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


Bill Title: Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail, except under the Uniform Criminal Extradition Act. Provides that the court may employ the use of a validated risk assessment tool in certain instances at pre-trial release hearings. Amends the Clerks of Court Act. Provides that on the first day of each month, the clerk of the court shall prepare and file with the Supreme Court a report of the pre-trial release hearings completed within the previous month. This report shall include for each arrestee ordered released and detained the following: the offense for which the was arrestee was charged, and the judge issuing the pre-trial decision. Provides that the clerk of court shall compile a quarterly report to be published for the public on the website of the Supreme Court and each circuit court's website, or if the circuit court does not have a website, on the website of the county. The quarterly report is to include, but is not limited to, the number of arrests by county, the number of cases prosecuted in the circuit court, an analysis of the percentage of arrestees detained by offense type, an analysis of the types of pre-trial release conditions by offense type, the rate of willful failure to appear, and the percentage of arrestees found to have committed violent felonies on release. Amends the Pretrial Services Act. Provides that pretrial service agencies shall provide reminders to defendants of upcoming court dates via phone or messaging and offer transportation assistance for indigent defendants. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2017-04-20 - Added Co-Sponsor Rep. Camille Y. Lilly [HB3421 Detail]

Download: Illinois-2017-HB3421-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3421

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:
See Index

Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail, except under the Uniform Criminal Extradition Act. Provides that the court may employ the use of a validated risk assessment tool in certain instances at pre-trial release hearings. Amends the Clerks of Court Act. Provides that on the first day of each month, the clerk of the court shall prepare and file with the Supreme Court a report of the pre-trial release hearings completed within the previous month. This report shall include for each arrestee ordered released and detained the following: the offense for which the was arrestee was charged, and the judge issuing the pre-trial decision. Provides that the clerk of court shall compile a quarterly report to be published for the public on the website of the Supreme Court and each circuit court's website, or if the circuit court does not have a website, on the website of the county. The quarterly report is to include, but is not limited to, the number of arrests by county, the number of cases prosecuted in the circuit court, an analysis of the percentage of arrestees detained by offense type, an analysis of the types of pre-trial release conditions by offense type, the rate of willful failure to appear, and the percentage of arrestees found to have committed violent felonies on release. Amends the Pretrial Services Act. Provides that pretrial service agencies shall provide reminders to defendants of upcoming court dates via phone or messaging and offer transportation assistance for indigent defendants. Amends various other Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 16-103 as follows:
6 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
7 Sec. 16-103. Arrest outside county where violation
8committed.
9 Whenever a defendant is arrested upon a warrant charging a
10violation of this Act in a county other than that in which the
11such warrant was issued, the arresting officer, immediately
12upon the request of the defendant, shall take such defendant
13before a circuit judge or associate circuit judge in the county
14in which the arrest was made who shall admit the defendant to
15bail for his appearance before the court named in the warrant.
16On releasing the defendant taking such bail the circuit judge
17or associate circuit judge shall certify the such fact on the
18warrant and deliver the warrant, and undertaking of bail or
19other nonmonetary security, or the drivers license of such
20defendant if deposited, under the law relating to such
21licenses, in lieu of the such security, to the officer having
22charge of the defendant. The Such officer shall then
23immediately discharge the defendant from arrest and without

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1delay deliver the such warrant and such undertaking of bail, or
2other security or drivers license to the court before which the
3defendant is required to appear.
4(Source: P.A. 77-1280.)
5 Section 10. The Clerks of Courts Act is amended by changing
6Sections 14, 27.3a, 27.3b, 27.5, and 27.6 as follows:
7 (705 ILCS 105/14) (from Ch. 25, par. 14)
8 Sec. 14. Clerk of court record-keeping. The clerks shall
9enter of record all judgments and orders of their respective
10courts, as soon after the rendition or making thereof as
11practicable.
12 Immediately after a judgment of dissolution of marriage or
13declaration of invalidity of marriage is granted in this State,
14the clerk of the court which granted the judgment of
15dissolution of marriage or declaration of invalidity of
16marriage shall complete and sign the form furnished by the
17Department of Public Health, and forward such form to the
18Department of Public Health within 45 days after the close of
19the month in which the judgment is rendered.
20 On the first day of each month, the clerk of the court
21shall prepare and file with the Supreme Court a report of the
22pre-trial release hearings completed within the previous
23month. This report shall include for each arrestee ordered
24released and detained the following: the offense for which the

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1arrestee was charged and the judge issuing the pre-trial
2release decision. For arrestees ordered released the report
3shall include: a list of the conditions of pre-trial release,
4if any, the race, gender, age, and the risk assessment score or
5recommendation for the arrestee, if provided by the court.
6Pre-trial release decisions shall be available aggregated by
7charged offense and the demographic information of the
8arrestee, including the race, ethnicity, gender, and age. The
9clerk of the court shall compile a quarterly report to
10published for the public on the website of the Supreme Court
11and on each circuit court's website, or if the circuit court
12does not have a website, on the website of the county. The
13quarterly report shall include, but is not limited to, the
14number of arrests by county, the number of cases prosecuted in
15each circuit court, an analysis of the percentage of arrestees
16detained by offense type, an analysis of the types of pre-trial
17release conditions by offense type, the rate of willful failure
18to appear, and the percentage of arrestees found to have
19committed violent felonies on pre-trial release. These records
20are subject to disclosure under the Freedom of Information Act.
21(Source: P.A. 83-346.)
22 (705 ILCS 105/27.3a)
23 Sec. 27.3a. Fees for automated record keeping, probation
24and court services operations, State and Conservation Police
25operations, and e-business programs.

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1 1. The expense of establishing and maintaining automated
2record keeping systems in the offices of the clerks of the
3circuit court shall be borne by the county. To defray such
4expense in any county having established such an automated
5system or which elects to establish such a system, the county
6board may require the clerk of the circuit court in their
7county to charge and collect a court automation fee of not less
8than $1 nor more than $25 to be charged and collected by the
9clerk of the court. Such fee shall be paid at the time of
10filing the first pleading, paper or other appearance filed by
11each party in all civil cases or by the defendant in any
12felony, traffic, misdemeanor, municipal ordinance, or
13conservation case upon a judgment of guilty or grant of
14supervision, provided that the record keeping system which
15processes the case category for which the fee is charged is
16automated or has been approved for automation by the county
17board, and provided further that no additional fee shall be
18required if more than one party is presented in a single
19pleading, paper or other appearance. Such fee shall be
20collected in the manner in which all other fees or costs are
21collected.
22 1.1. Starting on July 6, 2012 (the effective date of Public
23Act 97-761) and under pursuant to an administrative order from
24the chief judge of the circuit or the presiding judge of the
25county authorizing such collection, a clerk of the circuit
26court in any county that imposes a fee under pursuant to

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1subsection 1 of this Section shall also charge and collect an
2additional $10 operations fee for probation and court services
3department operations.
4 This additional fee shall be paid by the defendant in any
5felony, traffic, misdemeanor, local ordinance, or conservation
6case upon a judgment of guilty or grant of supervision, except
7such $10 operations fee shall not be charged and collected in
8cases governed by Supreme Court Rule 529 in which the bail
9amount is $120 or less.
10 1.2. With respect to the fee imposed and collected under
11subsection 1.1 of this Section, each clerk shall transfer all
12fees monthly to the county treasurer for deposit into the
13probation and court services fund created under Section 15.1 of
14the Probation and Probation Officers Act, and such monies shall
15be disbursed from the fund only at the direction of the chief
16judge of the circuit or another judge designated by the Chief
17Circuit Judge in accordance with the policies and guidelines
18approved by the Supreme Court.
19 1.5. Starting on June 1, 2014, a clerk of the circuit court
20in any county that imposes a fee under pursuant to subsection 1
21of this Section, shall charge and collect an additional fee in
22an amount equal to the amount of the fee imposed under pursuant
23to subsection 1 of this Section, except the fee imposed under
24this subsection may not be more than $15. This additional fee
25shall be paid by the defendant in any felony, traffic,
26misdemeanor, or local ordinance case upon a judgment of guilty

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1or grant of supervision. This fee shall not be paid by the
2defendant for any violation listed in subsection 1.6 of this
3Section.
4 1.6. Starting on June 1, 2014, a clerk of the circuit court
5in any county that imposes a fee under pursuant to subsection 1
6of this Section shall charge and collect an additional fee in
7an amount equal to the amount of the fee imposed under pursuant
8to subsection 1 of this Section, except the fee imposed under
9this subsection may not be more than $15. This additional fee
10shall be paid by the defendant upon a judgment of guilty or
11grant of supervision for a violation under the State Parks Act,
12the Recreational Trails of Illinois Act, the Illinois
13Explosives Act, the Timber Buyers Licensing Act, the Forest
14Products Transportation Act, the Firearm Owners Identification
15Card Act, the Environmental Protection Act, the Fish and
16Aquatic Life Code, the Wildlife Code, the Cave Protection Act,
17the Illinois Exotic Weed Act, the Illinois Forestry Development
18Act, the Ginseng Harvesting Act, the Illinois Lake Management
19Program Act, the Illinois Natural Areas Preservation Act, the
20Illinois Open Land Trust Act, the Open Space Lands Acquisition
21and Development Act, the Illinois Prescribed Burning Act, the
22State Forest Act, the Water Use Act of 1983, the Illinois
23Veteran, Youth, and Young Adult Conservation Jobs Act, the
24Snowmobile Registration and Safety Act, the Boat Registration
25and Safety Act, the Illinois Dangerous Animals Act, the Hunter
26and Fishermen Interference Prohibition Act, the Wrongful Tree

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1Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
211-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
3the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
4Criminal Code of 2012.
5 1.7. Starting on the 30th day after the effective date of
6this amendatory Act of the 99th General Assembly, a clerk of
7the circuit court in any county that imposes a fee under
8pursuant to subsection 1 of this Section shall also charge and
9collect an additional $9 e-business fee. The fee shall be paid
10at the time of filing the first pleading, paper, or other
11appearance filed by each party in all civil cases, except no
12additional fee shall be required if more than one party is
13presented in a single pleading, paper, or other appearance. The
14fee shall be collected in the manner in which all other fees or
15costs are collected. The fee shall be in addition to all other
16fees and charges of the clerk, and assessable as costs, and may
17be waived only if the judge specifically provides for the
18waiver of the e-business fee. The fee shall not be charged in
19any matter coming to the clerk on a change of venue, nor in any
20proceeding to review the decision of any administrative
21officer, agency, or body.
22 2. With respect to the fee imposed under subsection 1 of
23this Section, each clerk shall commence such charges and
24collections upon receipt of written notice from the chairman of
25the county board together with a certified copy of the board's
26resolution, which the clerk shall file of record in his office.

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1 3. With respect to the fee imposed under subsection 1 of
2this Section, such fees shall be in addition to all other fees
3and charges of such clerks, and assessable as costs, and may be
4waived only if the judge specifically provides for the waiver
5of the court automation fee. The fees shall be remitted monthly
6by such clerk to the county treasurer, to be retained by him in
7a special fund designated as the court automation fund. The
8fund shall be audited by the county auditor, and the board
9shall make expenditure from the fund in payment of any cost
10related to the automation of court records, including hardware,
11software, research and development costs and personnel related
12thereto, provided that the expenditure is approved by the clerk
13of the court and by the chief judge of the circuit court or his
14designate.
15 4. With respect to the fee imposed under subsection 1 of
16this Section, such fees shall not be charged in any matter
17coming to any such clerk on change of venue, nor in any
18proceeding to review the decision of any administrative
19officer, agency or body.
20 5. With respect to the additional fee imposed under
21subsection 1.5 of this Section, the fee shall be remitted by
22the circuit clerk to the State Treasurer within one month after
23receipt for deposit into the State Police Operations Assistance
24Fund.
25 6. With respect to the additional fees imposed under
26subsection 1.5 of this Section, the Director of State Police

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1may direct the use of these fees for homeland security purposes
2by transferring these fees on a quarterly basis from the State
3Police Operations Assistance Fund into the Illinois Law
4Enforcement Alarm Systems (ILEAS) Fund for homeland security
5initiatives programs. The transferred fees shall be allocated,
6subject to the approval of the ILEAS Executive Board, as
7follows: (i) 66.6% shall be used for homeland security
8initiatives and (ii) 33.3% shall be used for airborne
9operations. The ILEAS Executive Board shall annually supply the
10Director of State Police with a report of the use of these
11fees.
12 7. With respect to the additional fee imposed under
13subsection 1.6 of this Section, the fee shall be remitted by
14the circuit clerk to the State Treasurer within one month after
15receipt for deposit into the Conservation Police Operations
16Assistance Fund.
17 8. With respect to the fee imposed under subsection 1.7 of
18this Section, the clerk shall remit the fee to the State
19Treasurer within one month after receipt for deposit into the
20Supreme Court Special Purposes Fund. Unless otherwise
21authorized by this Act, the moneys deposited into the Supreme
22Court Special Purposes Fund under this subsection are not
23subject to administrative charges or chargebacks under Section
2420 of the State Treasurer Act.
25(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
2698-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

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1 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
2 Sec. 27.3b. Payment of fines, penalties, or costs by credit
3or debit card. The clerk of court may accept payment of fines,
4penalties, or costs by credit card or debit card approved by
5the clerk from an offender who has been convicted of or placed
6on court supervision for a traffic offense, petty offense,
7ordinance offense, or misdemeanor or who has been convicted of
8a felony offense. The clerk of the circuit court may accept
9credit card payments over the Internet for fines, penalties, or
10costs from offenders on voluntary electronic pleas of guilty in
11minor traffic and conservation offenses to satisfy the
12requirement of written pleas of guilty as provided in Illinois
13Supreme Court Rule 529. The clerk of the court may also accept
14payment of statutory fees by a credit card or debit card. The
15clerk of the court may also accept the credit card or debit
16card for the cash deposit of bail bond fees.
17 The Clerk of the circuit court is authorized to enter into
18contracts with credit card or debit card companies approved by
19the clerk and to negotiate the payment of convenience and
20administrative fees normally charged by those companies for
21allowing the clerk of the circuit court to accept their credit
22cards or debit cards in payment as authorized herein. The clerk
23of the circuit court is authorized to enter into contracts with
24third party fund guarantors, facilitators, and service
25providers under which those entities may contract directly with

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1customers of the clerk of the circuit court and guarantee and
2remit the payments to the clerk of the circuit court. Where the
3offender pays fines, penalties, or costs by credit card or
4debit card or through a third party fund guarantor,
5facilitator, or service provider, or anyone paying statutory
6fees of the circuit court clerk or the posting of cash bail,
7the clerk shall collect a service fee of up to $5 or the amount
8charged to the clerk for use of its services by the credit card
9or debit card issuer, third party fund guarantor, facilitator,
10or service provider. This service fee shall be in addition to
11any other fines, penalties, or costs. The clerk of the circuit
12court is authorized to negotiate the assessment of convenience
13and administrative fees by the third party fund guarantors,
14facilitators, and service providers with the revenue earned by
15the clerk of the circuit court to be remitted to the county
16general revenue fund.
17(Source: P.A. 95-331, eff. 8-21-07.)
18 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
19 Sec. 27.5. Fines and court costs; traffic, youth diversion,
20and Child Advocacy Center.
21 (a) All fees, fines, costs, additional penalties, bail
22balances assessed or forfeited, and any other amount paid by a
23person to the circuit clerk that equals an amount less than
24$55, except restitution under Section 5-5-6 of the Unified Code
25of Corrections, reimbursement for the costs of an emergency

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1response as provided under Section 11-501 of the Illinois
2Vehicle Code, any fees collected for attending a traffic safety
3program under paragraph (c) of Supreme Court Rule 529, any fee
4collected on behalf of a State's Attorney under Section 4-2002
5of the Counties Code or a sheriff under Section 4-5001 of the
6Counties Code, or any cost imposed under Section 124A-5 of the
7Code of Criminal Procedure of 1963, for convictions, orders of
8supervision, or any other disposition for a violation of
9Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
10similar provision of a local ordinance, and any violation of
11the Child Passenger Protection Act, or a similar provision of a
12local ordinance, and except as otherwise provided in this
13Section, shall be disbursed within 60 days after receipt by the
14circuit clerk as follows: 47% shall be disbursed to the entity
15authorized by law to receive the fine imposed in the case; 12%
16shall be disbursed to the State Treasurer; and 41% shall be
17disbursed to the county's general corporate fund. Of the 12%
18disbursed to the State Treasurer, 1/6 shall be deposited by the
19State Treasurer into the Violent Crime Victims Assistance Fund,
201/2 shall be deposited into the Traffic and Criminal Conviction
21Surcharge Fund, and 1/3 shall be deposited into the Drivers
22Education Fund. For fiscal years 1992 and 1993, amounts
23deposited into the Violent Crime Victims Assistance Fund, the
24Traffic and Criminal Conviction Surcharge Fund, or the Drivers
25Education Fund shall not exceed 110% of the amounts deposited
26into those funds in fiscal year 1991. Any amount that exceeds

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1the 110% limit shall be distributed as follows: 50% shall be
2disbursed to the county's general corporate fund and 50% shall
3be disbursed to the entity authorized by law to receive the
4fine imposed in the case. Not later than March 1 of each year
5the circuit clerk shall submit a report of the amount of funds
6remitted to the State Treasurer under this Section during the
7preceding year based upon independent verification of fines and
8fees. All counties shall be subject to this Section, except
9that counties with a population under 2,000,000 may, by
10ordinance, elect not to be subject to this Section. For
11offenses subject to this Section, judges shall impose one total
12sum of money payable for violations. The circuit clerk may add
13on no additional amounts except for amounts that are required
14by Sections 27.3a and 27.3c of this Act, Section 16-104c of the
15Illinois Vehicle Code, and subsection (a) of Section 5-1101 of
16the Counties Code, unless those amounts are specifically waived
17by the judge. With respect to money collected by the circuit
18clerk as a result of forfeiture of pre-trial release bail, ex
19parte judgment or guilty plea under pursuant to Supreme Court
20Rule 529, the circuit clerk shall first deduct and pay amounts
21required by Sections 27.3a and 27.3c of this Act. Unless a
22court ordered payment schedule is implemented or fee
23requirements are waived under pursuant to a court order, the
24circuit clerk may add to any unpaid fees and costs a
25delinquency amount equal to 5% of the unpaid fees that remain
26unpaid after 30 days, 10% of the unpaid fees that remain unpaid

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1after 60 days, and 15% of the unpaid fees that remain unpaid
2after 90 days. Notice to those parties may be made by signage
3posting or publication. The additional delinquency amounts
4collected under this Section shall be deposited in the Circuit
5Court Clerk Operation and Administrative Fund to be used to
6defray administrative costs incurred by the circuit clerk in
7performing the duties required to collect and disburse funds.
8This Section is a denial and limitation of home rule powers and
9functions under subsection (h) of Section 6 of Article VII of
10the Illinois Constitution.
11 (b) The following amounts must be remitted to the State
12Treasurer for deposit into the Illinois Animal Abuse Fund:
13 (1) 50% of the amounts collected for felony offenses
14 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
15 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
16 Animals Act and Section 26-5 or 48-1 of the Criminal Code
17 of 1961 or the Criminal Code of 2012;
18 (2) 20% of the amounts collected for Class A and Class
19 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
20 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
21 for Animals Act and Section 26-5 or 48-1 of the Criminal
22 Code of 1961 or the Criminal Code of 2012; and
23 (3) 50% of the amounts collected for Class C
24 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
25 for Animals Act and Section 26-5 or 48-1 of the Criminal
26 Code of 1961 or the Criminal Code of 2012.

