costs or
either is entered in the prosecution of a cause in which a

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deposit had been made in accordance with paragraph (a) the
balance of such deposit, after deduction of bail bond costs,
shall be applied to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or a
comparable offense of a unit of local government as specified
in Supreme Court Rule 551, and if the accused does not appear
in court on the date set for appearance or any date to which
the case may be continued and the court issues an arrest
warrant for the accused, based upon his or her failure to
appear when having so previously been ordered to appear by the
court, the accused upon his or her admission to bail shall be
assessed by the court a fee of $75. Payment of the fee shall be
a condition of release unless otherwise ordered by the court.
The fee shall be in addition to any bail that the accused is
required to deposit for the offense for which the accused has
been charged and may not be used for the payment of court costs
or fines assessed for the offense. The clerk of the court shall
remit $70 of the fee assessed to the arresting agency who
brings the offender in on the arrest warrant. If the Department
of State Police is the arresting agency, $70 of the fee
assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit into
the State Police Operations Assistance Fund. The clerk of the

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court shall remit $5 of the fee assessed to the Circuit Court
Clerk Operation and Administrative Fund as provided in Section
27.3d of the Clerks of Courts Act.
(Source: P.A. 99-412, eff. 1-1-16.)
(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
Sec. 110-9. Pre-trial release Taking of bail by peace
officer. A peace officer shall When bail has been set by a
judicial officer for a particular offense or offender any
sheriff or other peace officer may take bail in accordance with
the provisions of Section 110-7 or 110-8 of this Code and
release the offender to appear in accordance with the
conditions of pre-trial release the bail bond, the Notice to
Appear, or the Summons. The officer shall give a receipt to the
offender for the bail so taken and within a reasonable time
deposit such bail with the clerk of the court having
jurisdiction of the offense. A sheriff or other peace officer
taking bail in accordance with the provisions of Section 110-7
or 110-8 of this Code shall accept payments made in the form of
currency, and may accept other forms of payment as the sheriff
shall by rule authorize. For purposes of this Section,
"currency" has the meaning provided in subsection (a) of
Section 3 of the Currency Reporting Act.
(Source: P.A. 99-618, eff. 1-1-17.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

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Sec. 110-10. Conditions of pre-trial release bail bond.
(a) If a person is released prior to conviction, either
upon setting of conditions of pre-trial release payment of bail
security or on his or her own recognizance, the conditions of
the pre-trial release bail bond shall be that he or she shall
will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and process
of the court;
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take custody
of and impound the firearms and physically surrender his or
her Firearm Owner's Identification Card to the clerk of the
circuit court when the offense the person has been charged
with is a forcible felony, stalking, aggravated stalking,
domestic battery, any violation of the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or the Cannabis Control Act that is
classified as a Class 2 or greater felony, or any felony
violation of Article 24 of the Criminal Code of 1961 or the

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Criminal Code of 2012; the court may, however, forgo the
imposition of this condition when the circumstances of the
case clearly do not warrant it or when its imposition would
be impractical; if the Firearm Owner's Identification Card
is confiscated, the clerk of the circuit court shall mail
the confiscated card to the Department of Illinois State
Police; all legally possessed firearms shall be returned to
the person upon the charges being dismissed, or if the
person is found not guilty, unless the finding of not
guilty is by reason of insanity; and
(6) At a time and place designated by the court, submit
to a psychological evaluation when the person has been
charged with a violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal
Code of 2012 and that violation 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.
Psychological evaluations ordered under pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition of
pre-trial release bail under these circumstances, the court
shall order the defendant to refrain from entering upon the
property of the school, including any conveyance owned, leased,
or contracted by a school to transport students to or from

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school or a school-related activity, or on any public way
within 1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of
pre-trial release bail, under pursuant to Section 110-6 of this
Code. The court may change the conditions of pre-trial release
bail to include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that those such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before a such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;

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(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of a such designated person
or organization agreeing to supervise his or her release.
The Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services

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Department in a pretrial bond home supervision capacity
with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of the
Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis, methamphetamine, or
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
monitoring device, as a condition of pre-trial release such
bail bond, a fee that represents costs incidental to the
electronic monitoring for each day of such bail supervision
ordered by the court, unless after determining the
inability of the defendant to pay the fee, the court
assesses a lesser fee or no fee as the case may be. The fee
shall be collected by the clerk of the circuit court,
except as provided in an administrative order of the Chief
Judge of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services fund
under Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic

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monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of pre-trial release such bail bond, a fee which
shall represent costs incidental to the such electronic
monitoring for each day of such bail supervision ordered by
the court, unless after determining the inability of the
defendant to pay the fee, the court assesses a lesser fee
or no fee as the case may be. The fee shall be collected by
the clerk of the circuit court, except as provided in an
administrative order of the Chief Judge of the circuit
court. The clerk of the circuit court shall pay all monies

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collected from this fee to the county treasurer who shall
use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the fee
collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the
case may be, except as provided in an administrative order
of the Chief Judge of the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial

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supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all costs
incidental to pretrial services in accordance with his or
her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from operating
a motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, under pursuant to the rules promulgated by
the Secretary of State for the installation of ignition
interlock devices. Under this condition the court may allow
a defendant who is not self-employed to operate a vehicle
owned by the defendant's employer that is not equipped with
an ignition interlock device in the course and scope of the
defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) Under Section 110-6.5 comply with the conditions
of the drug testing program; and

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(17) Other Such other reasonable conditions as the
court may impose.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in setting conditions of pre-trial
release or granting bail or releasing the defendant on his own
recognizance, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not
limited to conditions that he or she will:
(1) 1. Vacate the household.
(2) 2. Make payment of temporary support to his or her
dependents.
(3) 3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the

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defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized pre-trial release bond forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of pre-trial release bond
as provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).
(f) If the defendant is released admitted to bail after
conviction the conditions of release the bail bond shall be
that he or she will, in addition to the conditions set forth in
subsections (a) and (b) hereof:
(1) Duly prosecute his or her appeal;
(2) Appear at the such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as the
court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he or she was released bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place

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designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of release remaining on bond pending sentencing.
(Source: P.A. 99-797, eff. 8-12-16.)
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Conditions of release Bail on a new trial. If
the judgment of conviction is reversed and the cause remanded
for a new trial the trial court may order that the conditions
of pre-trial release bail stand pending the such trial, or
modify the conditions imposed reduce or increase bail.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address.
A defendant who has been released admitted to bail shall
file a written notice with the clerk of the court before which
the proceeding is pending of any change in his or her address
within 24 hours after the such change, except that a defendant
who has been released and the offense is admitted to bail for a
forcible felony as defined in Section 2-8 of the Criminal Code
of 2012 shall file a written notice with the clerk of the court
before which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice
to the State's Attorney charged with the prosecution within 24
hours prior to such change. The address of a defendant who has

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been released admitted to bail shall at all times remain a
matter of public record with the clerk of the court.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
Sec. 110-16. Pre-trial release Bail bond-forfeiture in
same case or absents self during trial-not eligible for release
bailable.
If a person admitted to pre-trial release bail on a felony
charge forfeits his or her pre-trial release bond and fails to
appear in court during the 30 days immediately after the such
forfeiture, on being taken into custody thereafter he or she
shall not be eligible for release bailable in the case in
question, unless the court finds that his or her absence was
not for the purpose of obstructing justice or avoiding
prosecution.
(Source: P.A. 77-1447.)
(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
Sec. 110-18. Reimbursement. The sheriff of each county
shall certify to the treasurer of each county the number of
days that persons had been detained in the custody of the
sheriff without pre-trial release a bond being set as a result
of an order entered under pursuant to Section 110-6.1 of this
Code. The county treasurer shall, no later than January 1,
annually certify to the Supreme Court the number of days that

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persons had been detained without pre-trial release bond during
the twelve-month period ending November 30. The Supreme Court
shall reimburse, from funds appropriated to it by the General
Assembly for such purposes, the treasurer of each county an
amount of money for deposit in the county general revenue fund
at a rate of $50 per day for each day that persons were
detained in custody without pre-trial release bail as a result
of an order entered under pursuant to Section 110-6.1 of this
Code.
(Source: P.A. 85-892.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-criminal
proceeding, shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of an
order of protection under pursuant to Section 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section
112A-14,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14) or (14.5) of subsection (b) of Section 214 of