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1 (c) Any person who receives a disposition of court
2supervision for a violation of the Illinois Vehicle Code or a
3similar provision of a local ordinance shall, in addition to
4any other fines, fees, and court costs, pay an additional fee
5of $29, to be disbursed as provided in Section 16-104c of the
6Illinois Vehicle Code. In addition to the fee of $29, the
7person shall also pay a fee of $6, if not waived by the court.
8If this $6 fee is collected, $5.50 of the fee shall be
9deposited into the Circuit Court Clerk Operation and
10Administrative Fund created by the Clerk of the Circuit Court
11and 50 cents of the fee shall be deposited into the Prisoner
12Review Board Vehicle and Equipment Fund in the State treasury.
13 (d) Any person convicted of, pleading guilty to, or placed
14on supervision for a serious traffic violation, as defined in
15Section 1-187.001 of the Illinois Vehicle Code, a violation of
16Section 11-501 of the Illinois Vehicle Code, or a violation of
17a similar provision of a local ordinance shall pay an
18additional fee of $35, to be disbursed as provided in Section
1916-104d of that Code.
20 This subsection (d) becomes inoperative on January 1, 2020.
21 (e) In all counties having a population of 3,000,000 or
22more inhabitants:
23 (1) A person who is found guilty of or pleads guilty to
24 violating subsection (a) of Section 11-501 of the Illinois
25 Vehicle Code, including any person placed on court
26 supervision for violating subsection (a), shall be fined

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1 $750 as provided for by subsection (f) of Section 11-501.01
2 of the Illinois Vehicle Code, payable to the circuit clerk,
3 who shall distribute the money under pursuant to subsection
4 (f) of Section 11-501.01 of the Illinois Vehicle Code.
5 (2) When a crime laboratory DUI analysis fee of $150,
6 provided for by Section 5-9-1.9 of the Unified Code of
7 Corrections is assessed, it shall be disbursed by the
8 circuit clerk as provided by subsection (f) of Section
9 5-9-1.9 of the Unified Code of Corrections.
10 (3) When a fine for a violation of subsection (a) of
11 Section 11-605 of the Illinois Vehicle Code is $150 or
12 greater, the additional $50 which is charged as provided
13 for by subsection (f) of Section 11-605 of the Illinois
14 Vehicle Code shall be disbursed by the circuit clerk to a
15 school district or districts for school safety purposes as
16 provided by subsection (f) of Section 11-605.
17 (4) When a fine for a violation of subsection (a) of
18 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
19 greater, the additional $50 which is charged as provided
20 for by subsection (c) of Section 11-1002.5 of the Illinois
21 Vehicle Code shall be disbursed by the circuit clerk to a
22 school district or districts for school safety purposes as
23 provided by subsection (c) of Section 11-1002.5 of the
24 Illinois Vehicle Code.
25 (5) When a mandatory drug court fee of up to $5 is
26 assessed as provided in subsection (f) of Section 5-1101 of

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1 the Counties Code, it shall be disbursed by the circuit
2 clerk as provided in subsection (f) of Section 5-1101 of
3 the Counties Code.
4 (6) When a mandatory teen court, peer jury, youth
5 court, or other youth diversion program fee is assessed as
6 provided in subsection (e) of Section 5-1101 of the
7 Counties Code, it shall be disbursed by the circuit clerk
8 as provided in subsection (e) of Section 5-1101 of the
9 Counties Code.
10 (7) When a Children's Advocacy Center fee is assessed
11 under pursuant to subsection (f-5) of Section 5-1101 of the
12 Counties Code, it shall be disbursed by the circuit clerk
13 as provided in subsection (f-5) of Section 5-1101 of the
14 Counties Code.
15 (8) When a victim impact panel fee is assessed under
16 pursuant to subsection (b) of Section 11-501.01 of the
17 Illinois Vehicle Code, it shall be disbursed by the circuit
18 clerk to the victim impact panel to be attended by the
19 defendant.
20 (9) When a new fee collected in traffic cases is
21 enacted after January 1, 2010 (the effective date of Public
22 Act 96-735), it shall be excluded from the percentage
23 disbursement provisions of this Section unless otherwise
24 indicated by law.
25 (f) Any person who receives a disposition of court
26supervision for a violation of Section 11-501 of the Illinois

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1Vehicle Code shall, in addition to any other fines, fees, and
2court costs, pay an additional fee of $50, which shall be
3collected by the circuit clerk and then remitted to the State
4Treasurer for deposit into the Roadside Memorial Fund, a
5special fund in the State treasury. However, the court may
6waive the fee if full restitution is complied with. Subject to
7appropriation, all moneys in the Roadside Memorial Fund shall
8be used by the Department of Transportation to pay fees imposed
9under subsection (f) of Section 20 of the Roadside Memorial
10Act. The fee shall be remitted by the circuit clerk within one
11month after receipt to the State Treasurer for deposit into the
12Roadside Memorial Fund.
13 (g) For any conviction or disposition of court supervision
14for a violation of Section 11-1429 of the Illinois Vehicle
15Code, the circuit clerk shall distribute the fines paid by the
16person as specified by subsection (h) of Section 11-1429 of the
17Illinois Vehicle Code.
18(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
1997-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
20 (705 ILCS 105/27.6)
21 (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
2296-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
2398-658, 98-1013, 99-78, and 99-455)
24 Sec. 27.6. Fines and court costs; traffic, controlled
25substances, and animal violations.

HB3421- 19 -LRB100 05621 SLF 15635 b
1 (a) All fees, fines, costs, additional penalties, bail
2balances assessed or forfeited, and any other amount paid by a
3person to the circuit clerk equalling an amount of $55 or more,
4except the fine imposed by Section 5-9-1.15 of the Unified Code
5of Corrections, the additional fee required by subsections (b)
6and (c), restitution under Section 5-5-6 of the Unified Code of
7Corrections, contributions to a local anti-crime program
8ordered under pursuant to Section 5-6-3(b)(13) or Section
95-6-3.1(c)(13) of the Unified Code of Corrections,
10reimbursement for the costs of an emergency response as
11provided under Section 11-501 of the Illinois Vehicle Code, any
12fees collected for attending a traffic safety program under
13paragraph (c) of Supreme Court Rule 529, any fee collected on
14behalf of a State's Attorney under Section 4-2002 of the
15Counties Code or a sheriff under Section 4-5001 of the Counties
16Code, or any cost imposed under Section 124A-5 of the Code of
17Criminal Procedure of 1963, for convictions, orders of
18supervision, or any other disposition for a violation of
19Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
20similar provision of a local ordinance, and any violation of
21the Child Passenger Protection Act, or a similar provision of a
22local ordinance, and except as otherwise provided in this
23Section shall be disbursed within 60 days after receipt by the
24circuit clerk as follows: 44.5% shall be disbursed to the
25entity authorized by law to receive the fine imposed in the
26case; 16.825% shall be disbursed to the State Treasurer; and

HB3421- 20 -LRB100 05621 SLF 15635 b
138.675% shall be disbursed to the county's general corporate
2fund. Of the 16.825% disbursed to the State Treasurer, 2/17
3shall be deposited by the State Treasurer into the Violent
4Crime Victims Assistance Fund, 5.052/17 shall be deposited into
5the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
6be deposited into the Drivers Education Fund, and 6.948/17
7shall be deposited into the Trauma Center Fund. Of the 6.948/17
8deposited into the Trauma Center Fund from the 16.825%
9disbursed to the State Treasurer, 50% shall be disbursed to the
10Department of Public Health and 50% shall be disbursed to the
11Department of Healthcare and Family Services. For fiscal year
121993, amounts deposited into the Violent Crime Victims
13Assistance Fund, the Traffic and Criminal Conviction Surcharge
14Fund, or the Drivers Education Fund shall not exceed 110% of
15the amounts deposited into those funds in fiscal year 1991. Any
16amount that exceeds the 110% limit shall be distributed as
17follows: 50% shall be disbursed to the county's general
18corporate fund and 50% shall be disbursed to the entity
19authorized by law to receive the fine imposed in the case. Not
20later than March 1 of each year the circuit clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this Section during the preceding year based upon
23independent verification of fines and fees. All counties shall
24be subject to this Section, except that counties with a
25population under 2,000,000 may, by ordinance, elect not to be
26subject to this Section. For offenses subject to this Section,

HB3421- 21 -LRB100 05621 SLF 15635 b
1judges shall impose one total sum of money payable for
2violations. The circuit clerk may add on no additional amounts
3except for amounts that are required by Sections 27.3a and
427.3c of this Act, unless those amounts are specifically waived
5by the judge. With respect to money collected by the circuit
6clerk as a result of forfeiture of pre-trial release bail, ex
7parte judgment or guilty plea under pursuant to Supreme Court
8Rule 529, the circuit clerk shall first deduct and pay amounts
9required by Sections 27.3a and 27.3c of this Act. This Section
10is a denial and limitation of home rule powers and functions
11under subsection (h) of Section 6 of Article VII of the
12Illinois Constitution.
13 (b) In addition to any other fines and court costs assessed
14by the courts, any person convicted or receiving an order of
15supervision for driving under the influence of alcohol or drugs
16shall pay an additional fee of $100 to the clerk of the circuit
17court. This amount, less 2 1/2% that shall be used to defray
18administrative costs incurred by the clerk, shall be remitted
19by the clerk to the Treasurer within 60 days after receipt for
20deposit into the Trauma Center Fund. This additional fee of
21$100 shall not be considered a part of the fine for purposes of
22any reduction in the fine for time served either before or
23after sentencing. Not later than March 1 of each year the
24Circuit Clerk shall submit a report of the amount of funds
25remitted to the State Treasurer under this subsection during
26the preceding calendar year.

HB3421- 22 -LRB100 05621 SLF 15635 b
1 (b-1) In addition to any other fines and court costs
2assessed by the courts, any person convicted or receiving an
3order of supervision for driving under the influence of alcohol
4or drugs shall pay an additional fee of $5 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Spinal Cord Injury Paralysis Cure
9Research Trust Fund. This additional fee of $5 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15 (c) In addition to any other fines and court costs assessed
16by the courts, any person convicted for a violation of Sections
1724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
18Criminal Code of 2012 or a person sentenced for a violation of
19the Cannabis Control Act, the Illinois Controlled Substances
20Act, or the Methamphetamine Control and Community Protection
21Act shall pay an additional fee of $100 to the clerk of the
22circuit court. This amount, less 2 1/2% that shall be used to
23defray administrative costs incurred by the clerk, shall be
24remitted by the clerk to the Treasurer within 60 days after
25receipt for deposit into the Trauma Center Fund. This
26additional fee of $100 shall not be considered a part of the

HB3421- 23 -LRB100 05621 SLF 15635 b
1fine for purposes of any reduction in the fine for time served
2either before or after sentencing. Not later than March 1 of
3each year the Circuit Clerk shall submit a report of the amount
4of funds remitted to the State Treasurer under this subsection
5during the preceding calendar year.
6 (c-1) In addition to any other fines and court costs
7assessed by the courts, any person sentenced for a violation of
8the Cannabis Control Act, the Illinois Controlled Substances
9Act, or the Methamphetamine Control and Community Protection
10Act shall pay an additional fee of $5 to the clerk of the
11circuit court. This amount, less 2 1/2% that shall be used to
12defray administrative costs incurred by the clerk, shall be
13remitted by the clerk to the Treasurer within 60 days after
14receipt for deposit into the Spinal Cord Injury Paralysis Cure
15Research Trust Fund. This additional fee of $5 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing. Not
18later than March 1 of each year the Circuit Clerk shall submit
19a report of the amount of funds remitted to the State Treasurer
20under this subsection during the preceding calendar year.
21 (d) The following amounts must be remitted to the State
22Treasurer for deposit into the Illinois Animal Abuse Fund:
23 (1) 50% of the amounts collected for felony offenses
24 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
25 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
26 Animals Act and Section 26-5 or 48-1 of the Criminal Code

HB3421- 24 -LRB100 05621 SLF 15635 b
1 of 1961 or the Criminal Code of 2012;
2 (2) 20% of the amounts collected for Class A and Class
3 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
4 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
5 for Animals Act and Section 26-5 or 48-1 of the Criminal
6 Code of 1961 or the Criminal Code of 2012; and
7 (3) 50% of the amounts collected for Class C
8 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
9 for Animals Act and Section 26-5 or 48-1 of the Criminal
10 Code of 1961 or the Criminal Code of 2012.
11 (e) Any person who receives a disposition of court
12supervision for a violation of the Illinois Vehicle Code or a
13similar provision of a local ordinance shall, in addition to
14any other fines, fees, and court costs, pay an additional fee
15of $29, to be disbursed as provided in Section 16-104c of the
16Illinois Vehicle Code. In addition to the fee of $29, the
17person shall also pay a fee of $6, if not waived by the court.
18If this $6 fee is collected, $5.50 of the fee shall be
19deposited into the Circuit Court Clerk Operation and
20Administrative Fund created by the Clerk of the Circuit Court
21and 50 cents of the fee shall be deposited into the Prisoner
22Review Board Vehicle and Equipment Fund in the State treasury.
23 (f) This Section does not apply to the additional child
24pornography fines assessed and collected under Section
255-9-1.14 of the Unified Code of Corrections.
26 (g) (Blank).

HB3421- 25 -LRB100 05621 SLF 15635 b
1 (h) (Blank).
2 (i) Of the amounts collected as fines under subsection (b)
3of Section 3-712 of the Illinois Vehicle Code, 99% shall be
4deposited into the Illinois Military Family Relief Fund and 1%
5shall be deposited into the Circuit Court Clerk Operation and
6Administrative Fund created by the Clerk of the Circuit Court
7to be used to offset the costs incurred by the Circuit Court
8Clerk in performing the additional duties required to collect
9and disburse funds to entities of State and local government as
10provided by law.
11 (j) Any person convicted of, pleading guilty to, or placed
12on supervision for a serious traffic violation, as defined in
13Section 1-187.001 of the Illinois Vehicle Code, a violation of
14Section 11-501 of the Illinois Vehicle Code, or a violation of
15a similar provision of a local ordinance shall pay an
16additional fee of $35, to be disbursed as provided in Section
1716-104d of that Code.
18 This subsection (j) becomes inoperative on January 1, 2020.
19 (k) For any conviction or disposition of court supervision
20for a violation of Section 11-1429 of the Illinois Vehicle
21Code, the circuit clerk shall distribute the fines paid by the
22person as specified by subsection (h) of Section 11-1429 of the
23Illinois Vehicle Code.
24 (l) Any person who receives a disposition of court
25supervision for a violation of Section 11-501 of the Illinois
26Vehicle Code or a similar provision of a local ordinance shall,

HB3421- 26 -LRB100 05621 SLF 15635 b
1in addition to any other fines, fees, and court costs, pay an
2additional fee of $50, which shall be collected by the circuit
3clerk and then remitted to the State Treasurer for deposit into
4the Roadside Memorial Fund, a special fund in the State
5treasury. However, the court may waive the fee if full
6restitution is complied with. Subject to appropriation, all
7moneys in the Roadside Memorial Fund shall be used by the
8Department of Transportation to pay fees imposed under
9subsection (f) of Section 20 of the Roadside Memorial Act. The
10fee shall be remitted by the circuit clerk within one month
11after receipt to the State Treasurer for deposit into the
12Roadside Memorial Fund.
13 (m) Of the amounts collected as fines under subsection (c)
14of Section 411.4 of the Illinois Controlled Substances Act or
15subsection (c) of Section 90 of the Methamphetamine Control and
16Community Protection Act, 99% shall be deposited to the law
17enforcement agency or fund specified and 1% shall be deposited
18into the Circuit Court Clerk Operation and Administrative Fund
19to be used to offset the costs incurred by the Circuit Court
20Clerk in performing the additional duties required to collect
21and disburse funds to entities of State and local government as
22provided by law.
23 (n) In addition to any other fines and court costs assessed
24by the courts, any person who is convicted of or pleads guilty
25to a violation of the Criminal Code of 1961 or the Criminal
26Code of 2012, or a similar provision of a local ordinance, or

HB3421- 27 -LRB100 05621 SLF 15635 b
1who is convicted of, pleads guilty to, or receives a
2disposition of court supervision for a violation of the
3Illinois Vehicle Code, or a similar provision of a local
4ordinance, shall pay an additional fee of $15 to the clerk of
5the circuit court. This additional fee of $15 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing.
8This amount, less 2.5% that shall be used to defray
9administrative costs incurred by the clerk, shall be remitted
10by the clerk to the State Treasurer within 60 days after
11receipt for deposit into the State Police Merit Board Public
12Safety Fund.
13 (o) The amounts collected as fines under Sections 10-9,
1411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
15be collected by the circuit clerk and distributed as provided
16under Section 5-9-1.21 of the Unified Code of Corrections in
17lieu of any disbursement under subsection (a) of this Section.
18 (p) In addition to any other fees and penalties imposed,
19any person who is convicted of or pleads guilty to a violation
20of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
21shall pay an additional fee of $250 to the clerk of the circuit
22court. This additional fee of $250 shall not be considered a
23part of the fine for purposes of any reduction in the fine for
24time served either before or after sentencing. This amount,
25less 2.5% that shall be used to defray administrative costs
26incurred by the clerk, shall be remitted by the clerk to the

HB3421- 28 -LRB100 05621 SLF 15635 b
1Department of Insurance within 60 days after receipt for
2deposit into the George Bailey Memorial Fund.
3(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
499-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
5 (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
696-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
798-658, 98-1013, 99-78, and 99-455)
8 Sec. 27.6. Fines and court costs; traffic, controlled
9substances, and animal violations.
10 (a) All fees, fines, costs, additional penalties, bail
11balances assessed or forfeited, and any other amount paid by a
12person to the circuit clerk equalling an amount of $55 or more,
13except the fine imposed by Section 5-9-1.15 of the Unified Code
14of Corrections, the additional fee required by subsections (b)
15and (c), restitution under Section 5-5-6 of the Unified Code of
16Corrections, contributions to a local anti-crime program
17ordered under pursuant to Section 5-6-3(b)(13) or Section
185-6-3.1(c)(13) of the Unified Code of Corrections,
19reimbursement for the costs of an emergency response as
20provided under Section 11-501 of the Illinois Vehicle Code, any
21fees collected for attending a traffic safety program under
22paragraph (c) of Supreme Court Rule 529, any fee collected on
23behalf of a State's Attorney under Section 4-2002 of the
24Counties Code or a sheriff under Section 4-5001 of the Counties
25Code, or any cost imposed under Section 124A-5 of the Code of

HB3421- 29 -LRB100 05621 SLF 15635 b
1Criminal Procedure of 1963, for convictions, orders of
2supervision, or any other disposition for a violation of
3Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
4similar provision of a local ordinance, and any violation of
5the Child Passenger Protection Act, or a similar provision of a
6local ordinance, and except as otherwise provided in this
7Section shall be disbursed within 60 days after receipt by the
8circuit clerk as follows: 44.5% shall be disbursed to the
9entity authorized by law to receive the fine imposed in the
10case; 16.825% shall be disbursed to the State Treasurer; and
1138.675% shall be disbursed to the county's general corporate
12fund. Of the 16.825% disbursed to the State Treasurer, 2/17
13shall be deposited by the State Treasurer into the Violent
14Crime Victims Assistance Fund, 5.052/17 shall be deposited into
15the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
16be deposited into the Drivers Education Fund, and 6.948/17
17shall be deposited into the Trauma Center Fund. Of the 6.948/17
18deposited into the Trauma Center Fund from the 16.825%
19disbursed to the State Treasurer, 50% shall be disbursed to the
20Department of Public Health and 50% shall be disbursed to the
21Department of Healthcare and Family Services. For fiscal year
221993, amounts deposited into the Violent Crime Victims
23Assistance Fund, the Traffic and Criminal Conviction Surcharge
24Fund, or the Drivers Education Fund shall not exceed 110% of
25the amounts deposited into those funds in fiscal year 1991. Any
26amount that exceeds the 110% limit shall be distributed as

HB3421- 30 -LRB100 05621 SLF 15635 b
1follows: 50% shall be disbursed to the county's general
2corporate fund and 50% shall be disbursed to the entity
3authorized by law to receive the fine imposed in the case. Not
4later than March 1 of each year the circuit clerk shall submit
5a report of the amount of funds remitted to the State Treasurer
6under this Section during the preceding year based upon
7independent verification of fines and fees. All counties shall
8be subject to this Section, except that counties with a
9population under 2,000,000 may, by ordinance, elect not to be
10subject to this Section. For offenses subject to this Section,
11judges shall impose one total sum of money payable for
12violations. The circuit clerk may add on no additional amounts
13except for amounts that are required by Sections 27.3a and
1427.3c of this Act, Section 16-104c of the Illinois Vehicle
15Code, and subsection (a) of Section 5-1101 of the Counties
16Code, unless those amounts are specifically waived by the
17judge. With respect to money collected by the circuit clerk as
18a result of forfeiture of pre-trial release bail, ex parte
19judgment or guilty plea under pursuant to Supreme Court Rule
20529, the circuit clerk shall first deduct and pay amounts
21required by Sections 27.3a and 27.3c of this Act. Unless a
22court ordered payment schedule is implemented or fee
23requirements are waived pursuant to court order, the clerk of
24the court may add to any unpaid fees and costs a delinquency
25amount equal to 5% of the unpaid fees that remain unpaid after
2630 days, 10% of the unpaid fees that remain unpaid after 60

HB3421- 31 -LRB100 05621 SLF 15635 b
1days, and 15% of the unpaid fees that remain unpaid after 90
2days. Notice to those parties may be made by signage posting or
3publication. The additional delinquency amounts collected
4under this Section shall be deposited in the Circuit Court
5Clerk Operation and Administrative Fund to be used to defray
6administrative costs incurred by the circuit clerk in
7performing the duties required to collect and disburse funds.
8This Section is a denial and limitation of home rule powers and
9functions under subsection (h) of Section 6 of Article VII of
10the Illinois Constitution.
11 (b) In addition to any other fines and court costs assessed
12by the courts, any person convicted or receiving an order of
13supervision for driving under the influence of alcohol or drugs
14shall pay an additional fee of $100 to the clerk of the circuit
15court. This amount, less 2 1/2% that shall be used to defray
16administrative costs incurred by the clerk, shall be remitted
17by the clerk to the Treasurer within 60 days after receipt for
18deposit into the Trauma Center Fund. This additional fee of
19$100 shall not be considered a part of the fine for purposes of
20any reduction in the fine for time served either before or
21after sentencing. Not later than March 1 of each year the
22Circuit Clerk shall submit a report of the amount of funds
23remitted to the State Treasurer under this subsection during
24the preceding calendar year.
25 (b-1) In addition to any other fines and court costs
26assessed by the courts, any person convicted or receiving an

HB3421- 32 -LRB100 05621 SLF 15635 b
1order of supervision for driving under the influence of alcohol
2or drugs shall pay an additional fee of $5 to the clerk of the
3circuit court. This amount, less 2 1/2% that shall be used to
4defray administrative costs incurred by the clerk, shall be
5remitted by the clerk to the Treasurer within 60 days after
6receipt for deposit into the Spinal Cord Injury Paralysis Cure
7Research Trust Fund. This additional fee of $5 shall not be
8considered a part of the fine for purposes of any reduction in
9the fine for time served either before or after sentencing. Not
10later than March 1 of each year the Circuit Clerk shall submit
11a report of the amount of funds remitted to the State Treasurer
12under this subsection during the preceding calendar year.
13 (c) In addition to any other fines and court costs assessed
14by the courts, any person convicted for a violation of Sections
1524-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
16Criminal Code of 2012 or a person sentenced for a violation of
17the Cannabis Control Act, the Illinois Controlled Substances
18Act, or the Methamphetamine Control and Community Protection
19Act shall pay an additional fee of $100 to the clerk of the
20circuit court. This amount, less 2 1/2% that shall be used to
21defray administrative costs incurred by the clerk, shall be
22remitted by the clerk to the Treasurer within 60 days after
23receipt for deposit into the Trauma Center Fund. This
24additional fee of $100 shall not be considered a part of the
25fine for purposes of any reduction in the fine for time served
26either before or after sentencing. Not later than March 1 of

HB3421- 33 -LRB100 05621 SLF 15635 b
1each year the Circuit Clerk shall submit a report of the amount
2of funds remitted to the State Treasurer under this subsection
3during the preceding calendar year.
4 (c-1) In addition to any other fines and court costs
5assessed by the courts, any person sentenced for a violation of
6the Cannabis Control Act, the Illinois Controlled Substances
7Act, or the Methamphetamine Control and Community Protection
8Act shall pay an additional fee of $5 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Spinal Cord Injury Paralysis Cure
13Research Trust Fund. This additional fee of $5 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing. Not
16later than March 1 of each year the Circuit Clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this subsection during the preceding calendar year.
19 (d) The following amounts must be remitted to the State
20Treasurer for deposit into the Illinois Animal Abuse Fund:
21 (1) 50% of the amounts collected for felony offenses
22 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
23 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
24 Animals Act and Section 26-5 or 48-1 of the Criminal Code
25 of 1961 or the Criminal Code of 2012;
26 (2) 20% of the amounts collected for Class A and Class

HB3421- 34 -LRB100 05621 SLF 15635 b
1 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
2 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
3 for Animals Act and Section 26-5 or 48-1 of the Criminal
4 Code of 1961 or the Criminal Code of 2012; and
5 (3) 50% of the amounts collected for Class C
6 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
7 for Animals Act and Section 26-5 or 48-1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (e) Any person who receives a disposition of court
10supervision for a violation of the Illinois Vehicle Code or a
11similar provision of a local ordinance shall, in addition to
12any other fines, fees, and court costs, pay an additional fee
13of $29, to be disbursed as provided in Section 16-104c of the
14Illinois Vehicle Code. In addition to the fee of $29, the
15person shall also pay a fee of $6, if not waived by the court.
16If this $6 fee is collected, $5.50 of the fee shall be
17deposited into the Circuit Court Clerk Operation and
18Administrative Fund created by the Clerk of the Circuit Court
19and 50 cents of the fee shall be deposited into the Prisoner
20Review Board Vehicle and Equipment Fund in the State treasury.
21 (f) This Section does not apply to the additional child
22pornography fines assessed and collected under Section
235-9-1.14 of the Unified Code of Corrections.
24 (g) Any person convicted of or pleading guilty to a serious
25traffic violation, as defined in Section 1-187.001 of the
26Illinois Vehicle Code, shall pay an additional fee of $35, to

HB3421- 35 -LRB100 05621 SLF 15635 b
1be disbursed as provided in Section 16-104d of that Code. This
2subsection (g) becomes inoperative on January 1, 2020.
3 (h) In all counties having a population of 3,000,000 or
4more inhabitants,
5 (1) A person who is found guilty of or pleads guilty to
6 violating subsection (a) of Section 11-501 of the Illinois
7 Vehicle Code, including any person placed on court
8 supervision for violating subsection (a), shall be fined
9 $750 as provided for by subsection (f) of Section 11-501.01
10 of the Illinois Vehicle Code, payable to the circuit clerk,
11 who shall distribute the money pursuant to subsection (f)
12 of Section 11-501.01 of the Illinois Vehicle Code.
13 (2) When a crime laboratory DUI analysis fee of $150,
14 provided for by Section 5-9-1.9 of the Unified Code of
15 Corrections is assessed, it shall be disbursed by the
16 circuit clerk as provided by subsection (f) of Section
17 5-9-1.9 of the Unified Code of Corrections.
18 (3) When a fine for a violation of Section 11-605.1 of
19 the Illinois Vehicle Code is $250 or greater, the person
20 who violated that Section shall be charged an additional
21 $125 as provided for by subsection (e) of Section 11-605.1
22 of the Illinois Vehicle Code, which shall be disbursed by
23 the circuit clerk to a State or county Transportation
24 Safety Highway Hire-back Fund as provided by subsection (e)
25 of Section 11-605.1 of the Illinois Vehicle Code.
26 (4) When a fine for a violation of subsection (a) of

HB3421- 36 -LRB100 05621 SLF 15635 b
1 Section 11-605 of the Illinois Vehicle Code is $150 or
2 greater, the additional $50 which is charged as provided
3 for by subsection (f) of Section 11-605 of the Illinois
4 Vehicle Code shall be disbursed by the circuit clerk to a
5 school district or districts for school safety purposes as
6 provided by subsection (f) of Section 11-605.
7 (5) When a fine for a violation of subsection (a) of
8 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
9 greater, the additional $50 which is charged as provided
10 for by subsection (c) of Section 11-1002.5 of the Illinois
11 Vehicle Code shall be disbursed by the circuit clerk to a
12 school district or districts for school safety purposes as
13 provided by subsection (c) of Section 11-1002.5 of the
14 Illinois Vehicle Code.
15 (6) When a mandatory drug court fee of up to $5 is
16 assessed as provided in subsection (f) of Section 5-1101 of
17 the Counties Code, it shall be disbursed by the circuit
18 clerk as provided in subsection (f) of Section 5-1101 of
19 the Counties Code.
20 (7) When a mandatory teen court, peer jury, youth
21 court, or other youth diversion program fee is assessed as
22 provided in subsection (e) of Section 5-1101 of the
23 Counties Code, it shall be disbursed by the circuit clerk
24 as provided in subsection (e) of Section 5-1101 of the
25 Counties Code.
26 (8) When a Children's Advocacy Center fee is assessed

HB3421- 37 -LRB100 05621 SLF 15635 b
1 pursuant to subsection (f-5) of Section 5-1101 of the
2 Counties Code, it shall be disbursed by the circuit clerk
3 as provided in subsection (f-5) of Section 5-1101 of the
4 Counties Code.
5 (9) When a victim impact panel fee is assessed pursuant
6 to subsection (b) of Section 11-501.01 of the Vehicle Code,
7 it shall be disbursed by the circuit clerk to the victim
8 impact panel to be attended by the defendant.
9 (10) When a new fee collected in traffic cases is
10 enacted after the effective date of this subsection (h), it
11 shall be excluded from the percentage disbursement
12 provisions of this Section unless otherwise indicated by
13 law.
14 (i) Of the amounts collected as fines under subsection (b)
15of Section 3-712 of the Illinois Vehicle Code, 99% shall be
16deposited into the Illinois Military Family Relief Fund and 1%
17shall be deposited into the Circuit Court Clerk Operation and
18Administrative Fund created by the Clerk of the Circuit Court
19to be used to offset the costs incurred by the Circuit Court
20Clerk in performing the additional duties required to collect
21and disburse funds to entities of State and local government as
22provided by law.
23 (j) (Blank).
24 (k) For any conviction or disposition of court supervision
25for a violation of Section 11-1429 of the Illinois Vehicle
26Code, the circuit clerk shall distribute the fines paid by the

HB3421- 38 -LRB100 05621 SLF 15635 b
1person as specified by subsection (h) of Section 11-1429 of the
2Illinois Vehicle Code.
3 (l) Any person who receives a disposition of court
4supervision for a violation of Section 11-501 of the Illinois
5Vehicle Code or a similar provision of a local ordinance shall,
6in addition to any other fines, fees, and court costs, pay an
7additional fee of $50, which shall be collected by the circuit
8clerk and then remitted to the State Treasurer for deposit into
9the Roadside Memorial Fund, a special fund in the State
10treasury. However, the court may waive the fee if full
11restitution is complied with. Subject to appropriation, all
12moneys in the Roadside Memorial Fund shall be used by the
13Department of Transportation to pay fees imposed under
14subsection (f) of Section 20 of the Roadside Memorial Act. The
15fee shall be remitted by the circuit clerk within one month
16after receipt to the State Treasurer for deposit into the
17Roadside Memorial Fund.
18 (m) Of the amounts collected as fines under subsection (c)
19of Section 411.4 of the Illinois Controlled Substances Act or
20subsection (c) of Section 90 of the Methamphetamine Control and
21Community Protection Act, 99% shall be deposited to the law
22enforcement agency or fund specified and 1% shall be deposited
23into the Circuit Court Clerk Operation and Administrative Fund
24to be used to offset the costs incurred by the Circuit Court
25Clerk in performing the additional duties required to collect
26and disburse funds to entities of State and local government as

HB3421- 39 -LRB100 05621 SLF 15635 b
1provided by law.
2 (n) In addition to any other fines and court costs assessed
3by the courts, any person who is convicted of or pleads guilty
4to a violation of the Criminal Code of 1961 or the Criminal
5Code of 2012, or a similar provision of a local ordinance, or
6who is convicted of, pleads guilty to, or receives a
7disposition of court supervision for a violation of the
8Illinois Vehicle Code, or a similar provision of a local
9ordinance, shall pay an additional fee of $15 to the clerk of
10the circuit court. This additional fee of $15 shall not be
11considered a part of the fine for purposes of any reduction in
12the fine for time served either before or after sentencing.
13This amount, less 2.5% that shall be used to defray
14administrative costs incurred by the clerk, shall be remitted
15by the clerk to the State Treasurer within 60 days after
16receipt for deposit into the State Police Merit Board Public
17Safety Fund.
18 (o) The amounts collected as fines under Sections 10-9,
1911-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
20be collected by the circuit clerk and distributed as provided
21under Section 5-9-1.21 of the Unified Code of Corrections in
22lieu of any disbursement under subsection (a) of this Section.
23 (p) In addition to any other fees and penalties imposed,
24any person who is convicted of or pleads guilty to a violation
25of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
26shall pay an additional fee of $250 to the clerk of the circuit

HB3421- 40 -LRB100 05621 SLF 15635 b
1court. This additional fee of $250 shall not be considered a
2part of the fine for purposes of any reduction in the fine for
3time served either before or after sentencing. This amount,
4less 2.5% that shall be used to defray administrative costs
5incurred by the clerk, shall be remitted by the clerk to the
6Department of Insurance within 60 days after receipt for
7deposit into the George Bailey Memorial Fund.
8(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
999-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
10 Section 12. The Criminal Code of 2012 is amended by
11changing Section 32-10 as follows:
12 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
13 Sec. 32-10. Violation of conditions of pre-trial release
14bail bond.
15 (a) Whoever, having been released under conditions of
16pre-trial release admitted to bail for appearance before any
17court of this State, incurs a forfeiture of the pre-trial
18release bail and knowingly fails to surrender himself or
19herself within 30 days following the date of the forfeiture,
20commits, if the conditions of pre-trial release were bail was
21given in connection with a charge of felony or pending appeal
22or certiorari after conviction of any offense, a felony of the
23next lower Class or a Class A misdemeanor if the underlying
24offense was a Class 4 felony; or, if the conditions of

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1pre-trial release were bail was given in connection with a
2charge of committing a misdemeanor, or for appearance as a
3witness, commits a misdemeanor of the next lower Class, but not
4less than a Class C misdemeanor.
5 (a-5) Any person who knowingly violates a condition of
6pre-trial release bail bond by possessing a firearm in
7violation of his or her conditions of pre-trial release bail
8commits a Class 4 felony for a first violation and a Class 3
9felony for a second or subsequent violation.
10 (b) Whoever, having been admitted to release under
11conditions of pre-trial release bail for appearance before any
12court of this State, while charged with a criminal offense in
13which the victim is a family or household member as defined in
14Article 112A of the Code of Criminal Procedure of 1963,
15knowingly violates a condition of that release as set forth in
16Section 110-10, subsection (d) of the Code of Criminal
17Procedure of 1963, commits a Class A misdemeanor.
18 (c) Whoever, having been admitted to release under
19conditions of pre-trial release bail for appearance before any
20court of this State for a felony, Class A misdemeanor or a
21criminal offense in which the victim is a family or household
22member as defined in Article 112A of the Code of Criminal
23Procedure of 1963, is charged with any other felony, Class A
24misdemeanor, or a criminal offense in which the victim is a
25family or household member as defined in Article 112A of the
26Code of Criminal Procedure of 1963 while on this release, must

HB3421- 42 -LRB100 05621 SLF 15635 b
1appear before the court before conditions of pre-trial release
2are bail is statutorily set.
3 (d) Nothing in this Section shall interfere with or prevent
4the exercise by any court of its power to punishment for
5contempt. Any sentence imposed for violation of this Section
6shall be served consecutive to the sentence imposed for the
7charge for which pre-trial release bail had been granted and
8with respect to which the defendant has been convicted.
9(Source: P.A. 97-1108, eff. 1-1-13.)
10 Section 15. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 103-5, 103-7, 104-17, 106D-1,
12107-4, 109-1, 109-2, 110-1, 110-2, 110-3, 110-4, 110-5,
13110-5.1, 110-6, 110-6.1, 110-6.2, 110-6.3, 110-7, 110-9,
14110-10, 110-11, 110-12, 110-16, 110-18, 112A-23, and 115-4.1
15and by adding Section 110-1.5 as follows:
16 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
17 Sec. 103-5. Speedy trial.)
18 (a) Every person in custody in this State for an alleged
19offense shall be tried by the court having jurisdiction within
20120 days from the date he or she was taken into custody unless
21delay is occasioned by the defendant, by an examination for
22fitness ordered under pursuant to Section 104-13 of this Act,
23by a fitness hearing, by an adjudication of unfitness to stand
24trial, by a continuance allowed under pursuant to Section 114-4

HB3421- 43 -LRB100 05621 SLF 15635 b
1of this Act after a court's determination of the defendant's
2physical incapacity for trial, or by an interlocutory appeal.
3Delay shall be considered to be agreed to by the defendant
4unless he or she objects to the delay by making a written
5demand for trial or an oral demand for trial on the record. The
6provisions of this subsection (a) do not apply to a person on
7pre-trial release bail or recognizance for an offense but who
8is in custody for a violation of his or her parole, aftercare
9release, or mandatory supervised release for another offense.
10 The 120-day term must be one continuous period of
11incarceration. In computing the 120-day term, separate periods
12of incarceration may not be combined. If a defendant is taken
13into custody a second (or subsequent) time for the same
14offense, the term will begin again at day zero.
15 (b) Every person on pre-trial release bail or recognizance
16shall be tried by the court having jurisdiction within 160 days
17from the date defendant demands trial unless delay is
18occasioned by the defendant, by an examination for fitness
19ordered under pursuant to Section 104-13 of this Act, by a
20fitness hearing, by an adjudication of unfitness to stand
21trial, by a continuance allowed under pursuant to Section 114-4
22of this Act after a court's determination of the defendant's
23physical incapacity for trial, or by an interlocutory appeal.
24The defendant's failure to appear for any court date set by the
25court operates to waive the defendant's demand for trial made
26under this subsection.

HB3421- 44 -LRB100 05621 SLF 15635 b
1 For purposes of computing the 160 day period under this
2subsection (b), every person who was in custody for an alleged
3offense and demanded trial and is subsequently placed on
4pre-trial release released on bail or recognizance and demands
5trial, shall be given credit for time spent in custody
6following the making of the demand while in custody. Any demand
7for trial made under this subsection (b) shall be in writing;
8and in the case of a defendant not in custody, the demand for
9trial shall include the date of any prior demand made under
10this provision while the defendant was in custody.
11 (c) If the court determines that the State has exercised
12without success due diligence to obtain evidence material to
13the case and that there are reasonable grounds to believe that
14such evidence may be obtained at a later day the court may
15continue the cause on application of the State for not more
16than an additional 60 days. If the court determines that the
17State has exercised without success due diligence to obtain
18results of DNA testing that is material to the case and that
19there are reasonable grounds to believe that such results may
20be obtained at a later day, the court may continue the cause on
21application of the State for not more than an additional 120
22days.
23 (d) Every person not tried in accordance with subsections
24(a), (b) and (c) of this Section shall be discharged from
25custody or released from the obligations of his or her
26pre-trial release bail or recognizance.

HB3421- 45 -LRB100 05621 SLF 15635 b
1 (e) If a person is simultaneously in custody upon more than
2one charge pending against him in the same county, or
3simultaneously demands trial upon more than one charge pending
4against him in the same county, he shall be tried, or adjudged
5guilty after waiver of trial, upon at least one such charge
6before expiration relative to any of such pending charges of
7the period prescribed by subsections (a) and (b) of this
8Section. Such person shall be tried upon all of the remaining
9charges thus pending within 160 days from the date on which
10judgment relative to the first charge thus prosecuted is
11rendered under pursuant to the Unified Code of Corrections or,
12if such trial upon such first charge is terminated without
13judgment and there is no subsequent trial of, or adjudication
14of guilt after waiver of trial of, such first charge within a
15reasonable time, the person shall be tried upon all of the
16remaining charges thus pending within 160 days from the date on
17which such trial is terminated; if either such period of 160
18days expires without the commencement of trial of, or
19adjudication of guilt after waiver of trial of, any of such
20remaining charges thus pending, such charge or charges shall be
21dismissed and barred for want of prosecution unless delay is
22occasioned by the defendant, by an examination for fitness
23ordered under pursuant to Section 104-13 of this Act, by a
24fitness hearing, by an adjudication of unfitness for trial, by
25a continuance allowed under pursuant to Section 114-4 of this
26Act after a court's determination of the defendant's physical

HB3421- 46 -LRB100 05621 SLF 15635 b
1incapacity for trial, or by an interlocutory appeal; provided,
2however, that if the court determines that the State has
3exercised without success due diligence to obtain evidence
4material to the case and that there are reasonable grounds to
5believe that such evidence may be obtained at a later day the
6court may continue the cause on application of the State for
7not more than an additional 60 days.
8 (f) Delay occasioned by the defendant shall temporarily
9suspend for the time of the delay the period within which a
10person shall be tried as prescribed by subsections (a), (b), or
11(e) of this Section and on the day of expiration of the delay
12the said period shall continue at the point at which it was
13suspended. Where such delay occurs within 21 days of the end of
14the period within which a person shall be tried as prescribed
15by subsections (a), (b), or (e) of this Section, the court may
16continue the cause on application of the State for not more
17than an additional 21 days beyond the period prescribed by
18subsections (a), (b), or (e). This subsection (f) shall become
19effective on, and apply to persons charged with alleged
20offenses committed on or after, March 1, 1977.
21(Source: P.A. 98-558, eff. 1-1-14.)
22 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
23 Sec. 103-7. Posting notice of rights.
24 Every sheriff, chief of police or other person who is in
25charge of any jail, police station or other building where

HB3421- 47 -LRB100 05621 SLF 15635 b
1persons under arrest are held in custody pending investigation,
2pre-trial release, bail or other criminal proceedings, shall
3post in every room, other than cells, of such buildings where
4persons are held in custody, in conspicuous places where it may
5be seen and read by persons in custody and others, a poster,
6printed in large type, containing a verbatim copy in the
7English language of the provisions of Sections 103-2, 103-3,
8103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
9Sections 110-7 and 113-3 of this Code. Each person who is in
10charge of any courthouse or other building in which any trial
11of an offense is conducted shall post in each room primarily
12used for such trials and in each room in which defendants are
13confined or wait, pending trial, in conspicuous places where it
14may be seen and read by persons in custody and others, a
15poster, printed in large type, containing a verbatim copy in
16the English language of the provisions of Sections 103-6,
17113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
18113-3 of this Code.
19(Source: Laws 1965, p. 2622.)
20 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
21 Sec. 104-17. Commitment for Treatment; Treatment Plan.
22 (a) If the defendant is eligible to be or has been released
23on pre-trial release bail or on his or her own recognizance,
24the court shall select the least physically restrictive form of
25treatment therapeutically appropriate and consistent with the

HB3421- 48 -LRB100 05621 SLF 15635 b
1treatment plan.
2 (b) If the defendant's disability is mental, the court may
3order him or her placed for treatment in the custody of the
4Department of Human Services, or the court may order him or her
5placed in the custody of any other appropriate public or
6private mental health facility or treatment program which has
7agreed to provide treatment to the defendant. If the defendant
8is placed in the custody of the Department of Human Services,
9the defendant shall be placed in a secure setting. During the
10period of time required to determine the appropriate placement
11the defendant shall remain in jail. If upon the completion of
12the placement process the Department of Human Services
13determines that the defendant is currently fit to stand trial,
14it shall immediately notify the court and shall submit a
15written report within 7 days. In that circumstance the
16placement shall be held pending a court hearing on the
17Department's report. Otherwise, upon completion of the
18placement process, the sheriff shall be notified and shall
19transport the defendant to the designated facility. The
20placement may be ordered either on an inpatient or an
21outpatient basis.
22 (c) If the defendant's disability is physical, the court
23may order him or her placed under the supervision of the
24Department of Human Services which shall place and maintain the
25defendant in a suitable treatment facility or program, or the
26court may order him or her placed in an appropriate public or

HB3421- 49 -LRB100 05621 SLF 15635 b
1private facility or treatment program which has agreed to
2provide treatment to the defendant. The placement may be
3ordered either on an inpatient or an outpatient basis.
4 (d) The clerk of the circuit court shall transmit to the
5Department, agency or institution, if any, to which the
6defendant is remanded for treatment, the following:
7 (1) a certified copy of the order to undergo treatment.
8 Accompanying the certified copy of the order to undergo
9 treatment shall be the complete copy of any report prepared
10 under Section 104-15 of this Code or other report prepared
11 by a forensic examiner for the court;
12 (2) the county and municipality in which the offense
13 was committed;
14 (3) the county and municipality in which the arrest
15 took place;
16 (4) a copy of the arrest report, criminal charges,
17 arrest record; and
18 (5) all additional matters which the court Court
19 directs the clerk to transmit.
20 (e) Within 30 days of entry of an order to undergo
21treatment, the person supervising the defendant's treatment
22shall file with the court, the State, and the defense a report
23assessing the facility's or program's capacity to provide
24appropriate treatment for the defendant and indicating his or
25her opinion as to the probability of the defendant's attaining
26fitness within a period of time from the date of the finding of