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the Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory,
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child abduction
under pursuant to Section 10-5 of the Criminal Code of 1961
or the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 112A-14, or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (5),
(6), or (8) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory.
(b) When violation is contempt of court. A violation of any
valid order of protection, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated

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the order of protection were committed, to the extent
consistent with the venue provisions of this Article. Nothing
in this Article shall preclude any Illinois court from
enforcing any valid order of protection issued in another
state. The courts of this State Illinois courts may enforce
orders of protection through both criminal prosecution and
contempt proceedings, unless the action which is second in time
is barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Pre-trial
release Bond shall be set unless specifically denied in
writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 may be enforced by any remedy provided by

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Section 607.5 of the Illinois Marriage and Dissolution of
Marriage Act. The court may enforce any order for support
issued under paragraph (12) of subsection (b) of Section
112A-14 in the manner provided for under Parts V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced under pursuant to this Section if the respondent
violates the order after respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section
112A-10.
(2) By notice under Section 112A-11.
(3) By service of an order of protection under Section
112A-22.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of

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the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsections (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent

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violation of an order of protection
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke, or modify the conditions
of pre-trial release bail bond on an underlying
criminal charge under pursuant to Section 110-6;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, under pursuant
to Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, under pursuant to Section 5-7-2 of the
Unified Code of Corrections.
(Source: P.A. 99-90, eff. 1-1-16.)
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest and an initial court
appearance for a non-capital felony or a misdemeanor, fails to
appear for trial, at the request of the State and after the
State has affirmatively proven through substantial evidence
that the defendant is willfully avoiding trial, the court may
commence trial in the absence of the defendant. Absence of a

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defendant as specified in this Section shall not be a bar to
indictment of a defendant, return of information against a
defendant, or arraignment of a defendant for the charge for
which pre-trial release bail has been granted. If a defendant
fails to appear at arraignment, the court may enter a plea of
"not guilty" on his or her behalf. If a defendant absents
himself or herself before trial on a capital felony, trial may
proceed as specified in this Section provided that the State
certifies that it will not seek a death sentence following
conviction. Trial in the defendant's absence shall be by jury
unless the defendant had previously waived trial by jury. The
absent defendant must be represented by retained or appointed
counsel. The court, at the conclusion of all of the
proceedings, may order the clerk of the circuit court to pay
counsel such sum as the court deems reasonable, from any bond
monies which were posted by the defendant with the clerk, after
the clerk has first deducted all court costs. If trial had
previously commenced in the presence of the defendant and the
defendant willfully absents himself for two successive court
days, the court shall proceed to trial. All procedural rights
guaranteed by the United States Constitution, Constitution of
the State of Illinois, statutes of this the State of Illinois,
and rules of court shall apply to the proceedings the same as
if the defendant were present in court and had not either
forfeited his bail bond or escaped from custody. The court may
set the case for a trial which may be conducted under this

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Section despite the failure of the defendant to appear at the
hearing at which the trial date is set. When such trial date is
set the clerk shall send to the defendant, by certified mail at
his or her last known address indicated on his bond slip,
notice of the new date which has been set for trial. The Such
notification shall be required when the defendant was not
personally present in open court at the time when the case was
set for trial.
(b) The absence of a defendant from a trial conducted under
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter
judgment for the defendant. Upon a verdict of guilty, the court
shall set a date for the hearing of post-trial motions and
shall hear such motion in the absence of the defendant. If
post-trial motions are denied, the court shall proceed to
conduct a sentencing hearing and to impose a sentence upon the
defendant.
(d) A defendant who is absent for part of the proceedings
of trial, post-trial motions, or sentencing, does not thereby
forfeit his or her right to be present at all remaining
proceedings.
(e) When a defendant who in his or her absence has been
either convicted or sentenced or both convicted and sentenced

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appears before the court, he or she must be granted a new trial
or new sentencing hearing if the defendant can establish that
his or her failure to appear in court was both without his or
her fault and due to circumstances beyond his or her control. A
hearing with notice to the State's Attorney on the defendant's
request for a new trial or a new sentencing hearing must be
held before any such request may be granted. At any such
hearing both the defendant and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held under in accordance with the provisions of the Unified
Code of Corrections. At any such hearing, both the defendant
and the State may offer evidence of the defendant's conduct
during his or her period of absence from the court. The court
may impose any sentence authorized by the Unified Code of
Corrections and is not in any way limited or restricted by any
sentence previously imposed.
(g) A defendant whose motion under paragraph (e) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal therefrom. The Such notice may also include a
request for review of the judgment and sentence not vacated by
the trial court.
(Source: P.A. 90-787, eff. 8-14-98.)
(725 ILCS 5/102-7 rep.)
(725 ILCS 5/110-6.5 rep.)

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(725 ILCS 5/110-8 rep.)
(725 ILCS 5/110-13 rep.)
(725 ILCS 5/110-14 rep.)
(725 ILCS 5/110-15 rep.)
(725 ILCS 5/110-17 rep.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 102-7, 110-6.5, 110-8, 110-13,
110-14, 110-15, and 110-17.
Section 25. The Pretrial Services Act is amended by
changing Sections 7, 20, 22, and 34 as follows:
(725 ILCS 185/7) (from Ch. 38, par. 307)
Sec. 7. Duties of pretrial service agencies. Pretrial
services agencies shall perform the following duties for the
circuit court:
(a) Interview and assemble verified information and data
concerning the community ties, employment, residency, criminal
record, and social background of arrested persons who are to
be, or have been, presented in court for first appearance on
felony charges, to assist the court in determining the
appropriate terms and conditions of pretrial release;
(b) Submit written reports of those investigations to the
court along with such findings and recommendations, if any, as
may be necessary to assess:
(1) the need for financial security to assure the

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defendant's appearance at later proceedings; and
(2) appropriate conditions which shall be imposed to
protect against the risks of nonappearance and commission of
new offenses or other interference with the orderly
administration of justice before trial;
(c) Supervise compliance with pretrial release conditions,
and promptly report violations of those conditions to the court
and prosecutor to assure effective enforcement;
(c-5) Provide reminders to defendants of upcoming court
dates via phone or messaging and offer transportation
assistance for indigent defendants;
(d) Cooperate with the court and all other criminal justice
agencies in the development of programs to minimize unnecessary
pretrial detention and protect the public against breaches of
pretrial release conditions; and
(e) Monitor the local operations of the pretrial release
system and maintain accurate and comprehensive records of
program activities.
(Source: P.A. 84-1449.)
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. Recommendations and evaluation. In preparing and
presenting its written reports under Sections 17 and 19,
pretrial services agencies shall in appropriate cases include
specific recommendations for the setting, increasing or
modifying the conditions of pre-trial release increase, or

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decrease of bail; the release of the interviewee on his or her
own recognizance in sums certain; and the imposition of
pretrial conditions for pre-trial release to bail or
recognizance designed to minimize the risks of nonappearance,
the commission of new offenses while awaiting trial, and other
potential interference with the orderly administration of
justice. In establishing objective internal criteria of any
such recommendation policies, the agency may utilize so-called
"point scales" for evaluating the aforementioned risks, but no
interviewee shall be considered as ineligible for particular
agency recommendations by sole reference to such procedures.
(Source: P.A. 91-357, eff. 7-29-99.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. Uniform pre-trial release order. If so ordered by
the court, the pretrial services agency shall prepare and
submit for the court's approval and signature a uniform release
order on the uniform form established by the Supreme Court in
all cases where an interviewee may be released from custody
under conditions contained in an agency report. The Such
conditions shall become part of the conditions of the pre-trial
release order bail bond. A copy of the uniform release order
shall be provided to the defendant and defendant's attorney of
record, and the prosecutor.
(Source: P.A. 84-1449.)