HB3421- 50 -LRB100 05621 SLF 15635 b
1unfitness. For a defendant charged with a felony, the period of
2time shall be one year. For a defendant charged with a
3misdemeanor, the period of time shall be no longer than the
4sentence if convicted of the most serious offense. If the
5report indicates that there is a substantial probability that
6the defendant will attain fitness within the time period, the
7treatment supervisor shall also file a treatment plan which
8shall include:
9 (1) A diagnosis of the defendant's disability;
10 (2) A description of treatment goals with respect to
11 rendering the defendant fit, a specification of the
12 proposed treatment modalities, and an estimated timetable
13 for attainment of the goals;
14 (3) An identification of the person in charge of
15 supervising the defendant's treatment.
16(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
17 (725 ILCS 5/106D-1)
18 Sec. 106D-1. Defendant's appearance by closed circuit
19television and video conference.
20 (a) Whenever the appearance in person in court, in either a
21civil or criminal proceeding, is required of anyone held in a
22place of custody or confinement operated by the State or any of
23its political subdivisions, including counties and
24municipalities, the chief judge of the circuit by rule may
25permit the personal appearance to be made by means of two-way

HB3421- 51 -LRB100 05621 SLF 15635 b
1audio-visual communication, including closed circuit
2television and computerized video conference, in the following
3proceedings:
4 (1) the initial appearance before a judge on a criminal
5 complaint, at which pre-trial release bail will be set;
6 (2) the waiver of a preliminary hearing;
7 (3) the arraignment on an information or indictment at
8 which a plea of not guilty will be entered;
9 (4) the presentation of a jury waiver;
10 (5) any status hearing;
11 (6) any hearing conducted under the Sexually Violent
12 Persons Commitment Act at which no witness testimony will
13 be taken; and
14 (7) at any hearing conducted under the Sexually Violent
15 Persons Commitment Act at which no witness testimony will
16 be taken.
17 (b) The two-way audio-visual communication facilities must
18provide two-way audio-visual communication between the court
19and the place of custody or confinement, and must include a
20secure line over which the person in custody and his or her
21counsel, if any, may communicate.
22 (c) Nothing in this Section shall be construed to prohibit
23other court appearances through the use of two-way audio-visual
24communication, upon waiver of any right the person in custody
25or confinement may have to be present physically.
26 (d) Nothing in this Section shall be construed to establish

HB3421- 52 -LRB100 05621 SLF 15635 b
1a right of any person held in custody or confinement to appear
2in court through two-way audio-visual communication or to
3require that any governmental entity, or place of custody or
4confinement, provide two-way audio-visual communication.
5(Source: P.A. 95-263, eff. 8-17-07.)
6 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
7 Sec. 107-4. Arrest by peace officer from other
8jurisdiction.
9 (a) As used in this Section:
10 (1) "State" means any State of the United States and
11 the District of Columbia.
12 (2) "Peace Officer" means any peace officer or member
13 of any duly organized State, County, or Municipal peace
14 unit, any police force of another State, the United States
15 Department of Defense, or any police force whose members,
16 by statute, are granted and authorized to exercise powers
17 similar to those conferred upon any peace officer employed
18 by a law enforcement agency of this State.
19 (3) "Fresh pursuit" means the immediate pursuit of a
20 person who is endeavoring to avoid arrest.
21 (4) "Law enforcement agency" means a municipal police
22 department or county sheriff's office of this State.
23 (a-3) Any peace officer employed by a law enforcement
24agency of this State may conduct temporary questioning under
25pursuant to Section 107-14 of this Code and may make arrests in

HB3421- 53 -LRB100 05621 SLF 15635 b
1any jurisdiction within this State: (1) if the officer is
2engaged in the investigation of criminal activity that occurred
3in the officer's primary jurisdiction and the temporary
4questioning or arrest relates to, arises from, or is conducted
5under pursuant to that investigation; or (2) if the officer,
6while on duty as a peace officer, becomes personally aware of
7the immediate commission of a felony or misdemeanor violation
8of the laws of this State; or (3) if the officer, while on duty
9as a peace officer, is requested by an appropriate State or
10local law enforcement official to render aid or assistance to
11the requesting law enforcement agency that is outside the
12officer's primary jurisdiction; or (4) in accordance with
13Section 2605-580 of the Department of State Police Law of the
14Civil Administrative Code of Illinois. While acting under
15pursuant to this subsection, an officer has the same authority
16as within his or her own jurisdiction.
17 (a-7) The law enforcement agency of the county or
18municipality in which any arrest is made under this Section
19shall be immediately notified of the arrest.
20 (b) Any peace officer of another State who enters this
21State in fresh pursuit and continues within this State in fresh
22pursuit of a person in order to arrest him on the ground that
23he has committed an offense in the other State has the same
24authority to arrest and hold the person in custody as peace
25officers of this State have to arrest and hold a person in
26custody on the ground that he has committed an offense in this

HB3421- 54 -LRB100 05621 SLF 15635 b
1State.
2 (c) If an arrest is made in this State by a peace officer
3of another State under in accordance with the provisions of
4this Section he or she shall without unnecessary delay take the
5person arrested before the circuit court of the county in which
6the arrest was made. The Such court shall conduct a hearing for
7the purpose of determining the lawfulness of the arrest. If the
8court determines that the arrest was lawful it shall commit the
9person arrested, to await for a reasonable time for the
10issuance of an extradition warrant by the Governor of this
11State, or release the person with conditions for that admit him
12to bail for such purpose. If the court determines that the
13arrest was unlawful it shall discharge the person arrested.
14(Source: P.A. 98-576, eff. 1-1-14.)
15 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
16 Sec. 109-1. Person arrested; court appearance.
17 (a) A person arrested with or without a warrant on an
18offense for which pre-trial release may be denied, unless
19released by the arresting officer, shall be taken without
20unnecessary delay before the nearest and most accessible judge
21in that county, except when such county is a participant in a
22regional jail authority, in which event such person may be
23taken to the nearest and most accessible judge, irrespective of
24the county where such judge presides, and a charge shall be
25filed. An arresting officer may release a person arrested on an

HB3421- 55 -LRB100 05621 SLF 15635 b
1offense for which pre-trial release may be denied, other than
2murder, attempted murder, or violent sexual offense, without an
3appearance before a judge if release of the person is in the
4public interest. Whenever a person arrested either with or
5without a warrant is required to be taken before a judge, a
6charge may be filed against such person by way of a two-way
7closed circuit television system, except that a hearing to deny
8pre-trial release bail to the defendant may not be conducted by
9way of closed circuit television. All other persons arrested
10with or without a warrant shall, except as otherwise provided
11in this Code, be released by the officer without appearing
12before a judge. The releasing officer shall issue the person a
13summons to appear or a personal recognizance bond that may be
14conditioned on a promise to pay a sum, as set by Supreme Court
15Rule, for willful failure to appear.
16 (a-5) A presumption in favor of pre-trial release of a
17person shall be applied by an arresting officer in the exercise
18of his or her discretion under this Section.
19 (b) Upon initial appearance of a person before the court,
20the The judge shall:
21 (1) inform Inform the defendant of the charge against
22 him and shall provide him with a copy of the charge;
23 (2) advise Advise the defendant of his right to counsel
24 and if indigent shall appoint a public defender or licensed
25 attorney at law of this State to represent him in
26 accordance with the provisions of Section 113-3 of this

HB3421- 56 -LRB100 05621 SLF 15635 b
1 Code;
2 (3) schedule Schedule a preliminary hearing in
3 appropriate cases;
4 (4) release or detain the defendant under Admit the
5 defendant to bail in accordance with the provisions of
6 Article 110 of this Code; and
7 (5) Order the confiscation of the person's passport or
8 impose travel restrictions on a defendant arrested for
9 first degree murder or other violent crime as defined in
10 Section 3 of the Rights of Crime Victims and Witnesses Act,
11 if the judge determines, based on the factors in Section
12 110-5 of this Code, that this will reasonably ensure the
13 appearance of the defendant and compliance by the defendant
14 with all conditions of release.
15 (b-5) A presumption in favor of pre-trial release of a
16person shall be applied by a judge in exercising his or her
17discretion under this Section.
18 (c) The court may issue an order of protection in
19accordance with the provisions of Article 112A of this Code.
20 (d) At the initial appearance of a defendant in any
21criminal proceeding, the court must advise the defendant in
22open court that any foreign national who is arrested or
23detained has the right to have notice of the arrest or
24detention given to his or her country's consular
25representatives and the right to communicate with those
26consular representatives if the notice has not already been

HB3421- 57 -LRB100 05621 SLF 15635 b
1provided. The court must make a written record of so advising
2the defendant.
3 (e) If consular notification is not provided to a defendant
4before his or her first appearance in court, the court shall
5grant any reasonable request for a continuance of the
6proceedings to allow contact with the defendant's consulate.
7Any delay caused by the granting of the request by a defendant
8shall temporarily suspend for the time of the delay the period
9within which a person shall be tried as prescribed by
10subsections (a), (b), or (e) of Section 103-5 of this Code and
11on the day of the expiration of delay the period shall continue
12at the point at which it was suspended.
13(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
14eff. 1-1-16.)
15 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
16 Sec. 109-2. Person arrested in another county.
17 (a) Any person arrested in a county other than the one in
18which a warrant for his or her arrest was issued shall be taken
19without unnecessary delay before the nearest and most
20accessible judge in the county where the arrest was made or, if
21no additional delay is created, before the nearest and most
22accessible judge in the county from which the warrant was
23issued. He or she shall be released admitted to bail in the
24amount specified in the warrant or, for offenses other than
25felonies, in an amount as set by the judge, and such bail shall

HB3421- 58 -LRB100 05621 SLF 15635 b
1be conditioned on his or her appearing in the court issuing the
2warrant on a certain date. The judge may hold a hearing to
3determine if the defendant is the same person as named in the
4warrant.
5 (b) Notwithstanding the provisions of subsection (a), any
6person arrested in a county other than the one in which a
7warrant for his or her arrest was issued, may waive the right
8to be taken before a judge in the county where the arrest was
9made. If a person so arrested waives such right, the arresting
10agency shall surrender the such person to a law enforcement
11agency of the county that issued the warrant without
12unnecessary delay. The provisions of Section 109-1 shall then
13apply to the person so arrested.
14(Source: P.A. 86-298.)
15 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
16 Sec. 110-1. Definitions.
17 (a) (Blank). "Security" is that which is required to be
18pledged to insure the payment of bail.
19 (a-5) "Forcible felony" has the meaning ascribed to it in
20Section 2-8 of the Criminal Code of 2012.
21 (b) "Sureties" encompasses the monetary and nonmonetary
22requirements set by the court as conditions for release either
23before or after conviction. "Surety" is one who executes a bail
24bond and binds himself to pay the bail if the person in custody
25fails to comply with all conditions of the bail bond.

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1 (c) The phrase "for which a sentence of imprisonment,
2without conditional and revocable release, shall be imposed by
3law as a consequence of conviction" means an offense for which
4a sentence of imprisonment, without probation, periodic
5imprisonment or conditional discharge, is required by law upon
6conviction.
7 (d) "Real and present threat to the physical safety of any
8person or persons", as used in this Article, includes a threat
9to the community, person, persons or class of persons.
10(Source: P.A. 85-892.)
11 (725 ILCS 5/110-1.5 new)
12 Sec. 110-1.5. Abolishment of monetary bail. Under this
13amendatory Act of the 100th General Assembly, the requirement
14of posting monetary bail is abolished, except as provided in
15the Uniform Criminal Extradition Act which is a compact that
16has been entered between this State and its sister states.
17 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
18 Sec. 110-2. Release on own recognizance. When from all the
19circumstances the court is of the opinion that the defendant
20will appear as required either before or after conviction and
21the defendant will not pose a danger to any person or the
22community and that the defendant will comply with all
23conditions of pre-trial release bond, which shall include the
24defendant's current address with a written admonishment to the

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1defendant that he or she must comply with the provisions of
2Section 110-12 of this Code regarding any change in his or her
3address, the defendant may be released on his or her own
4recognizance. The defendant's address shall at all times remain
5a matter of public record with the clerk of the court. A
6failure to appear as required by such recognizance shall
7constitute an offense subject to the penalty provided in
8Section 32-10 of the Criminal Code of 2012 for violation of
9conditions of pretrial release the bail bond, and any obligated
10sum fixed in the recognizance shall be forfeited and collected
11in accordance with subsection (g) of Section 110-7 of this
12Code.
13 This Section shall be liberally construed to effectuate the
14purpose of relying upon contempt of court proceedings or
15criminal sanctions instead of financial loss to assure the
16appearance of the defendant, and that the defendant will not
17pose a danger to any person or the community and that the
18defendant will comply with all conditions of pre-trial release
19bond. Monetary bail should be set only when it is determined
20that no other conditions of release will reasonably assure the
21defendant's appearance in court, that the defendant does not
22present a danger to any person or the community and that the
23defendant will comply with all conditions of bond.
24 The State may appeal any order permitting release by
25personal recognizance.
26(Source: P.A. 97-1150, eff. 1-25-13.)

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1 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
2 Sec. 110-3. Issuance of warrant. Upon failure of a person
3to comply with any condition of pre-trial release a bail bond
4or recognizance the court having jurisdiction at the time of
5such failure may on its own motion or upon motion from the
6State, issue an order to show cause as to why he or she shall
7not be found in contempt of court or subject to revocation or
8forfeiture of pre-trial release. The order issued by the court
9shall state the facts alleged to constitute the hearing to show
10cause or otherwise why the person is subject to revocation or
11forfeiture of pre-trial release. A certified copy of the order
12shall be served upon the person at least 48 hours in advance of
13the scheduled hearing. If the person does not appear at the
14hearing to show cause or absconds, the court may, in addition
15to any other action provided by law, issue a warrant for the
16arrest of the person at liberty on pre-trial release bail or
17his or her own recognizance. The contents of such a warrant
18shall be the same as required for an arrest warrant issued upon
19complaint and may modify any previously imposed conditions
20placed upon the person, rather than revoking pre-trial release
21or issuing a warrant for the person. When a defendant is at
22liberty on pre-trial release bail or his or her own
23recognizance on a felony charge and fails to appear in court as
24directed, the court shall issue a warrant for the arrest of
25such person after his or her failure to appear at the show for

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1cause hearing as provided in this Section. Such warrant shall
2be noted with a directive to peace officers to arrest the
3person and hold such person without pre-trial release bail and
4to deliver such person before the court for further
5proceedings. A defendant who is arrested or surrenders within
630 days of the issuance of such warrant shall not be subject to
7pre-trial release bailable in the case in question unless he or
8she shows by the preponderance of the evidence that his or her
9failure to appear was not intentional.
10(Source: P.A. 86-298; 86-984; 86-1028.)
11 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
12 Sec. 110-4. Bailable Offenses for which pre-trial release
13may be denied.
14 (a) All persons shall be presumed to be subject to release
15bailable before conviction, but the presumption may be overcome
16for except the following offenses where the proof is evident or
17the presumption great that the defendant is guilty of the
18offense:
19 (1) capital offenses;
20 (2) offenses for which a sentence of life imprisonment
21 may be imposed as a consequence of conviction;
22 (3) forcible felony offenses for which a sentence of
23 imprisonment, without conditional and revocable release,
24 shall be imposed by law as a consequence of conviction,
25 where the court after a hearing, determines that the

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1 release of the defendant would pose a real and present
2 threat to the physical safety of any person or persons;
3 (4) a forcible felony without mandatory imprisonment
4 as a consequence of conviction or stalking or aggravated
5 stalking, where the court, after a hearing, determines that
6 the release of the defendant would pose a real and present
7 threat to the physical safety of the alleged victim of the
8 offense and the denial of release denial of bail is
9 necessary to prevent fulfillment of the threat upon which
10 the charge is based; or
11 (5) unlawful use of weapons in violation of item (4) of
12 subsection (a) of Section 24-1 of the Criminal Code of 1961
13 or the Criminal Code of 2012 when that offense occurred in
14 a school or in any conveyance owned, leased, or contracted
15 by a school to transport students to or from school or a
16 school-related activity, or on any public way within 1,000
17 feet of real property comprising any school or felony
18 unlawful use of weapons, where the court, after a hearing,
19 determines that the release of the defendant would pose a
20 real and present threat to the physical safety of any
21 person and denial of release bail is necessary to prevent
22 fulfillment of that threat; or
23 (6) making a terrorist threat in violation of Section
24 29D-20 of the Criminal Code of 1961 or the Criminal Code of
25 2012 or an attempt to commit the offense of making a
26 terrorist threat, where the court, after a hearing,

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1 determines that the release of the defendant would pose a
2 real and present threat to the physical safety of any
3 person and denial of release bail is necessary to prevent
4 fulfillment of that threat; or
5 (7) a felony other than a forcible felony, where the
6 court after a hearing, determines that the release of the
7 defendant would pose a real and present threat to the
8 physical safety of the alleged victim of the offense and
9 that denial of release is necessary to prevent fulfillment
10 of the threat upon which that charge is based.
11 (b) (Blank). A person seeking release on bail who is
12charged with a capital offense or an offense for which a
13sentence of life imprisonment may be imposed shall not be
14bailable until a hearing is held wherein such person has the
15burden of demonstrating that the proof of his guilt is not
16evident and the presumption is not great.
17 (c) Where it is alleged that pre-trial release bail should
18be denied to a person upon the grounds that the person presents
19a real and present threat to the physical safety of any person
20or persons, the burden of proof of such allegations shall be
21upon the State.
22 (d) When it is alleged that pre-trial release bail should
23be denied to a person charged with stalking or aggravated
24stalking upon the grounds set forth in Section 110-6.3 of this
25Code, the burden of proof of those allegations shall be upon
26the State.

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1(Source: P.A. 97-1150, eff. 1-25-13.)
2 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
3 Sec. 110-5. Determining the amount of bail and conditions
4of pre-trial release.
5 (a) In determining the amount of monetary bail or
6conditions of pre-trial release, if any, which will reasonably
7assure the appearance of a defendant as required or the safety
8of any other person or the community and the likelihood of
9compliance by the defendant with all the conditions of
10pre-trial release bail, the court shall, on the basis of
11available information, take into account such matters as the
12nature and circumstances of the offense charged, whether the
13evidence shows that as part of the offense there was a use of
14violence or threatened use of violence, whether the offense
15involved corruption of public officials or employees, whether
16there was physical harm or threats of physical harm to any
17public official, public employee, judge, prosecutor, juror or
18witness, senior citizen, child, or person with a disability,
19whether evidence shows that during the offense or during the
20arrest the defendant possessed or used a firearm, machine gun,
21explosive or metal piercing ammunition or explosive bomb device
22or any military or paramilitary armament, whether the evidence
23shows that the offense committed was related to or in
24furtherance of the criminal activities of an organized gang or
25was motivated by the defendant's membership in or allegiance to

HB3421- 66 -LRB100 05621 SLF 15635 b
1an organized gang, the condition of the victim, any written
2statement submitted by the victim or proffer or representation
3by the State regarding the impact which the alleged criminal
4conduct has had on the victim and the victim's concern, if any,
5with further contact with the defendant if released on bail,
6whether the offense was based on racial, religious, sexual
7orientation or ethnic hatred, the likelihood of the filing of a
8greater charge, the likelihood of conviction, the sentence
9applicable upon conviction, the weight of the evidence against
10the such defendant, whether there exists motivation or ability
11to flee, whether there is any verification as to prior
12residence, education, or family ties in the local jurisdiction,
13in another county, state or foreign country, the defendant's
14employment, financial resources, character and mental
15condition, past conduct, prior use of alias names or dates of
16birth, and length of residence in the community, the consent of
17the defendant to periodic drug testing in accordance with
18Section 110-6.5, whether a foreign national defendant is
19lawfully admitted in the United States of America, whether the
20government of the foreign national maintains an extradition
21treaty with the United States by which the foreign government
22will extradite to the United States its national for a trial
23for a crime allegedly committed in the United States, whether
24the defendant is currently subject to deportation or exclusion
25under the immigration laws of the United States, whether the
26defendant, although a United States citizen, is considered

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1under the law of any foreign state a national of that state for
2the purposes of extradition or non-extradition to the United
3States, the amount of unrecovered proceeds lost as a result of
4the alleged offense, the source of bail funds tendered or
5sought to be tendered for bail, whether from the totality of
6the court's consideration, the loss of funds posted or sought
7to be posted for bail will not deter the defendant from flight,
8whether the evidence shows that the defendant is engaged in
9significant possession, manufacture, or delivery of a
10controlled substance or cannabis, either individually or in
11consort with others, whether at the time of the offense charged
12he or she was on bond or pre-trial release pending trial,
13probation, periodic imprisonment or conditional discharge
14under pursuant to this Code or the comparable Code of any other
15state or federal jurisdiction, whether the defendant is on bond
16or pre-trial release pending the imposition or execution of
17sentence or appeal of sentence for any offense under the laws
18of this State Illinois or any other state or federal
19jurisdiction, whether the defendant is under parole, aftercare
20release, mandatory supervised release, or work release from the
21Illinois Department of Corrections or Illinois Department of
22Juvenile Justice or any penal institution or corrections
23department of any state or federal jurisdiction, the
24defendant's record of convictions, whether the defendant has
25been convicted of a misdemeanor or ordinance offense in this
26State Illinois or similar offense in other state or federal

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1jurisdiction within the 10 years preceding the current charge
2or convicted of a felony in this State Illinois, whether the
3defendant was convicted of an offense in another state or
4federal jurisdiction that would be a felony if committed in
5this State Illinois within the 20 years preceding the current
6charge or has been convicted of such felony and released from
7the penitentiary within 20 years preceding the current charge
8if a penitentiary sentence was imposed in this State Illinois
9or other state or federal jurisdiction, the defendant's records
10of juvenile adjudication of delinquency in any jurisdiction,
11any record of appearance or failure to appear by the defendant
12at court proceedings, whether there was flight to avoid arrest
13or prosecution, whether the defendant escaped or attempted to
14escape to avoid arrest, whether the defendant refused to
15identify himself or herself, or whether there was a refusal by
16the defendant to be fingerprinted as required by law.
17Information used by the court in its findings or stated in or
18offered in connection with this Section may be by way of
19proffer based upon reliable information offered by the State or
20defendant. All evidence shall be admissible if it is relevant
21and reliable regardless of whether it would be admissible under
22the rules of evidence applicable at criminal trials. If the
23State presents evidence that the offense committed by the
24defendant was related to or in furtherance of the criminal
25activities of an organized gang or was motivated by the
26defendant's membership in or allegiance to an organized gang,

HB3421- 69 -LRB100 05621 SLF 15635 b
1and if the court determines that the evidence may be
2substantiated, the court shall prohibit the defendant from
3associating with other members of the organized gang as a
4condition of pre-trial bail or release. For the purposes of
5this Section, "organized gang" has the meaning ascribed to it
6in Section 10 of the Illinois Streetgang Terrorism Omnibus
7Prevention Act.
8 (b) (Blank). The amount of bail shall be:
9 (1) Sufficient to assure compliance with the
10 conditions set forth in the bail bond, which shall include
11 the defendant's current address with a written
12 admonishment to the defendant that he or she must comply
13 with the provisions of Section 110-12 regarding any change
14 in his or her address. The defendant's address shall at all
15 times remain a matter of public record with the clerk of
16 the court.
17 (2) Not oppressive.
18 (3) Considerate of the financial ability of the
19 accused.
20 (4) When a person is charged with a drug related
21 offense involving possession or delivery of cannabis or
22 possession or delivery of a controlled substance as defined
23 in the Cannabis Control Act, the Illinois Controlled
24 Substances Act, or the Methamphetamine Control and
25 Community Protection Act, the full street value of the
26 drugs seized shall be considered. "Street value" shall be

HB3421- 70 -LRB100 05621 SLF 15635 b
1 determined by the court on the basis of a proffer by the
2 State based upon reliable information of a law enforcement
3 official contained in a written report as to the amount
4 seized and such proffer may be used by the court as to the
5 current street value of the smallest unit of the drug
6 seized.
7 (b-5) (Blank). Upon the filing of a written request
8demonstrating reasonable cause, the State's Attorney may
9request a source of bail hearing either before or after the
10posting of any funds. If the hearing is granted, before the
11posting of any bail, the accused must file a written notice
12requesting that the court conduct a source of bail hearing. The
13notice must be accompanied by justifying affidavits stating the
14legitimate and lawful source of funds for bail. At the hearing,
15the court shall inquire into any matters stated in any
16justifying affidavits, and may also inquire into matters
17appropriate to the determination which shall include, but are
18not limited to, the following:
19 (1) the background, character, reputation, and
20 relationship to the accused of any surety; and
21 (2) the source of any money or property deposited by
22 any surety, and whether any such money or property
23 constitutes the fruits of criminal or unlawful conduct; and
24 (3) the source of any money posted as cash bail, and
25 whether any such money constitutes the fruits of criminal
26 or unlawful conduct; and

HB3421- 71 -LRB100 05621 SLF 15635 b
1 (4) the background, character, reputation, and
2 relationship to the accused of the person posting cash
3 bail.
4 Upon setting the hearing, the court shall examine, under
5oath, any persons who may possess material information.
6 The State's Attorney has a right to attend the hearing, to
7call witnesses and to examine any witness in the proceeding.
8The court shall, upon request of the State's Attorney, continue
9the proceedings for a reasonable period to allow the State's
10Attorney to investigate the matter raised in any testimony or
11affidavit. If the hearing is granted after the accused has
12posted bail, the court shall conduct a hearing consistent with
13this subsection (b-5). At the conclusion of the hearing, the
14court must issue an order either approving of disapproving the
15bail.
16 (c)When a person is charged with an offense punishable by
17fine only the amount of the bail shall not exceed double the
18amount of the maximum penalty.
19 (d) (Blank). When a person has been convicted of an offense
20and only a fine has been imposed the amount of the bail shall
21not exceed double the amount of the fine.
22 (e) (Blank). The State may appeal any order granting bail
23or setting a given amount for bail.
24 (f) When a person is charged with a violation of an order
25of protection under Section 12-3.4 or 12-30 of the Criminal
26Code of 1961 or the Criminal Code of 2012 or when a person is

HB3421- 72 -LRB100 05621 SLF 15635 b
1charged with domestic battery, aggravated domestic battery,
2kidnapping, aggravated kidnaping, unlawful restraint,
3aggravated unlawful restraint, stalking, aggravated stalking,
4cyberstalking, harassment by telephone, harassment through
5electronic communications, or an attempt to commit first degree
6murder committed against an intimate partner regardless
7whether an order of protection has been issued against the
8person,
9 (1) whether the alleged incident involved harassment
10 or abuse, as defined in the Illinois Domestic Violence Act
11 of 1986;
12 (2) whether the person has a history of domestic
13 violence, as defined in the Illinois Domestic Violence Act,
14 or a history of other criminal acts;
15 (3) based on the mental health of the person;
16 (4) whether the person has a history of violating the
17 orders of any court or governmental entity;
18 (5) whether the person has been, or is, potentially a
19 threat to any other person;
20 (6) whether the person has access to deadly weapons or
21 a history of using deadly weapons;
22 (7) whether the person has a history of abusing alcohol
23 or any controlled substance;
24 (8) based on the severity of the alleged incident that
25 is the basis of the alleged offense, including, but not
26 limited to, the duration of the current incident, and

HB3421- 73 -LRB100 05621 SLF 15635 b
1 whether the alleged incident involved the use of a weapon,
2 physical injury, sexual assault, strangulation, abuse
3 during the alleged victim's pregnancy, abuse of pets, or
4 forcible entry to gain access to the alleged victim;
5 (9) whether a separation of the person from the alleged
6 victim or a termination of the relationship between the
7 person and the alleged victim has recently occurred or is
8 pending;
9 (10) whether the person has exhibited obsessive or
10 controlling behaviors toward the alleged victim,
11 including, but not limited to, stalking, surveillance, or
12 isolation of the alleged victim or victim's family member
13 or members;
14 (11) whether the person has expressed suicidal or
15 homicidal ideations;
16 (12) based on any information contained in the
17 complaint and any police reports, affidavits, or other
18 documents accompanying the complaint,
19the court may, in its discretion, order the respondent to
20undergo a risk assessment evaluation using a recognized,
21evidence-based instrument conducted by an Illinois Department
22of Human Services approved partner abuse intervention program
23provider, pretrial service, probation, or parole agency. These
24agencies shall have access to summaries of the defendant's
25criminal history, which shall not include victim interviews or
26information, for the risk evaluation. Based on the information

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1collected from the 12 points to be considered at a pre-trial
2release bail hearing under this subsection (f), the results of
3any risk evaluation conducted and the other circumstances of
4the violation, the court may order that the person, as a
5condition of pre-trial release bail, be placed under electronic
6surveillance as provided in Section 5-8A-7 of the Unified Code
7of Corrections. Upon making a determination whether or not to
8order the respondent to undergo a risk assessment evaluation or
9to be placed under electronic surveillance and risk assessment,
10the court shall document in the record the court's reasons for
11making those determinations. The cost of the electronic
12surveillance and risk assessment shall be paid by, or on
13behalf, of the defendant. As used in this subsection (f),
14"intimate partner" means a spouse or a current or former
15partner in a cohabitation or dating relationship.
16(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15;
1799-143, eff. 7-27-15.)
18 (725 ILCS 5/110-5.1)
19 Sec. 110-5.1. Bail; Pre-trial release of certain persons
20charged with violent crimes against family or household
21members.
22 (a) Subject to subsection (c), a person who is charged with
23a violent crime shall appear before the court for the setting
24of conditions of pre-trial release bail if the alleged victim
25was a family or household member at the time of the alleged

HB3421- 75 -LRB100 05621 SLF 15635 b
1offense, and if any of the following applies:
2 (1) the person charged, at the time of the alleged
3 offense, was subject to the terms of an order of protection
4 issued under Section 112A-14 of this Code or Section 214 of
5 the Illinois Domestic Violence Act of 1986 or previously
6 was convicted of a violation of an order of protection
7 under Section 12-3.4 or 12-30 of the Criminal Code of 1961
8 or the Criminal Code of 2012 or a violent crime if the
9 victim was a family or household member at the time of the
10 offense or a violation of a substantially similar municipal
11 ordinance or law of this or any other state or the United
12 States if the victim was a family or household member at
13 the time of the offense;
14 (2) the arresting officer indicates in a police report
15 or other document accompanying the complaint any of the
16 following:
17 (A) that the arresting officer observed on the
18 alleged victim objective manifestations of physical
19 harm that the arresting officer reasonably believes
20 are a result of the alleged offense;
21 (B) that the arresting officer reasonably believes
22 that the person had on the person's person at the time
23 of the alleged offense a deadly weapon;
24 (C) that the arresting officer reasonably believes
25 that the person presents a credible threat of serious
26 physical harm to the alleged victim or to any other

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1 person if released on bail before trial.
2 (b) To the extent that information about any of the
3following is available to the court, the court shall consider
4all of the following, in addition to any other circumstances
5considered by the court, before determining conditions of
6pre-trial release setting bail for a person who appears before
7the court under pursuant to subsection (a):
8 (1) whether the person has a history of domestic
9 violence or a history of other violent acts;
10 (2) the mental health of the person;
11 (3) whether the person has a history of violating the
12 orders of any court or governmental entity;
13 (4) whether the person is potentially a threat to any
14 other person;
15 (5) whether the person has access to deadly weapons or
16 a history of using deadly weapons;
17 (6) whether the person has a history of abusing alcohol
18 or any controlled substance;
19 (7) the severity of the alleged violence that is the
20 basis of the alleged offense, including, but not limited
21 to, the duration of the alleged violent incident, and
22 whether the alleged violent incident involved serious
23 physical injury, sexual assault, strangulation, abuse
24 during the alleged victim's pregnancy, abuse of pets, or
25 forcible entry to gain access to the alleged victim;
26 (8) whether a separation of the person from the alleged

HB3421- 77 -LRB100 05621 SLF 15635 b
1 victim or a termination of the relationship between the
2 person and the alleged victim has recently occurred or is
3 pending;
4 (9) whether the person has exhibited obsessive or
5 controlling behaviors toward the alleged victim,
6 including, but not limited to, stalking, surveillance, or
7 isolation of the alleged victim;
8 (10) whether the person has expressed suicidal or
9 homicidal ideations; and
10 (11) any information contained in the complaint and any
11 police reports, affidavits, or other documents
12 accompanying the complaint.
13 (b-5) The court may use a regularly validated risk
14assessment tool. If a risk assessment tool is used, the
15defendant's counsel shall be provided with the information and
16scoring system of the risk assessment tool used to arrive at
17the determination. The defendant retains the right to challenge
18the validity of a risk assessment tool used by the court and to
19present evidence relevant to the defendant's challenge.
20 (c) Upon the court's own motion or the motion of a party
21and upon any terms that the court may direct, a court may
22permit a person who is required to appear before it by
23subsection (a) to appear by video conferencing equipment. If,
24in the opinion of the court, the appearance in person or by
25video conferencing equipment of a person who is charged with a
26misdemeanor and who is required to appear before the court by

HB3421- 78 -LRB100 05621 SLF 15635 b
1subsection (a) is not practicable, the court may waive the
2appearance and release the person. on bail on one or both of
3the following types of bail in an amount set by the court:
4 (1) a bail bond secured by a deposit of 10% of the
5 amount of the bond in cash;
6 (2) a surety bond, a bond secured by real estate or
7 securities as allowed by law, or the deposit of cash, at
8 the option of the person.
9 (d) The pre-trial release hearing may be reopened before or
10after a determination by the court under this Section before
11trial begins at the request of the defendant if 2 court days
12notice is given to the State.
13 Subsection (a) does not create a right in a person to
14appear before the court for determining conditions of pre-trial
15release the setting of bail or prohibit a court from requiring
16any person charged with a violent crime who is not described in
17subsection (a) from appearing before the court for the setting
18of conditions of pre-trial release bail.
19 (d) As used in this Section:
20 (1) "Violent crime" has the meaning ascribed to it in
21 Section 3 of the Rights of Crime Victims and Witnesses Act.
22 (2) "Family or household member" has the meaning
23 ascribed to it in Section 112A-3 of this Code.
24(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
25 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)

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1 Sec. 110-6. Order to show cause; issuance of warrant.
2 (a) Upon verified application by the State or the defendant
3or on its own motion the court before which the proceeding is
4pending may increase or reduce the amount of bail or may alter
5the conditions of pre-trial release the bail bond or grant
6pre-trial release bail where it has been previously revoked or
7denied. If pre-trial release bail has been previously revoked
8under pursuant to subsection (f) of this Section or if
9pre-trial release bail has been denied to the defendant under
10pursuant to subsection (e) of Section 110-6.1 or subsection (e)
11of Section 110-6.3, the defendant shall be required to present
12a verified application setting forth in detail any new facts
13not known or obtainable at the time of the previous revocation
14or denial of pre-trial release bail proceedings. If the court
15grants pre-trial release bail where it has been previously
16revoked or denied, the court shall state on the record of the
17proceedings the findings of facts and conclusion of law upon
18which such order is based.
19 (b) Violation of the conditions of Section 110-10 of this
20Code or any special conditions of pre-trial release bail as
21ordered by the court shall constitute grounds for the court to
22increase the amount of bail, or otherwise alter the conditions
23of pre-trial release bail, or, where the alleged offense
24committed on pre-trial release bail is a forcible felony in
25Illinois or a Class 2 or greater offense under the Illinois
26Controlled Substances Act, the Cannabis Control Act, or the

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1Methamphetamine Control and Community Protection Act, revoke
2pre-trial release under bail pursuant to the appropriate
3provisions of subsection (e) of this Section.
4 (c) Reasonable notice of such application by the defendant
5shall be given to the State.
6 (d) Reasonable notice of such application by the State
7shall be given to the defendant, except as provided in
8subsection (e).
9 (e) Upon verified application by the State stating facts or
10circumstances constituting a violation or a threatened
11violation by a person of any of the conditions of pre-trial
12release the bail bond the court may on its own motion or upon
13motion of the State, issue an order to show cause as to why he
14or she shall not be found in contempt of court or subject to
15revocation or forfeiture of pre-trial release. The order issued
16by the court shall state the facts alleged to constitute the
17hearing to show cause or otherwise why the person is subject to
18revocation or forfeiture of pre-trial release. A certified copy
19of the order shall be served upon the person at least 48 hours
20in advance of the scheduled hearing. If the person does not
21appear at the hearing to show cause or absconds, the court may
22issue a warrant commanding any peace officer to bring the
23defendant without unnecessary delay before the court for a
24hearing on the matters set forth in the application. If the
25actual court before which the proceeding is pending is absent
26or otherwise unavailable another court may issue a warrant

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1under pursuant to this Section. When the defendant is charged
2with a felony offense and while free on pre-trial release bail
3is charged with a subsequent felony offense and is the subject
4of a proceeding under set forth in Section 109-1 or 109-3 of
5this Code, upon the filing of a verified petition by the State
6alleging a violation of Section 110-10 (a) (4) of this Code,
7the court shall without prior notice to the defendant, grant
8leave to file such application and shall order the transfer of
9the defendant and the application without unnecessary delay to
10the court before which the previous felony matter is pending
11for a hearing as provided in subsection (b) or this subsection
12of this Section. The defendant shall be held without pre-trial
13release bond pending transfer to and a hearing before such
14court. At the conclusion of the hearing based on a violation of
15the conditions of Section 110-10 of this Code or any special
16conditions of pre-trial release bail as ordered by the court
17the court may enter an order altering increasing the amount of
18bail or alter the conditions of pre-trial release bail as
19deemed appropriate.
20 (f) Where the alleged violation consists of the violation
21of one or more felony statutes of any jurisdiction which would
22be a forcible felony in Illinois or a Class 2 or greater
23offense under the Illinois Controlled Substances Act, the
24Cannabis Control Act, or the Methamphetamine Control and
25Community Protection Act and the defendant is on pre-trial
26release bail for the alleged commission of a felony, or where

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1the defendant is on bail for a felony domestic battery
2(enhanced pursuant to subsection (b) of Section 12-3.2 of the
3Criminal Code of 1961 or the Criminal Code of 2012), aggravated
4domestic battery, aggravated battery, unlawful restraint,
5aggravated unlawful restraint or domestic battery in violation
6of item (1) of subsection (a) of Section 12-3.2 of the Criminal
7Code of 1961 or the Criminal Code of 2012 against a family or
8household member as defined in Section 112A-3 of this Code and
9the violation is an offense of domestic battery against the
10same victim the court shall, on the motion of the State or its
11own motion, revoke pre-trial release bail in accordance with
12the following provisions:
13 (1) The court shall hold the defendant without
14 pre-trial release bail pending the hearing on the alleged
15 breach; however, if the defendant is not released admitted
16 to bail the hearing shall be commenced within 10 days from
17 the date the defendant is taken into custody or the
18 defendant may not be held any longer without pre-trial
19 release bail, unless delay is occasioned by the defendant.
20 Where defendant occasions the delay, the running of the 10
21 day period is temporarily suspended and resumes at the
22 termination of the period of delay. Where defendant
23 occasions the delay with 5 or fewer days remaining in the
24 10 day period, the court may grant a period of up to 5
25 additional days to the State for good cause shown. The
26 State, however, shall retain the right to proceed to

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1 hearing on the alleged violation at any time, upon
2 reasonable notice to the defendant and the court.
3 (2) At a hearing on the alleged violation the State has
4 the burden of going forward and proving the violation by
5 clear and convincing evidence. The evidence shall be
6 presented in open court with the opportunity to testify, to
7 present witnesses in his behalf, and to cross-examine
8 witnesses if any are called by the State, and
9 representation by counsel and if the defendant is indigent
10 to have counsel appointed for him or her. The rules of
11 evidence applicable in criminal trials in this State shall
12 not govern the admissibility of evidence at such hearing.
13 Information used by the court in its findings or stated in
14 or offered in connection with hearings for increase of
15 conditions or revocation of pre-trial release bail may be
16 by way of proffer based upon reliable information offered
17 by the State or defendant. All evidence shall be admissible
18 if it is relevant and reliable regardless of whether it
19 would be admissible under the rules of evidence applicable
20 at criminal trials. A motion by the defendant to suppress
21 evidence or to suppress a confession shall not be
22 entertained at such a hearing. Evidence that proof may have
23 been obtained as a result of an unlawful search and seizure
24 or through improper interrogation is not relevant to this
25 hearing.
26 (3) Upon a finding by the court that the State has

HB3421- 84 -LRB100 05621 SLF 15635 b
1 established by clear and convincing evidence that the
2 defendant has committed a forcible felony or a Class 2 or
3 greater offense under the Illinois Controlled Substances
4 Act, the Cannabis Control Act, or the Methamphetamine
5 Control and Community Protection Act while released
6 admitted to bail, or where the defendant is on pre-trial
7 release bail for a felony domestic battery (enhanced
8 pursuant to subsection (b) of Section 12-3.2 of the
9 Criminal Code of 1961 or the Criminal Code of 2012),
10 aggravated domestic battery, aggravated battery, unlawful
11 restraint, aggravated unlawful restraint or domestic
12 battery in violation of item (1) of subsection (a) of
13 Section 12-3.2 of the Criminal Code of 1961 or the Criminal
14 Code of 2012 against a family or household member as
15 defined in Section 112A-3 of this Code and the violation is
16 an offense of domestic battery, against the same victim,
17 the court shall revoke the bail of the defendant and hold
18 the defendant for trial without pre-trial release bail.
19 Neither the finding of the court nor any transcript or
20 other record of the hearing shall be admissible in the
21 State's case in chief, but shall be admissible for
22 impeachment, or as provided in Section 115-10.1 of this
23 Code or in a perjury proceeding.
24 (4) If pre-trial release the bail of any defendant is
25 revoked under pursuant to paragraph (f) (3) of this
26 Section, the defendant may demand and shall be entitled to

HB3421- 85 -LRB100 05621 SLF 15635 b
1 be brought to trial on the offense with respect to which he
2 or she was formerly released on bail within 90 days after
3 the date on which his or her pre-trial release bail was
4 revoked. If the defendant is not brought to trial within
5 the 90 day period required by the preceding sentence, he or
6 she shall not be held longer without pre-trial release
7 bail. In computing the 90 day period, the court shall omit
8 any period of delay resulting from a continuance granted at
9 the request of the defendant.
10 (5) If the defendant either is arrested on a warrant
11 issued under pursuant to this Code or is arrested for an
12 unrelated offense and it is subsequently discovered that
13 the defendant is a subject of another warrant or warrants
14 issued under pursuant to this Code, the defendant shall be
15 transferred promptly to the court which issued the such
16 warrant. If, however, the defendant appears initially
17 before a court other than the court which issued the such
18 warrant, the non-issuing court shall not alter the
19 conditions of pre-trial release previously amount of bail
20 heretofore set on the such warrant unless the court sets
21 forth on the record of proceedings the conclusions of law
22 and facts which are the basis for such altering of another
23 court's conditions of pre-trial release bond. The
24 non-issuing court shall not alter another court's
25 conditions of pre-trial release previously courts bail set
26 on a warrant unless the interests of justice and public

HB3421- 86 -LRB100 05621 SLF 15635 b
1 safety are served by such action.
2 (g) The State may appeal any order where the court has
3increased or reduced the amount of bail or altered the
4conditions of pre-trial release the bail bond or granted
5pre-trial release bail where it has previously been revoked.
6(Source: P.A. 97-1150, eff. 1-25-13.)
7 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
8 Sec. 110-6.1. Denial of pre-trial release bail in
9non-probationable felony offenses.
10 (a) Upon verified petition by the State, the court shall
11hold a hearing to determine whether pre-trial release bail
12should be denied to a defendant who is charged with a forcible
13felony offense for which a sentence of imprisonment, without
14probation, periodic imprisonment or conditional discharge, is
15required by law upon conviction, when it is alleged that the
16defendant's admission pre-trial release to bail poses a real
17and present threat to the physical safety of any person or
18persons.
19 (1) A petition may be filed without prior notice to the
20 defendant at the first appearance before a judge, or within
21 the 21 calendar days, except as provided in Section 110-6,
22 after arrest and release of the defendant upon reasonable
23 notice to defendant; provided that while such petition is
24 pending before the court, the defendant if previously
25 released shall not be detained.