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(725 ILCS 185/34)
Sec. 34. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as the
Cindy Bischof Law, all probation and court services departments
are to be considered pretrial services agencies under this Act
and under the conditions of pre-trial release bail bond
provisions of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-341, eff. 8-11-09.)
Section 30. The Unified Code of Corrections is amended by
changing Sections 5-6-4 as follows:
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the
County Probation Department or such other agency
designated by the court to handle probation matters; and in
the case of conditional discharge or supervision

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violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of
a sentence of county impact incarceration, such notice
shall be issued by the Sheriff;
(2) order a summons to the offender to be present for
hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or causing
serious harm to others or when the offender fails to answer
a summons or notice from the clerk of the court or Sheriff.
Personal service of the petition for violation of probation
or the issuance of such warrant, summons or notice shall toll
the period of probation, conditional discharge, supervision,
or sentence of county impact incarceration until the final
determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county
impact incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall release the defendant admit the
offender to bail pending the hearing unless the alleged
violation is itself a criminal offense in which case the
offender shall be released admitted to bail on such terms as
are provided in the Code of Criminal Procedure of 1963, as
amended. In any case where an offender remains incarcerated
only as a result of his or her alleged violation of the court's

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earlier order of probation, supervision, conditional
discharge, or county impact incarceration the such hearing
shall be held within 14 days of the onset of said
incarceration, unless the alleged violation is the commission
of another offense by the offender during the period of
probation, supervision or conditional discharge in which case
such hearing shall be held within the time limits described in
Section 103-5 of the Code of Criminal Procedure of 1963, as
amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence, with
or without modifying or enlarging the conditions, or may impose
any other sentence that was available under Article 4.5 of
Chapter V of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing. If the court

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finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing, except
for a sentence of probation or conditional discharge. If the
court finds that the offender has violated paragraph (8.6) of
subsection (a) of Section 5-6-3, the court shall revoke the
probation of the offender. If the court finds that the offender
has violated subsection (o) of Section 5-6-3.1, the court shall
revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact incarceration
may be modified by the court on motion of the supervising
agency or on its own motion or at the request of the offender
after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise. The
amount of credit to be applied against a sentence of

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imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall be
calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration, an agent or employee of the supervising agency
with the concurrence of his or her supervisor may serve on the
defendant a Notice of Intermediate Sanctions. The Notice shall
contain the technical violation or violations involved, the
date or dates of the violation or violations, and the
intermediate sanctions to be imposed. Upon receipt of the
Notice, the defendant shall immediately accept or reject the
intermediate sanctions. If the sanctions are accepted, they
shall be imposed immediately. If the intermediate sanctions are
rejected or the defendant does not respond to the Notice, a
violation of probation, conditional discharge, supervision, or
a sentence of county impact incarceration shall be immediately
filed with the court. The State's Attorney and the sentencing
court shall be notified of the Notice of Sanctions. Upon
successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision,
or a sentence of county impact incarceration or impose
additional sanctions for the same violation. A notice of
intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence

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of county impact incarceration which could warrant an
additional, separate felony charge. The intermediate sanctions
shall include a term of home detention as provided in Article
8A of Chapter V of this Code for multiple or repeat violations
of the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V.
(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09;
96-1200, eff. 7-22-10.)
Section 35. The Uniform Criminal Extradition Act is amended
by changing Section 16 as follows:
(725 ILCS 225/16) (from Ch. 60, par. 33)
Sec. 16. Bail; in what cases; conditions of bond.
Unless the offense with which the prisoner is charged is
shown to be an offense punishable by death or life imprisonment
under the laws of the state in which it was committed, a judge
in this State may admit the person arrested to bail by bond,
with sufficient sureties, and in such sum as he or she deems
proper, conditioned for his or her appearance before him or her
at a time specified in such bond, and for his surrender, to be

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arrested upon the warrant of the Governor of this State. Bail
under this Act and the procedures for it shall be as provided
by Supreme Court Rule.
(Source: P.A. 77-1256.)
Section 40. The County Jail Good Behavior Allowance Act is
amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)
Sec. 3. Good behavior allowance. The good behavior of any
person who commences a sentence of confinement in a county jail
for a fixed term of imprisonment after January 1, 1987 shall
entitle such person to a good behavior allowance, except that:
(1) a person who inflicted physical harm upon another person in
committing the offense for which he is confined shall receive
no good behavior allowance; and (2) a person sentenced for an
offense for which the law provides a mandatory minimum sentence
shall not receive any portion of a good behavior allowance that
would reduce the sentence below the mandatory minimum; and (3)
a person sentenced to a county impact incarceration program;
and (4) a person who is convicted of criminal sexual assault
under subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3)
of Section 12-13 of the Criminal Code of 1961 or the Criminal
Code of 2012, criminal sexual abuse, or aggravated criminal
sexual abuse shall receive no good behavior allowance. The good
behavior allowance provided for in this Section shall not apply