HB3421- 87 -LRB100 05621 SLF 15635 b
1 (2) The hearing shall be held immediately upon the
2 defendant's appearance before the court, unless for good
3 cause shown the defendant or the State seeks a continuance.
4 A continuance on motion of the defendant may not exceed 5
5 calendar days, and a continuance on the motion of the State
6 may not exceed 3 calendar days. The defendant may be held
7 in custody during such continuance.
8 (b) The court may deny pre-trial release bail to the
9defendant where, after the hearing, it is determined that:
10 (1) the proof is evident or the presumption great that
11 the defendant has committed an offense for which a sentence
12 of imprisonment, without probation, periodic imprisonment
13 or conditional discharge, must be imposed by law as a
14 consequence of conviction, and
15 (2) the defendant poses a real and present threat to
16 the physical safety of any person or persons, by conduct
17 which may include, but is not limited to, a forcible
18 felony, the obstruction of justice, intimidation, injury,
19 physical harm, an offense under the Illinois Controlled
20 Substances Act which is a Class X felony, or an offense
21 under the Methamphetamine Control and Community Protection
22 Act which is a Class X felony, and
23 (3) the court finds that no condition or combination of
24 conditions set forth in subsection (b) of Section 110-10 of
25 this Article, can reasonably assure the physical safety of
26 any other person or persons.

HB3421- 88 -LRB100 05621 SLF 15635 b
1 (c) Conduct of the hearings.
2 (1) The hearing on the defendant's culpability and
3 dangerousness shall be conducted in accordance with the
4 following provisions:
5 (A) Information used by the court in its findings
6 or stated in or offered at such hearing may be by way
7 of proffer based upon reliable information offered by
8 the State or by defendant. The defendant Defendant has
9 the right to be represented by counsel, and if he or
10 she is indigent, to have counsel appointed for him or
11 her. The defendant Defendant shall have the
12 opportunity to testify, to present witnesses in his own
13 behalf, and to cross-examine witnesses if any are
14 called by the State. The defendant has the right to
15 present witnesses in his or her favor. When the ends of
16 justice so require, the court may exercise exercises
17 its discretion and compel the appearance of a
18 complaining witness. The court shall state on the
19 record reasons for granting a defense request to compel
20 the presence of a complaining witness.
21 Cross-examination of a complaining witness at the
22 pre-trial pretrial detention hearing for the purpose
23 of impeaching the witness' credibility is insufficient
24 reason to compel the presence of the witness. In
25 deciding whether to compel the appearance of a
26 complaining witness, the court shall be considerate of

HB3421- 89 -LRB100 05621 SLF 15635 b
1 the emotional and physical well-being of the witness.
2 The pre-trial detention hearing is not to be used for
3 purposes of discovery, and the post arraignment rules
4 of discovery do not apply. The State shall tender to
5 the defendant, prior to the hearing, copies of
6 defendant's criminal history, if any, if available,
7 and any written or recorded statements and the
8 substance of any oral statements made by any person, if
9 relied upon by the State in its petition. The court may
10 use a regularly validated risk assessment tool. If a
11 risk assessment tool is used, the defendant's counsel
12 shall be provided with the information and scoring
13 system of the risk assessment tool used to arrive at
14 the determination. The defendant retains the right to
15 challenge the validity of a risk assessment tool used
16 by the court and to present evidence relevant to the
17 defendant's challenge. The rules concerning the
18 admissibility of evidence in criminal trials do not
19 apply to the presentation and consideration of
20 information at the hearing. At the trial concerning the
21 offense for which the hearing was conducted neither the
22 finding of the court nor any transcript or other record
23 of the hearing shall be admissible in the State's case
24 in chief, but shall be admissible for impeachment, or
25 as provided in Section 115-10.1 of this Code, or in a
26 perjury proceeding.

HB3421- 90 -LRB100 05621 SLF 15635 b
1 (B) A motion by the defendant to suppress evidence
2 or to suppress a confession shall not be entertained.
3 Evidence that proof may have been obtained as the
4 result of an unlawful search and seizure or through
5 improper interrogation is not relevant to this state of
6 the prosecution.
7 (2) The facts relied upon by the court to support a
8 finding that the defendant poses a real and present threat
9 to the physical safety of any person or persons shall be
10 supported by clear and convincing evidence presented by the
11 State.
12 (d) Factors to be considered in making a determination of
13dangerousness. The court may, in determining whether the
14defendant poses a real and present threat to the physical
15safety of any person or persons, consider but shall not be
16limited to evidence or testimony concerning:
17 (1) The nature and circumstances of any offense
18 charged, including whether the offense is a crime of
19 violence, involving a weapon.
20 (2) The history and characteristics of the defendant
21 including:
22 (A) Any evidence of the defendant's prior criminal
23 history indicative of violent, abusive or assaultive
24 behavior, or lack of such behavior. The Such evidence
25 may include testimony or documents received in
26 juvenile proceedings, criminal, quasi-criminal, civil

HB3421- 91 -LRB100 05621 SLF 15635 b
1 commitment, domestic relations, or other proceedings.
2 (B) Any evidence of the defendant's psychological,
3 psychiatric, or other similar social history which
4 tends to indicate a violent, abusive, or assaultive
5 nature, or lack of any such history.
6 (3) The identity of any person or persons to whose
7 safety the defendant is believed to pose a threat, and the
8 nature of the threat;
9 (4) Any statements made by, or attributed to the
10 defendant, together with the circumstances surrounding
11 them;
12 (5) The age and physical condition of any person
13 assaulted by the defendant;
14 (6) Whether the defendant is known to possess or have
15 access to any weapon or weapons;
16 (7) Whether, at the time of the current offense or any
17 other offense or arrest, the defendant was on probation,
18 parole, aftercare release, mandatory supervised release or
19 other release from custody pending trial, sentencing,
20 appeal or completion of sentence for an offense under
21 federal or state law;
22 (8) Any other factors, including those listed in
23 Section 110-5 of this Article deemed by the court to have a
24 reasonable bearing upon the defendant's propensity or
25 reputation for violent, abusive or assaultive behavior, or
26 lack of such behavior.

HB3421- 92 -LRB100 05621 SLF 15635 b
1 (e) Detention order. The court shall, in any order for
2detention:
3 (1) briefly summarize the evidence of the defendant's
4 culpability and its reasons for concluding that the
5 defendant should be held without pre-trial release bail;
6 (2) direct that the defendant be committed to the
7 custody of the sheriff for confinement in the county jail
8 pending trial;
9 (3) direct that the defendant be given a reasonable
10 opportunity for private consultation with counsel, and for
11 communication with others of his or her choice by
12 visitation, mail and telephone; and
13 (4) direct that the sheriff deliver the defendant as
14 required for appearances in connection with court
15 proceedings.
16 (f) If the court enters an order for the detention of the
17defendant under pursuant to subsection (e) of this Section, the
18defendant shall be brought to trial on the offense for which he
19or she is detained within 90 days after the date on which the
20order for detention was entered. If the defendant is not
21brought to trial within the 90-day period required by the
22preceding sentence, he or she shall not be held longer without
23pre-trial release bail. In computing the 90-day period, the
24court shall omit any period of delay resulting from a
25continuance granted at the request of the defendant.
26 (g) The pre-trial release hearing may be reopened before or

HB3421- 93 -LRB100 05621 SLF 15635 b
1after a determination by the court under this Section before
2trial begins at the request of the defendant if 2 court days
3notice is given to the State. Rights of the defendant. The
4defendant Any person shall be entitled to appeal any order
5entered under this Section denying bail to the defendant.
6 (h) The State may appeal any order entered under this
7Section denying any motion for denial of bail.
8 (i) Nothing in this Section shall be construed as modifying
9or limiting in any way the defendant's presumption of innocence
10in further criminal proceedings.
11(Source: P.A. 98-558, eff. 1-1-14.)
12 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
13 Sec. 110-6.2. Post-conviction Detention.
14 (a) The court may order that a person who has been found
15guilty of an offense and who is waiting imposition or execution
16of sentence be held without pre-trial release bond unless the
17court finds by clear and convincing evidence that the person is
18not likely to flee or pose a danger to any other person or the
19community if released under Sections 110-5 and 110-10 of this
20Act.
21 (b) (Blank). The court may order that person who has been
22found guilty of an offense and sentenced to a term of
23imprisonment be held without bond unless the court finds by
24clear and convincing evidence that:
25 (1) the person is not likely to flee or pose a danger

HB3421- 94 -LRB100 05621 SLF 15635 b
1 to the safety of any other person or the community if
2 released on bond pending appeal; and
3 (2) that the appeal is not for purpose of delay and
4 raises a substantial question of law or fact likely to
5 result in reversal or an order for a new trial.
6(Source: P.A. 96-1200, eff. 7-22-10.)
7 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
8 Sec. 110-6.3. Denial of pre-trial release bail in stalking
9and aggravated stalking offenses.
10 (a) Upon verified petition by the State, the court shall
11hold a hearing to determine whether pre-trial release bail
12should be denied to a defendant who is charged with stalking or
13aggravated stalking, when it is alleged that the defendant's
14pre-trial release admission to bail poses a real and present
15threat to the physical safety of the alleged victim of the
16offense, and denial of pre-trial release on bail or personal
17recognizance is necessary to prevent fulfillment of the threat
18upon which the charge is based.
19 (1) A petition may be filed without prior notice to the
20 defendant at the first appearance before a judge, or within
21 21 calendar days, except as provided in Section 110-6,
22 after arrest and release of the defendant upon reasonable
23 notice to defendant; provided that while the petition is
24 pending before the court, the defendant if previously
25 released shall not be detained.

HB3421- 95 -LRB100 05621 SLF 15635 b
1 (2) The hearing shall be held immediately upon the
2 defendant's appearance before the court, unless for good
3 cause shown the defendant or the State seeks a continuance.
4 A continuance on motion of the defendant may not exceed 5
5 calendar days, and the defendant may be held in custody
6 during the continuance. A continuance on the motion of the
7 State may not exceed 3 calendar days; however, the
8 defendant may be held in custody during the continuance
9 under this provision if the defendant has been previously
10 found to have violated an order of protection or has been
11 previously convicted of, or granted court supervision for,
12 any of the offenses set forth in Sections 11-1.20, 11-1.30,
13 11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3,
14 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15
15 or 12-16 of the Criminal Code of 1961 or the Criminal Code
16 of 2012, against the same person as the alleged victim of
17 the stalking or aggravated stalking offense.
18 (b) The court may deny pre-trial release bail to the
19defendant when, after the hearing, it is determined that:
20 (1) the proof is evident or the presumption great that
21 the defendant has committed the offense of stalking or
22 aggravated stalking; and
23 (2) the defendant poses a real and present threat to
24 the physical safety of the alleged victim of the offense;
25 and
26 (3) the denial of pre-trial release on bail or personal

HB3421- 96 -LRB100 05621 SLF 15635 b
1 recognizance is necessary to prevent fulfillment of the
2 threat upon which the charge is based; and
3 (4) the court finds that no condition or combination of
4 conditions set forth in subsection (b) of Section 110-10 of
5 this Code, including mental health treatment at a community
6 mental health center, hospital, or facility of the
7 Department of Human Services, can reasonably assure the
8 physical safety of the alleged victim of the offense.
9 (c) Conduct of the hearings.
10 (1) The hearing on the defendant's culpability and
11 threat to the alleged victim of the offense shall be
12 conducted in accordance with the following provisions:
13 (A) Information used by the court in its findings
14 or stated in or offered at the hearing may be by way of
15 proffer based upon reliable information offered by the
16 State or by defendant. The defendant Defendant has the
17 right to be represented by counsel, and if he is
18 indigent, to have counsel appointed for him or her. The
19 defendant Defendant shall have the opportunity to
20 testify, to present witnesses in his or her own behalf,
21 and to cross-examine witnesses if any are called by the
22 State. The defendant has the right to present witnesses
23 in his or her favor. When the ends of justice so
24 require, the court may exercise its discretion and
25 compel the appearance of a complaining witness. The
26 court shall state on the record reasons for granting a

HB3421- 97 -LRB100 05621 SLF 15635 b
1 defense request to compel the presence of a complaining
2 witness. Cross-examination of a complaining witness at
3 the pretrial detention hearing for the purpose of
4 impeaching the witness' credibility is insufficient
5 reason to compel the presence of the witness. In
6 deciding whether to compel the appearance of a
7 complaining witness, the court shall be considerate of
8 the emotional and physical well-being of the witness.
9 The pre-trial pretrial detention hearing is not to be
10 used for the purposes of discovery, and the post
11 arraignment rules of discovery do not apply. The State
12 shall tender to the defendant, prior to the hearing,
13 copies of defendant's criminal history, if any, if
14 available, and any written or recorded statements and
15 the substance of any oral statements made by any
16 person, if relied upon by the State. The court may use
17 a regularly validated risk assessment tool. If a risk
18 assessment tool is used, the defendant's counsel shall
19 be provided with the information and scoring system of
20 the risk assessment tool used to arrive at the
21 determination. The defendant retains the right to
22 challenge the validity of a risk assessment tool used
23 by the court and to present evidence relevant to the
24 defendant's challenge. The rules concerning the
25 admissibility of evidence in criminal trials do not
26 apply to the presentation and consideration of

HB3421- 98 -LRB100 05621 SLF 15635 b
1 information at the hearing. At the trial concerning the
2 offense for which the hearing was conducted neither the
3 finding of the court nor any transcript or other record
4 of the hearing shall be admissible in the State's case
5 in chief, but shall be admissible for impeachment, or
6 as provided in Section 115-10.1 of this Code, or in a
7 perjury proceeding.
8 (B) A motion by the defendant to suppress evidence
9 or to suppress a confession shall not be entertained.
10 Evidence that proof may have been obtained as the
11 result of an unlawful search and seizure or through
12 improper interrogation is not relevant to this state of
13 the prosecution.
14 (2) The facts relied upon by the court to support a
15 finding that:
16 (A) the defendant poses a real and present threat
17 to the physical safety of the alleged victim of the
18 offense; and
19 (B) the denial of pre-trial release on bail or
20 personal recognizance is necessary to prevent
21 fulfillment of the threat upon which the charge is
22 based;
23 shall be supported by clear and convincing evidence
24 presented by the State.
25 (d) Factors to be considered in making a determination of
26the threat to the alleged victim of the offense. The court may,

HB3421- 99 -LRB100 05621 SLF 15635 b
1in determining whether the defendant poses, at the time of the
2hearing, a real and present threat to the physical safety of
3the alleged victim of the offense, consider but shall not be
4limited to evidence or testimony concerning:
5 (1) The nature and circumstances of the offense
6 charged;
7 (2) The history and characteristics of the defendant
8 including:
9 (A) Any evidence of the defendant's prior criminal
10 history indicative of violent, abusive or assaultive
11 behavior, or lack of that behavior. The evidence may
12 include testimony or documents received in juvenile
13 proceedings, criminal, quasi-criminal, civil
14 commitment, domestic relations or other proceedings;
15 (B) Any evidence of the defendant's psychological,
16 psychiatric or other similar social history that tends
17 to indicate a violent, abusive, or assaultive nature,
18 or lack of any such history.
19 (3) The nature of the threat which is the basis of the
20 charge against the defendant;
21 (4) Any statements made by, or attributed to the
22 defendant, together with the circumstances surrounding
23 them;
24 (5) The age and physical condition of any person
25 assaulted by the defendant;
26 (6) Whether the defendant is known to possess or have

HB3421- 100 -LRB100 05621 SLF 15635 b
1 access to any weapon or weapons;
2 (7) Whether, at the time of the current offense or any
3 other offense or arrest, the defendant was on probation,
4 parole, aftercare release, mandatory supervised release or
5 other release from custody pending trial, sentencing,
6 appeal or completion of sentence for an offense under
7 federal or state law;
8 (8) Any other factors, including those listed in
9 Section 110-5 of this Code, deemed by the court to have a
10 reasonable bearing upon the defendant's propensity or
11 reputation for violent, abusive or assaultive behavior, or
12 lack of that behavior.
13 (e) The court shall, in any order denying pre-trial release
14bail to a person charged with stalking or aggravated stalking:
15 (1) briefly summarize the evidence of the defendant's
16 culpability and its reasons for concluding that the
17 defendant should be held without pre-trial release bail;
18 (2) direct that the defendant be committed to the
19 custody of the sheriff for confinement in the county jail
20 pending trial;
21 (3) direct that the defendant be given a reasonable
22 opportunity for private consultation with counsel, and for
23 communication with others of his or her choice by
24 visitation, mail and telephone; and
25 (4) direct that the sheriff deliver the defendant as
26 required for appearances in connection with court

HB3421- 101 -LRB100 05621 SLF 15635 b
1 proceedings.
2 (f) If the court enters an order for the detention of the
3defendant under subsection (e) of this Section, the defendant
4shall be brought to trial on the offense for which he or she is
5detained within 90 days after the date on which the order for
6detention was entered. If the defendant is not brought to trial
7within the 90-day period required by this subsection (f), he or
8she shall not be held longer without pre-trial release bail. In
9computing the 90-day period, the court shall omit any period of
10delay resulting from a continuance granted at the request of
11the defendant. The court shall immediately notify the alleged
12victim of the offense that the defendant has been released
13admitted to bail under this subsection.
14 (g) The pre-trial release hearing may be reopened before or
15after a determination by the court under this Section before
16trial begins at the request of the defendant if 2 court days
17notice is given to the State. The defendant Any person shall be
18entitled to appeal any order entered under this Section denying
19pre-trial release bail to the defendant.
20 (h) The State may appeal any order entered under this
21Section denying any motion for denial of bail.
22 (i) Nothing in this Section shall be construed as modifying
23or limiting in any way the defendant's presumption of innocence
24in further criminal proceedings.
25(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2698-558, eff. 1-1-14.)

HB3421- 102 -LRB100 05621 SLF 15635 b
1 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
2 Sec. 110-7. Process Deposit of bail security.
3 (a) The person for whom bail has been set shall execute the
4bail bond and deposit with the clerk of the court before which
5the proceeding is pending a sum of money equal to 10% of the
6bail, but in no event shall such deposit be less than $25. The
7clerk of the court shall provide a space on each form for a
8person other than the accused who has provided the money for
9the posting of bail to so indicate and a space signed by an
10accused who has executed the bail bond indicating whether a
11person other than the accused has provided the money for the
12posting of bail. The form shall also include a written notice
13to such person who has provided the defendant with the money
14for the posting of bail indicating that the bail may be used to
15pay costs, attorney's fees, fines, or other purposes authorized
16by the court and if the defendant fails to comply with the
17conditions of the bail bond, the court shall enter an order
18declaring the bail to be forfeited. The written notice must be:
19(1) distinguishable from the surrounding text; (2) in bold type
20or underscored; and (3) in a type size at least 2 points larger
21than the surrounding type. When a person for whom bail has been
22set is charged with an offense under the Illinois Controlled
23Substances Act or the Methamphetamine Control and Community
24Protection Act which is a Class X felony, or making a terrorist
25threat in violation of Section 29D-20 of the Criminal Code of

HB3421- 103 -LRB100 05621 SLF 15635 b
11961 or the Criminal Code of 2012 or an attempt to commit the
2offense of making a terrorist threat, the court may require the
3defendant to deposit a sum equal to 100% of the bail. Where any
4person is charged with a forcible felony while on pre-trial
5release free on bail and is the subject of proceedings under
6Section 109-3 of this Code the judge conducting the preliminary
7examination may also conduct a hearing upon the application of
8the State under pursuant to the provisions of Section 110-6 of
9this Code to increase or revoke conditions of pre-trial release
10the bail for that person's prior alleged offense.
11 (b) (Blank). Upon depositing this sum and any bond fee
12authorized by law, the person shall be released from custody
13subject to the conditions of the bail bond.
14 (c) Once pre-trial release bail has been given and a charge
15is pending or is thereafter filed in or transferred to a court
16of competent jurisdiction the latter court shall continue the
17original conditions of pre-trial release bail in that court
18subject to the provisions of Section 110-6 of this Code.
19 (d) After conviction the court may order that the original
20conditions of pre-trial release bail stand as bail pending
21appeal or deny, increase, or reduce conditions of pre-trial
22release bail subject to the provisions of Section 110-6.2.
23 (e) After the entry of an order by the trial court allowing
24or denying pre-trial release bail pending appeal either party
25may apply to the reviewing court having jurisdiction or to a
26justice thereof sitting in vacation for an order increasing or

HB3421- 104 -LRB100 05621 SLF 15635 b
1decreasing the the conditions of pre-trial release amount of
2bail or allowing or denying pre-trial release bail pending
3appeal subject to the provisions of Section 110-6.2.
4 (f) (Blank). When the conditions of the bail bond have been
5performed and the accused has been discharged from all
6obligations in the cause the clerk of the court shall return to
7the accused or to the defendant's designee by an assignment
8executed at the time the bail amount is deposited, unless the
9court orders otherwise, 90% of the sum which had been deposited
10and shall retain as bail bond costs 10% of the amount
11deposited. However, in no event shall the amount retained by
12the clerk as bail bond costs be less than $5. Notwithstanding
13the foregoing, in counties with a population of 3,000,000 or
14more, in no event shall the amount retained by the clerk as
15bail bond costs exceed $100. Bail bond deposited by or on
16behalf of a defendant in one case may be used, in the court's
17discretion, to satisfy financial obligations of that same
18defendant incurred in a different case due to a fine, court
19costs, restitution or fees of the defendant's attorney of
20record. In counties with a population of 3,000,000 or more, the
21court shall not order bail bond deposited by or on behalf of a
22defendant in one case to be used to satisfy financial
23obligations of that same defendant in a different case until
24the bail bond is first used to satisfy court costs and
25attorney's fees in the case in which the bail bond has been
26deposited and any other unpaid child support obligations are

HB3421- 105 -LRB100 05621 SLF 15635 b
1satisfied. In counties with a population of less than
23,000,000, the court shall not order bail bond deposited by or
3on behalf of a defendant in one case to be used to satisfy
4financial obligations of that same defendant in a different
5case until the bail bond is first used to satisfy court costs
6in the case in which the bail bond has been deposited.
7 At the request of the defendant the court may order such
890% of defendant's bail deposit, or whatever amount is
9repayable to defendant from such deposit, to be paid to
10defendant's attorney of record.
11 (g) (Blank). If the accused does not comply with the
12conditions of the bail bond the court having jurisdiction shall
13enter an order declaring the bail to be forfeited. Notice of
14such order of forfeiture shall be mailed forthwith to the
15accused at his last known address. If the accused does not
16appear and surrender to the court having jurisdiction within 30
17days from the date of the forfeiture or within such period
18satisfy the court that appearance and surrender by the accused
19is impossible and without his fault the court shall enter
20judgment for the State if the charge for which the bond was
21given was a felony or misdemeanor, or if the charge was
22quasi-criminal or traffic, judgment for the political
23subdivision of the State which prosecuted the case, against the
24accused for the amount of the bail and costs of the court
25proceedings; however, in counties with a population of less
26than 3,000,000, instead of the court entering a judgment for

HB3421- 106 -LRB100 05621 SLF 15635 b
1the full amount of the bond the court may, in its discretion,
2enter judgment for the cash deposit on the bond, less costs,
3retain the deposit for further disposition or, if a cash bond
4was posted for failure to appear in a matter involving
5enforcement of child support or maintenance, the amount of the
6cash deposit on the bond, less outstanding costs, may be
7awarded to the person or entity to whom the child support or
8maintenance is due. The deposit made in accordance with
9paragraph (a) shall be applied to the payment of costs. If
10judgment is entered and any amount of such deposit remains
11after the payment of costs it shall be applied to payment of
12the judgment and transferred to the treasury of the municipal
13corporation wherein the bond was taken if the offense was a
14violation of any penal ordinance of a political subdivision of
15this State, or to the treasury of the county wherein the bond
16was taken if the offense was a violation of any penal statute
17of this State. The balance of the judgment may be enforced and
18collected in the same manner as a judgment entered in a civil
19action.
20 (h) (Blank). After a judgment for a fine and court costs or
21either is entered in the prosecution of a cause in which a
22deposit had been made in accordance with paragraph (a) the
23balance of such deposit, after deduction of bail bond costs,
24shall be applied to the payment of the judgment.
25 (i) When a court appearance is required for an alleged
26violation of the Criminal Code of 1961, the Criminal Code of

HB3421- 107 -LRB100 05621 SLF 15635 b
12012, the Illinois Vehicle Code, the Wildlife Code, the Fish
2and Aquatic Life Code, the Child Passenger Protection Act, or a
3comparable offense of a unit of local government as specified
4in Supreme Court Rule 551, and if the accused does not appear
5in court on the date set for appearance or any date to which
6the case may be continued and the court issues an arrest
7warrant for the accused, based upon his or her failure to
8appear when having so previously been ordered to appear by the
9court, the accused upon his or her admission to bail shall be
10assessed by the court a fee of $75. Payment of the fee shall be
11a condition of release unless otherwise ordered by the court.
12The fee shall be in addition to any bail that the accused is
13required to deposit for the offense for which the accused has
14been charged and may not be used for the payment of court costs
15or fines assessed for the offense. The clerk of the court shall
16remit $70 of the fee assessed to the arresting agency who
17brings the offender in on the arrest warrant. If the Department
18of State Police is the arresting agency, $70 of the fee
19assessed shall be remitted by the clerk of the court to the
20State Treasurer within one month after receipt for deposit into
21the State Police Operations Assistance Fund. The clerk of the
22court shall remit $5 of the fee assessed to the Circuit Court
23Clerk Operation and Administrative Fund as provided in Section
2427.3d of the Clerks of Courts Act.
25(Source: P.A. 99-412, eff. 1-1-16.)

HB3421- 108 -LRB100 05621 SLF 15635 b
1 (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
2 Sec. 110-9. Pre-trial release Taking of bail by peace
3officer. A peace officer shall When bail has been set by a
4judicial officer for a particular offense or offender any
5sheriff or other peace officer may take bail in accordance with
6the provisions of Section 110-7 or 110-8 of this Code and
7release the offender to appear in accordance with the
8conditions of pre-trial release the bail bond, the Notice to
9Appear, or the Summons. The officer shall give a receipt to the
10offender for the bail so taken and within a reasonable time
11deposit such bail with the clerk of the court having
12jurisdiction of the offense. A sheriff or other peace officer
13taking bail in accordance with the provisions of Section 110-7
14or 110-8 of this Code shall accept payments made in the form of
15currency, and may accept other forms of payment as the sheriff
16shall by rule authorize. For purposes of this Section,
17"currency" has the meaning provided in subsection (a) of
18Section 3 of the Currency Reporting Act.
19(Source: P.A. 99-618, eff. 1-1-17.)
20 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
21 Sec. 110-10. Conditions of pre-trial release bail bond.
22 (a) If a person is released prior to conviction, either
23upon setting of conditions of pre-trial release payment of bail
24security or on his or her own recognizance, the conditions of
25the pre-trial release bail bond shall be that he or she shall

HB3421- 109 -LRB100 05621 SLF 15635 b
1will:
2 (1) Appear to answer the charge in the court having
3 jurisdiction on a day certain and thereafter as ordered by
4 the court until discharged or final order of the court;
5 (2) Submit himself or herself to the orders and process
6 of the court;
7 (3) Not depart this State without leave of the court;
8 (4) Not violate any criminal statute of any
9 jurisdiction;
10 (5) At a time and place designated by the court,
11 surrender all firearms in his or her possession to a law
12 enforcement officer designated by the court to take custody
13 of and impound the firearms and physically surrender his or
14 her Firearm Owner's Identification Card to the clerk of the
15 circuit court when the offense the person has been charged
16 with is a forcible felony, stalking, aggravated stalking,
17 domestic battery, any violation of the Illinois Controlled
18 Substances Act, the Methamphetamine Control and Community
19 Protection Act, or the Cannabis Control Act that is
20 classified as a Class 2 or greater felony, or any felony
21 violation of Article 24 of the Criminal Code of 1961 or the
22 Criminal Code of 2012; the court may, however, forgo the
23 imposition of this condition when the circumstances of the
24 case clearly do not warrant it or when its imposition would
25 be impractical; if the Firearm Owner's Identification Card
26 is confiscated, the clerk of the circuit court shall mail

HB3421- 110 -LRB100 05621 SLF 15635 b
1 the confiscated card to the Department of Illinois State
2 Police; all legally possessed firearms shall be returned to
3 the person upon the charges being dismissed, or if the
4 person is found not guilty, unless the finding of not
5 guilty is by reason of insanity; and
6 (6) At a time and place designated by the court, submit
7 to a psychological evaluation when the person has been
8 charged with a violation of item (4) of subsection (a) of
9 Section 24-1 of the Criminal Code of 1961 or the Criminal
10 Code of 2012 and that violation occurred in a school or in
11 any conveyance owned, leased, or contracted by a school to
12 transport students to or from school or a school-related
13 activity, or on any public way within 1,000 feet of real
14 property comprising any school.
15 Psychological evaluations ordered under pursuant to this
16Section shall be completed promptly and made available to the
17State, the defendant, and the court. As a further condition of
18pre-trial release bail under these circumstances, the court
19shall order the defendant to refrain from entering upon the
20property of the school, including any conveyance owned, leased,
21or contracted by a school to transport students to or from
22school or a school-related activity, or on any public way
23within 1,000 feet of real property comprising any school. Upon
24receipt of the psychological evaluation, either the State or
25the defendant may request a change in the conditions of
26pre-trial release bail, under pursuant to Section 110-6 of this

HB3421- 111 -LRB100 05621 SLF 15635 b
1Code. The court may change the conditions of pre-trial release
2bail to include a requirement that the defendant follow the
3recommendations of the psychological evaluation, including
4undergoing psychiatric treatment. The conclusions of the
5psychological evaluation and any statements elicited from the
6defendant during its administration are not admissible as
7evidence of guilt during the course of any trial on the charged
8offense, unless the defendant places his or her mental
9competency in issue.
10 (b) The court may impose other conditions, such as the
11following, if the court finds that those such conditions are
12reasonably necessary to assure the defendant's appearance in
13court, protect the public from the defendant, or prevent the
14defendant's unlawful interference with the orderly
15administration of justice:
16 (1) Report to or appear in person before a such person
17 or agency as the court may direct;
18 (2) Refrain from possessing a firearm or other
19 dangerous weapon;
20 (3) Refrain from approaching or communicating with
21 particular persons or classes of persons;
22 (4) Refrain from going to certain described
23 geographical areas or premises;
24 (5) Refrain from engaging in certain activities or
25 indulging in intoxicating liquors or in certain drugs;
26 (6) Undergo treatment for drug addiction or

HB3421- 112 -LRB100 05621 SLF 15635 b
1 alcoholism;
2 (7) Undergo medical or psychiatric treatment;
3 (8) Work or pursue a course of study or vocational
4 training;
5 (9) Attend or reside in a facility designated by the
6 court;
7 (10) Support his or her dependents;
8 (11) If a minor resides with his or her parents or in a
9 foster home, attend school, attend a non-residential
10 program for youths, and contribute to his or her own
11 support at home or in a foster home;
12 (12) Observe any curfew ordered by the court;
13 (13) Remain in the custody of a such designated person
14 or organization agreeing to supervise his or her release.
15 The Such third party custodian shall be responsible for
16 notifying the court if the defendant fails to observe the
17 conditions of release which the custodian has agreed to
18 monitor, and shall be subject to contempt of court for
19 failure so to notify the court;
20 (14) Be placed under direct supervision of the Pretrial
21 Services Agency, Probation Department or Court Services
22 Department in a pretrial bond home supervision capacity
23 with or without the use of an approved electronic
24 monitoring device subject to Article 8A of Chapter V of the
25 Unified Code of Corrections;
26 (14.1) The court shall impose upon a defendant who is

HB3421- 113 -LRB100 05621 SLF 15635 b
1 charged with any alcohol, cannabis, methamphetamine, or
2 controlled substance violation and is placed under direct
3 supervision of the Pretrial Services Agency, Probation
4 Department or Court Services Department in a pretrial bond
5 home supervision capacity with the use of an approved
6 monitoring device, as a condition of pre-trial release such
7 bail bond, a fee that represents costs incidental to the
8 electronic monitoring for each day of such bail supervision
9 ordered by the court, unless after determining the
10 inability of the defendant to pay the fee, the court
11 assesses a lesser fee or no fee as the case may be. The fee
12 shall be collected by the clerk of the circuit court,
13 except as provided in an administrative order of the Chief
14 Judge of the circuit court. The clerk of the circuit court
15 shall pay all monies collected from this fee to the county
16 treasurer for deposit in the substance abuse services fund
17 under Section 5-1086.1 of the Counties Code, except as
18 provided in an administrative order of the Chief Judge of
19 the circuit court.
20 The Chief Judge of the circuit court of the county may
21 by administrative order establish a program for electronic
22 monitoring of offenders with regard to drug-related and
23 alcohol-related offenses, in which a vendor supplies and
24 monitors the operation of the electronic monitoring
25 device, and collects the fees on behalf of the county. The
26 program shall include provisions for indigent offenders

HB3421- 114 -LRB100 05621 SLF 15635 b
1 and the collection of unpaid fees. The program shall not
2 unduly burden the offender and shall be subject to review
3 by the Chief Judge.
4 The Chief Judge of the circuit court may suspend any
5 additional charges or fees for late payment, interest, or
6 damage to any device;
7 (14.2) The court shall impose upon all defendants,
8 including those defendants subject to paragraph (14.1)
9 above, placed under direct supervision of the Pretrial
10 Services Agency, Probation Department or Court Services
11 Department in a pretrial bond home supervision capacity
12 with the use of an approved monitoring device, as a
13 condition of pre-trial release such bail bond, a fee which
14 shall represent costs incidental to the such electronic
15 monitoring for each day of such bail supervision ordered by
16 the court, unless after determining the inability of the
17 defendant to pay the fee, the court assesses a lesser fee
18 or no fee as the case may be. The fee shall be collected by
19 the clerk of the circuit court, except as provided in an
20 administrative order of the Chief Judge of the circuit
21 court. The clerk of the circuit court shall pay all monies
22 collected from this fee to the county treasurer who shall
23 use the monies collected to defray the costs of
24 corrections. The county treasurer shall deposit the fee
25 collected in the county working cash fund under Section
26 6-27001 or Section 6-29002 of the Counties Code, as the

HB3421- 115 -LRB100 05621 SLF 15635 b
1 case may be, except as provided in an administrative order
2 of the Chief Judge of the circuit court.
3 The Chief Judge of the circuit court of the county may
4 by administrative order establish a program for electronic
5 monitoring of offenders with regard to drug-related and
6 alcohol-related offenses, in which a vendor supplies and
7 monitors the operation of the electronic monitoring
8 device, and collects the fees on behalf of the county. The
9 program shall include provisions for indigent offenders
10 and the collection of unpaid fees. The program shall not
11 unduly burden the offender and shall be subject to review
12 by the Chief Judge.
13 The Chief Judge of the circuit court may suspend any
14 additional charges or fees for late payment, interest, or
15 damage to any device;
16 (14.3) The Chief Judge of the Judicial Circuit may
17 establish reasonable fees to be paid by a person receiving
18 pretrial services while under supervision of a pretrial
19 services agency, probation department, or court services
20 department. Reasonable fees may be charged for pretrial
21 services including, but not limited to, pretrial
22 supervision, diversion programs, electronic monitoring,
23 victim impact services, drug and alcohol testing, DNA
24 testing, GPS electronic monitoring, assessments and
25 evaluations related to domestic violence and other
26 victims, and victim mediation services. The person

HB3421- 116 -LRB100 05621 SLF 15635 b
1 receiving pretrial services may be ordered to pay all costs
2 incidental to pretrial services in accordance with his or
3 her ability to pay those costs;
4 (14.4) For persons charged with violating Section
5 11-501 of the Illinois Vehicle Code, refrain from operating
6 a motor vehicle not equipped with an ignition interlock
7 device, as defined in Section 1-129.1 of the Illinois
8 Vehicle Code, under pursuant to the rules promulgated by
9 the Secretary of State for the installation of ignition
10 interlock devices. Under this condition the court may allow
11 a defendant who is not self-employed to operate a vehicle
12 owned by the defendant's employer that is not equipped with
13 an ignition interlock device in the course and scope of the
14 defendant's employment;
15 (15) Comply with the terms and conditions of an order
16 of protection issued by the court under the Illinois
17 Domestic Violence Act of 1986 or an order of protection
18 issued by the court of another state, tribe, or United
19 States territory;
20 (16) Under Section 110-6.5 comply with the conditions
21 of the drug testing program; and
22 (17) Other Such other reasonable conditions as the
23 court may impose.
24 (c) When a person is charged with an offense under Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

HB3421- 117 -LRB100 05621 SLF 15635 b
1Criminal Code of 2012, involving a victim who is a minor under
218 years of age living in the same household with the defendant
3at the time of the offense, in setting conditions of pre-trial
4release or granting bail or releasing the defendant on his own
5recognizance, the judge shall impose conditions to restrict the
6defendant's access to the victim which may include, but are not
7limited to conditions that he or she will:
8 (1) 1. Vacate the household.
9 (2) 2. Make payment of temporary support to his or her
10 dependents.
11 (3) 3. Refrain from contact or communication with the
12 child victim, except as ordered by the court.
13 (d) When a person is charged with a criminal offense and
14the victim is a family or household member as defined in
15Article 112A, conditions shall be imposed at the time of the
16defendant's release on bond that restrict the defendant's
17access to the victim. Unless provided otherwise by the court,
18the restrictions shall include requirements that the defendant
19do the following:
20 (1) refrain from contact or communication with the
21 victim for a minimum period of 72 hours following the
22 defendant's release; and
23 (2) refrain from entering or remaining at the victim's
24 residence for a minimum period of 72 hours following the
25 defendant's release.
26 (e) Local law enforcement agencies shall develop

HB3421- 118 -LRB100 05621 SLF 15635 b
1standardized pre-trial release bond forms for use in cases
2involving family or household members as defined in Article
3112A, including specific conditions of pre-trial release bond
4as provided in subsection (d). Failure of any law enforcement
5department to develop or use those forms shall in no way limit
6the applicability and enforcement of subsections (d) and (f).
7 (f) If the defendant is released admitted to bail after
8conviction the conditions of release the bail bond shall be
9that he or she will, in addition to the conditions set forth in
10subsections (a) and (b) hereof:
11 (1) Duly prosecute his or her appeal;
12 (2) Appear at the such time and place as the court may
13 direct;
14 (3) Not depart this State without leave of the court;
15 (4) Comply with such other reasonable conditions as the
16 court may impose; and
17 (5) If the judgment is affirmed or the cause reversed
18 and remanded for a new trial, forthwith surrender to the
19 officer from whose custody he or she was released bailed.
20 (g) Upon a finding of guilty for any felony offense, the
21defendant shall physically surrender, at a time and place
22designated by the court, any and all firearms in his or her
23possession and his or her Firearm Owner's Identification Card
24as a condition of release remaining on bond pending sentencing.
25(Source: P.A. 99-797, eff. 8-12-16.)

HB3421- 119 -LRB100 05621 SLF 15635 b
1 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
2 Sec. 110-11. Conditions of release Bail on a new trial. If
3the judgment of conviction is reversed and the cause remanded
4for a new trial the trial court may order that the conditions
5of pre-trial release bail stand pending the such trial, or
6modify the conditions imposed reduce or increase bail.
7(Source: Laws 1963, p. 2836.)
8 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
9 Sec. 110-12. Notice of change of address.
10 A defendant who has been released admitted to bail shall
11file a written notice with the clerk of the court before which
12the proceeding is pending of any change in his or her address
13within 24 hours after the such change, except that a defendant
14who has been released and the offense is admitted to bail for a
15forcible felony as defined in Section 2-8 of the Criminal Code
16of 2012 shall file a written notice with the clerk of the court
17before which the proceeding is pending and the clerk shall
18immediately deliver a time stamped copy of the written notice
19to the State's Attorney charged with the prosecution within 24
20hours prior to such change. The address of a defendant who has
21been released admitted to bail shall at all times remain a
22matter of public record with the clerk of the court.
23(Source: P.A. 97-1150, eff. 1-25-13.)
24 (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)

HB3421- 120 -LRB100 05621 SLF 15635 b
1 Sec. 110-16. Pre-trial release Bail bond-forfeiture in
2same case or absents self during trial-not eligible for release
3bailable.
4 If a person admitted to pre-trial release bail on a felony
5charge forfeits his or her pre-trial release bond and fails to
6appear in court during the 30 days immediately after the such
7forfeiture, on being taken into custody thereafter he or she
8shall not be eligible for release bailable in the case in
9question, unless the court finds that his or her absence was
10not for the purpose of obstructing justice or avoiding
11prosecution.
12(Source: P.A. 77-1447.)
13 (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
14 Sec. 110-18. Reimbursement. The sheriff of each county
15shall certify to the treasurer of each county the number of
16days that persons had been detained in the custody of the
17sheriff without pre-trial release a bond being set as a result
18of an order entered under pursuant to Section 110-6.1 of this
19Code. The county treasurer shall, no later than January 1,
20annually certify to the Supreme Court the number of days that
21persons had been detained without pre-trial release bond during
22the twelve-month period ending November 30. The Supreme Court
23shall reimburse, from funds appropriated to it by the General
24Assembly for such purposes, the treasurer of each county an
25amount of money for deposit in the county general revenue fund

HB3421- 121 -LRB100 05621 SLF 15635 b
1at a rate of $50 per day for each day that persons were
2detained in custody without pre-trial release bail as a result
3of an order entered under pursuant to Section 110-6.1 of this
4Code.
5(Source: P.A. 85-892.)
6 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
7 Sec. 112A-23. Enforcement of orders of protection.
8 (a) When violation is crime. A violation of any order of
9protection, whether issued in a civil, quasi-criminal
10proceeding, shall be enforced by a criminal court when:
11 (1) The respondent commits the crime of violation of an
12 order of protection under pursuant to Section 12-3.4 or
13 12-30 of the Criminal Code of 1961 or the Criminal Code of
14 2012, by having knowingly violated:
15 (i) remedies described in paragraphs (1), (2),
16 (3), (14), or (14.5) of subsection (b) of Section
17 112A-14,
18 (ii) a remedy, which is substantially similar to
19 the remedies authorized under paragraphs (1), (2),
20 (3), (14) or (14.5) of subsection (b) of Section 214 of
21 the Illinois Domestic Violence Act of 1986, in a valid
22 order of protection, which is authorized under the laws
23 of another state, tribe or United States territory,
24 (iii) or any other remedy when the act constitutes
25 a crime against the protected parties as defined by the

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1 Criminal Code of 1961 or the Criminal Code of 2012.
2 Prosecution for a violation of an order of protection
3 shall not bar concurrent prosecution for any other crime,
4 including any crime that may have been committed at the
5 time of the violation of the order of protection; or
6 (2) The respondent commits the crime of child abduction
7 under pursuant to Section 10-5 of the Criminal Code of 1961
8 or the Criminal Code of 2012, by having knowingly violated:
9 (i) remedies described in paragraphs (5), (6) or
10 (8) of subsection (b) of Section 112A-14, or
11 (ii) a remedy, which is substantially similar to
12 the remedies authorized under paragraphs (1), (5),
13 (6), or (8) of subsection (b) of Section 214 of the
14 Illinois Domestic Violence Act of 1986, in a valid
15 order of protection, which is authorized under the laws
16 of another state, tribe or United States territory.
17 (b) When violation is contempt of court. A violation of any
18valid order of protection, whether issued in a civil or
19criminal proceeding, may be enforced through civil or criminal
20contempt procedures, as appropriate, by any court with
21jurisdiction, regardless where the act or acts which violated
22the order of protection were committed, to the extent
23consistent with the venue provisions of this Article. Nothing
24in this Article shall preclude any Illinois court from
25enforcing any valid order of protection issued in another
26state. The courts of this State Illinois courts may enforce

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1orders of protection through both criminal prosecution and
2contempt proceedings, unless the action which is second in time
3is barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5 (1) In a contempt proceeding where the petition for a
6 rule to show cause sets forth facts evidencing an immediate
7 danger that the respondent will flee the jurisdiction,
8 conceal a child, or inflict physical abuse on the
9 petitioner or minor children or on dependent adults in
10 petitioner's care, the court may order the attachment of
11 the respondent without prior service of the rule to show
12 cause or the petition for a rule to show cause. Pre-trial
13 release Bond shall be set unless specifically denied in
14 writing.
15 (2) A petition for a rule to show cause for violation
16 of an order of protection shall be treated as an expedited
17 proceeding.
18 (c) Violation of custody, allocation of parental
19responsibility, or support orders. A violation of remedies
20described in paragraphs (5), (6), (8), or (9) of subsection (b)
21of Section 112A-14 may be enforced by any remedy provided by
22Section 607.5 of the Illinois Marriage and Dissolution of
23Marriage Act. The court may enforce any order for support
24issued under paragraph (12) of subsection (b) of Section
25112A-14 in the manner provided for under Parts V and VII of the
26Illinois Marriage and Dissolution of Marriage Act.