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to individuals sentenced for a felony to probation or
conditional discharge where a condition of such probation or
conditional discharge is that the individual serve a sentence
of periodic imprisonment or to individuals sentenced under an
order of court for civil contempt.
Such good behavior allowance shall be cumulative and
awarded as provided in this Section.
The good behavior allowance rate shall be cumulative and
awarded on the following basis:
The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was
unable to post bail before sentencing, except that a prisoner
serving a sentence of periodic imprisonment under Section 5-7-1
of the Unified Code of Corrections shall only be eligible to
receive good behavior allowance if authorized by the sentencing
judge. Each day of good behavior allowance shall reduce by one
day the prisoner's period of incarceration set by the court.
For the purpose of calculating a prisoner's good behavior
allowance, a fractional part of a day shall not be calculated
as a day of service of sentence in the county jail unless the
fractional part of the day is over 12 hours in which case a
whole day shall be credited on the good behavior allowance.
If consecutive sentences are served and the time served

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amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 45. The Civil No Contact Order Act is amended by
changing Section 220 as follows:
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
of this State from enforcing a valid protective order issued in
another state.
(b) Courts of this State Illinois courts may enforce civil
no contact orders through both criminal proceedings and civil
contempt proceedings, unless the action which is second in time
is barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under

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this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding, shall be enforced by a criminal court when the
respondent commits the crime of violation of a civil no contact
order under pursuant to Section 219 by having knowingly
violated:
(1) remedies described in Section 213 and included in a
civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of another
state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with the
venue provisions of this Act.

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(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of criminal
contempt sets forth facts evidencing an immediate danger
that the respondent will flee the jurisdiction or inflict
physical abuse on the petitioner or minor children or on
dependent adults in the petitioner's care, the court may
order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt.
Conditions of pre-trial release Bond shall be set unless
specifically denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be
enforced under pursuant to this Section if the respondent
violates the order after the respondent has actual knowledge of
its contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.

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(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsection (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:

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(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court may
consider evidence of any previous violations of a civil no
contact order:
(i) to increase, revoke, or modify the conditions
of pre-trial release bail bond on an underlying
criminal charge under pursuant to Section 110-6 of the
Code of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, under pursuant
to Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic

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imprisonment, under pursuant to Section 5-7-2 of the
Unified Code of Corrections.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
Section 50. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 223 and 301 as follows:
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of an
order of protection under pursuant to Section 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a

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crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child abduction
under pursuant to Section 10-5 of the Criminal Code of 1961
or the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under the
laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of any
valid Illinois order of protection under this State, whether
issued in a civil or criminal proceeding, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or
acts which violated the order of protection were committed, to
the extent consistent with the venue provisions of this Act.
Nothing in this Act shall preclude any Illinois court from
enforcing any valid order of protection issued in another

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state. Courts of this State Illinois courts may enforce orders
of protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Conditions
of pre-trial release Bond shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of

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this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8), or
(9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced under pursuant to this Section if the respondent
violates the order after the respondent has actual knowledge of
its contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,

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entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsections (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving

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petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions of
pre-trial release bail bond on an underlying criminal
charge under pursuant to Section 110-6 of the Code of
Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, under pursuant
to Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, under pursuant to Section 5-7-2 of the
Unified Code of Corrections.
(5) In addition to any other penalties, the court shall
impose an additional fine of $20 as authorized by Section
5-9-1.11 of the Unified Code of Corrections upon any person

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convicted of or placed on supervision for a violation of an
order of protection. The additional fine shall be imposed
for each violation of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to 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, even if the crime was not committed in
the presence of the officer.
(b) The law enforcement officer may verify the existence of
an order of protection by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by the petitioner or respondent.
(c) Any law enforcement officer may make an arrest without
warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision (d)(1)
or (d)(2) of Section 110-10 of the Code of Criminal Procedure
of 1963 has violated a condition of his or her pre-trial
release bail bond or recognizance.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)".