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1 (d) Actual knowledge. An order of protection may be
2enforced under pursuant to this Section if the respondent
3violates the order after respondent has actual knowledge of its
4contents as shown through one of the following means:
5 (1) By service, delivery, or notice under Section
6 112A-10.
7 (2) By notice under Section 112A-11.
8 (3) By service of an order of protection under Section
9 112A-22.
10 (4) By other means demonstrating actual knowledge of
11 the contents of the order.
12 (e) The enforcement of an order of protection in civil or
13criminal court shall not be affected by either of the
14following:
15 (1) The existence of a separate, correlative order
16 entered under Section 112A-15.
17 (2) Any finding or order entered in a conjoined
18 criminal proceeding.
19 (f) Circumstances. The court, when determining whether or
20not a violation of an order of protection has occurred, shall
21not require physical manifestations of abuse on the person of
22the victim.
23 (g) Penalties.
24 (1) Except as provided in paragraph (3) of this
25 subsection, where the court finds the commission of a crime
26 or contempt of court under subsections (a) or (b) of this

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1 Section, the penalty shall be the penalty that generally
2 applies in such criminal or contempt proceedings, and may
3 include one or more of the following: incarceration,
4 payment of restitution, a fine, payment of attorneys' fees
5 and costs, or community service.
6 (2) The court shall hear and take into account evidence
7 of any factors in aggravation or mitigation before deciding
8 an appropriate penalty under paragraph (1) of this
9 subsection.
10 (3) To the extent permitted by law, the court is
11 encouraged to:
12 (i) increase the penalty for the knowing violation
13 of any order of protection over any penalty previously
14 imposed by any court for respondent's violation of any
15 order of protection or penal statute involving
16 petitioner as victim and respondent as defendant;
17 (ii) impose a minimum penalty of 24 hours
18 imprisonment for respondent's first violation of any
19 order of protection; and
20 (iii) impose a minimum penalty of 48 hours
21 imprisonment for respondent's second or subsequent
22 violation of an order of protection
23 unless the court explicitly finds that an increased penalty
24 or that period of imprisonment would be manifestly unjust.
25 (4) In addition to any other penalties imposed for a
26 violation of an order of protection, a criminal court may

HB3421- 126 -LRB100 05621 SLF 15635 b
1 consider evidence of any violations of an order of
2 protection:
3 (i) to increase, revoke, or modify the conditions
4 of pre-trial release bail bond on an underlying
5 criminal charge under pursuant to Section 110-6;
6 (ii) to revoke or modify an order of probation,
7 conditional discharge or supervision, under pursuant
8 to Section 5-6-4 of the Unified Code of Corrections;
9 (iii) to revoke or modify a sentence of periodic
10 imprisonment, under pursuant to Section 5-7-2 of the
11 Unified Code of Corrections.
12(Source: P.A. 99-90, eff. 1-1-16.)
13 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
14 Sec. 115-4.1. Absence of defendant.
15 (a) When a defendant after arrest and an initial court
16appearance for a non-capital felony or a misdemeanor, fails to
17appear for trial, at the request of the State and after the
18State has affirmatively proven through substantial evidence
19that the defendant is willfully avoiding trial, the court may
20commence trial in the absence of the defendant. Absence of a
21defendant as specified in this Section shall not be a bar to
22indictment of a defendant, return of information against a
23defendant, or arraignment of a defendant for the charge for
24which pre-trial release bail has been granted. If a defendant
25fails to appear at arraignment, the court may enter a plea of

HB3421- 127 -LRB100 05621 SLF 15635 b
1"not guilty" on his or her behalf. If a defendant absents
2himself or herself before trial on a capital felony, trial may
3proceed as specified in this Section provided that the State
4certifies that it will not seek a death sentence following
5conviction. Trial in the defendant's absence shall be by jury
6unless the defendant had previously waived trial by jury. The
7absent defendant must be represented by retained or appointed
8counsel. The court, at the conclusion of all of the
9proceedings, may order the clerk of the circuit court to pay
10counsel such sum as the court deems reasonable, from any bond
11monies which were posted by the defendant with the clerk, after
12the clerk has first deducted all court costs. If trial had
13previously commenced in the presence of the defendant and the
14defendant willfully absents himself for two successive court
15days, the court shall proceed to trial. All procedural rights
16guaranteed by the United States Constitution, Constitution of
17the State of Illinois, statutes of this the State of Illinois,
18and rules of court shall apply to the proceedings the same as
19if the defendant were present in court and had not either
20forfeited his bail bond or escaped from custody. The court may
21set the case for a trial which may be conducted under this
22Section despite the failure of the defendant to appear at the
23hearing at which the trial date is set. When such trial date is
24set the clerk shall send to the defendant, by certified mail at
25his or her last known address indicated on his bond slip,
26notice of the new date which has been set for trial. The Such

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1notification shall be required when the defendant was not
2personally present in open court at the time when the case was
3set for trial.
4 (b) The absence of a defendant from a trial conducted under
5pursuant to this Section does not operate as a bar to
6concluding the trial, to a judgment of conviction resulting
7therefrom, or to a final disposition of the trial in favor of
8the defendant.
9 (c) Upon a verdict of not guilty, the court shall enter
10judgment for the defendant. Upon a verdict of guilty, the court
11shall set a date for the hearing of post-trial motions and
12shall hear such motion in the absence of the defendant. If
13post-trial motions are denied, the court shall proceed to
14conduct a sentencing hearing and to impose a sentence upon the
15defendant.
16 (d) A defendant who is absent for part of the proceedings
17of trial, post-trial motions, or sentencing, does not thereby
18forfeit his or her right to be present at all remaining
19proceedings.
20 (e) When a defendant who in his or her absence has been
21either convicted or sentenced or both convicted and sentenced
22appears before the court, he or she must be granted a new trial
23or new sentencing hearing if the defendant can establish that
24his or her failure to appear in court was both without his or
25her fault and due to circumstances beyond his or her control. A
26hearing with notice to the State's Attorney on the defendant's

HB3421- 129 -LRB100 05621 SLF 15635 b
1request for a new trial or a new sentencing hearing must be
2held before any such request may be granted. At any such
3hearing both the defendant and the State may present evidence.
4 (f) If the court grants only the defendant's request for a
5new sentencing hearing, then a new sentencing hearing shall be
6held under in accordance with the provisions of the Unified
7Code of Corrections. At any such hearing, both the defendant
8and the State may offer evidence of the defendant's conduct
9during his or her period of absence from the court. The court
10may impose any sentence authorized by the Unified Code of
11Corrections and is not in any way limited or restricted by any
12sentence previously imposed.
13 (g) A defendant whose motion under paragraph (e) for a new
14trial or new sentencing hearing has been denied may file a
15notice of appeal therefrom. The Such notice may also include a
16request for review of the judgment and sentence not vacated by
17the trial court.
18(Source: P.A. 90-787, eff. 8-14-98.)
19 (725 ILCS 5/102-7 rep.)
20 (725 ILCS 5/110-6.5 rep.)
21 (725 ILCS 5/110-8 rep.)
22 (725 ILCS 5/110-13 rep.)
23 (725 ILCS 5/110-14 rep.)
24 (725 ILCS 5/110-15 rep.)
25 (725 ILCS 5/110-17 rep.)

HB3421- 130 -LRB100 05621 SLF 15635 b
1 Section 20. The Code of Criminal Procedure of 1963 is
2amended by repealing Sections 102-7, 110-6.5, 110-8, 110-13,
3110-14, 110-15, and 110-17.
4 Section 25. The Pretrial Services Act is amended by
5changing Sections 7, 20, 22, and 34 as follows:
6 (725 ILCS 185/7) (from Ch. 38, par. 307)
7 Sec. 7. Duties of pretrial service agencies. Pretrial
8services agencies shall perform the following duties for the
9circuit court:
10 (a) Interview and assemble verified information and data
11concerning the community ties, employment, residency, criminal
12record, and social background of arrested persons who are to
13be, or have been, presented in court for first appearance on
14felony charges, to assist the court in determining the
15appropriate terms and conditions of pretrial release;
16 (b) Submit written reports of those investigations to the
17court along with such findings and recommendations, if any, as
18may be necessary to assess:
19 (1) the need for financial security to assure the
20defendant's appearance at later proceedings; and
21 (2) appropriate conditions which shall be imposed to
22protect against the risks of nonappearance and commission of
23new offenses or other interference with the orderly
24administration of justice before trial;

HB3421- 131 -LRB100 05621 SLF 15635 b
1 (c) Supervise compliance with pretrial release conditions,
2and promptly report violations of those conditions to the court
3and prosecutor to assure effective enforcement;
4 (c-5) Provide reminders to defendants of upcoming court
5dates via phone or messaging and offer transportation
6assistance for indigent defendants;
7 (d) Cooperate with the court and all other criminal justice
8agencies in the development of programs to minimize unnecessary
9pretrial detention and protect the public against breaches of
10pretrial release conditions; and
11 (e) Monitor the local operations of the pretrial release
12system and maintain accurate and comprehensive records of
13program activities.
14(Source: P.A. 84-1449.)
15 (725 ILCS 185/20) (from Ch. 38, par. 320)
16 Sec. 20. Recommendations and evaluation. In preparing and
17presenting its written reports under Sections 17 and 19,
18pretrial services agencies shall in appropriate cases include
19specific recommendations for the setting, increasing or
20modifying the conditions of pre-trial release increase, or
21decrease of bail; the release of the interviewee on his or her
22own recognizance in sums certain; and the imposition of
23pretrial conditions for pre-trial release to bail or
24recognizance designed to minimize the risks of nonappearance,
25the commission of new offenses while awaiting trial, and other

HB3421- 132 -LRB100 05621 SLF 15635 b
1potential interference with the orderly administration of
2justice. In establishing objective internal criteria of any
3such recommendation policies, the agency may utilize so-called
4"point scales" for evaluating the aforementioned risks, but no
5interviewee shall be considered as ineligible for particular
6agency recommendations by sole reference to such procedures.
7(Source: P.A. 91-357, eff. 7-29-99.)
8 (725 ILCS 185/22) (from Ch. 38, par. 322)
9 Sec. 22. Uniform pre-trial release order. If so ordered by
10the court, the pretrial services agency shall prepare and
11submit for the court's approval and signature a uniform release
12order on the uniform form established by the Supreme Court in
13all cases where an interviewee may be released from custody
14under conditions contained in an agency report. The Such
15conditions shall become part of the conditions of the pre-trial
16release order bail bond. A copy of the uniform release order
17shall be provided to the defendant and defendant's attorney of
18record, and the prosecutor.
19(Source: P.A. 84-1449.)
20 (725 ILCS 185/34)
21 Sec. 34. Probation and court services departments
22considered pretrial services agencies. For the purposes of
23administering the provisions of Public Act 95-773, known as the
24Cindy Bischof Law, all probation and court services departments

HB3421- 133 -LRB100 05621 SLF 15635 b
1are to be considered pretrial services agencies under this Act
2and under the conditions of pre-trial release bail bond
3provisions of the Code of Criminal Procedure of 1963.
4(Source: P.A. 96-341, eff. 8-11-09.)
5 Section 30. The Unified Code of Corrections is amended by
6changing Sections 5-6-4 as follows:
7 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
8 Sec. 5-6-4. Violation, Modification or Revocation of
9Probation, of Conditional Discharge or Supervision or of a
10sentence of county impact incarceration - Hearing.
11 (a) Except in cases where conditional discharge or
12supervision was imposed for a petty offense as defined in
13Section 5-1-17, when a petition is filed charging a violation
14of a condition, the court may:
15 (1) in the case of probation violations, order the
16 issuance of a notice to the offender to be present by the
17 County Probation Department or such other agency
18 designated by the court to handle probation matters; and in
19 the case of conditional discharge or supervision
20 violations, such notice to the offender shall be issued by
21 the Circuit Court Clerk; and in the case of a violation of
22 a sentence of county impact incarceration, such notice
23 shall be issued by the Sheriff;
24 (2) order a summons to the offender to be present for

HB3421- 134 -LRB100 05621 SLF 15635 b
1 hearing; or
2 (3) order a warrant for the offender's arrest where
3 there is danger of his fleeing the jurisdiction or causing
4 serious harm to others or when the offender fails to answer
5 a summons or notice from the clerk of the court or Sheriff.
6 Personal service of the petition for violation of probation
7or the issuance of such warrant, summons or notice shall toll
8the period of probation, conditional discharge, supervision,
9or sentence of county impact incarceration until the final
10determination of the charge, and the term of probation,
11conditional discharge, supervision, or sentence of county
12impact incarceration shall not run until the hearing and
13disposition of the petition for violation.
14 (b) The court shall conduct a hearing of the alleged
15violation. The court shall release the defendant admit the
16offender to bail pending the hearing unless the alleged
17violation is itself a criminal offense in which case the
18offender shall be released admitted to bail on such terms as
19are provided in the Code of Criminal Procedure of 1963, as
20amended. In any case where an offender remains incarcerated
21only as a result of his or her alleged violation of the court's
22earlier order of probation, supervision, conditional
23discharge, or county impact incarceration the such hearing
24shall be held within 14 days of the onset of said
25incarceration, unless the alleged violation is the commission
26of another offense by the offender during the period of

HB3421- 135 -LRB100 05621 SLF 15635 b
1probation, supervision or conditional discharge in which case
2such hearing shall be held within the time limits described in
3Section 103-5 of the Code of Criminal Procedure of 1963, as
4amended.
5 (c) The State has the burden of going forward with the
6evidence and proving the violation by the preponderance of the
7evidence. The evidence shall be presented in open court with
8the right of confrontation, cross-examination, and
9representation by counsel.
10 (d) Probation, conditional discharge, periodic
11imprisonment and supervision shall not be revoked for failure
12to comply with conditions of a sentence or supervision, which
13imposes financial obligations upon the offender unless such
14failure is due to his willful refusal to pay.
15 (e) If the court finds that the offender has violated a
16condition at any time prior to the expiration or termination of
17the period, it may continue him on the existing sentence, with
18or without modifying or enlarging the conditions, or may impose
19any other sentence that was available under Article 4.5 of
20Chapter V of this Code or Section 11-501 of the Illinois
21Vehicle Code at the time of initial sentencing. If the court
22finds that the person has failed to successfully complete his
23or her sentence to a county impact incarceration program, the
24court may impose any other sentence that was available under
25Article 4.5 of Chapter V of this Code or Section 11-501 of the
26Illinois Vehicle Code at the time of initial sentencing, except

HB3421- 136 -LRB100 05621 SLF 15635 b
1for a sentence of probation or conditional discharge. If the
2court finds that the offender has violated paragraph (8.6) of
3subsection (a) of Section 5-6-3, the court shall revoke the
4probation of the offender. If the court finds that the offender
5has violated subsection (o) of Section 5-6-3.1, the court shall
6revoke the supervision of the offender.
7 (f) The conditions of probation, of conditional discharge,
8of supervision, or of a sentence of county impact incarceration
9may be modified by the court on motion of the supervising
10agency or on its own motion or at the request of the offender
11after notice and a hearing.
12 (g) A judgment revoking supervision, probation,
13conditional discharge, or a sentence of county impact
14incarceration is a final appealable order.
15 (h) Resentencing after revocation of probation,
16conditional discharge, supervision, or a sentence of county
17impact incarceration shall be under Article 4. The term on
18probation, conditional discharge or supervision shall not be
19credited by the court against a sentence of imprisonment or
20periodic imprisonment unless the court orders otherwise. The
21amount of credit to be applied against a sentence of
22imprisonment or periodic imprisonment when the defendant
23served a term or partial term of periodic imprisonment shall be
24calculated upon the basis of the actual days spent in
25confinement rather than the duration of the term.
26 (i) Instead of filing a violation of probation, conditional

HB3421- 137 -LRB100 05621 SLF 15635 b
1discharge, supervision, or a sentence of county impact
2incarceration, an agent or employee of the supervising agency
3with the concurrence of his or her supervisor may serve on the
4defendant a Notice of Intermediate Sanctions. The Notice shall
5contain the technical violation or violations involved, the
6date or dates of the violation or violations, and the
7intermediate sanctions to be imposed. Upon receipt of the
8Notice, the defendant shall immediately accept or reject the
9intermediate sanctions. If the sanctions are accepted, they
10shall be imposed immediately. If the intermediate sanctions are
11rejected or the defendant does not respond to the Notice, a
12violation of probation, conditional discharge, supervision, or
13a sentence of county impact incarceration shall be immediately
14filed with the court. The State's Attorney and the sentencing
15court shall be notified of the Notice of Sanctions. Upon
16successful completion of the intermediate sanctions, a court
17may not revoke probation, conditional discharge, supervision,
18or a sentence of county impact incarceration or impose
19additional sanctions for the same violation. A notice of
20intermediate sanctions may not be issued for any violation of
21probation, conditional discharge, supervision, or a sentence
22of county impact incarceration which could warrant an
23additional, separate felony charge. The intermediate sanctions
24shall include a term of home detention as provided in Article
258A of Chapter V of this Code for multiple or repeat violations
26of the terms and conditions of a sentence of probation,

HB3421- 138 -LRB100 05621 SLF 15635 b
1conditional discharge, or supervision.
2 (j) When an offender is re-sentenced after revocation of
3probation that was imposed in combination with a sentence of
4imprisonment for the same offense, the aggregate of the
5sentences may not exceed the maximum term authorized under
6Article 4.5 of Chapter V.
7(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09;
896-1200, eff. 7-22-10.)
9 Section 35. The Uniform Criminal Extradition Act is amended
10by changing Section 16 as follows:
11 (725 ILCS 225/16) (from Ch. 60, par. 33)
12 Sec. 16. Bail; in what cases; conditions of bond.
13 Unless the offense with which the prisoner is charged is
14shown to be an offense punishable by death or life imprisonment
15under the laws of the state in which it was committed, a judge
16in this State may admit the person arrested to bail by bond,
17with sufficient sureties, and in such sum as he or she deems
18proper, conditioned for his or her appearance before him or her
19at a time specified in such bond, and for his surrender, to be
20arrested upon the warrant of the Governor of this State. Bail
21under this Act and the procedures for it shall be as provided
22by Supreme Court Rule.
23(Source: P.A. 77-1256.)

HB3421- 139 -LRB100 05621 SLF 15635 b
1 Section 40. The County Jail Good Behavior Allowance Act is
2amended by changing Section 3 as follows:
3 (730 ILCS 130/3) (from Ch. 75, par. 32)
4 Sec. 3. Good behavior allowance. The good behavior of any
5person who commences a sentence of confinement in a county jail
6for a fixed term of imprisonment after January 1, 1987 shall
7entitle such person to a good behavior allowance, except that:
8(1) a person who inflicted physical harm upon another person in
9committing the offense for which he is confined shall receive
10no good behavior allowance; and (2) a person sentenced for an
11offense for which the law provides a mandatory minimum sentence
12shall not receive any portion of a good behavior allowance that
13would reduce the sentence below the mandatory minimum; and (3)
14a person sentenced to a county impact incarceration program;
15and (4) a person who is convicted of criminal sexual assault
16under subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3)
17of Section 12-13 of the Criminal Code of 1961 or the Criminal
18Code of 2012, criminal sexual abuse, or aggravated criminal
19sexual abuse shall receive no good behavior allowance. The good
20behavior allowance provided for in this Section shall not apply
21to individuals sentenced for a felony to probation or
22conditional discharge where a condition of such probation or
23conditional discharge is that the individual serve a sentence
24of periodic imprisonment or to individuals sentenced under an
25order of court for civil contempt.

HB3421- 140 -LRB100 05621 SLF 15635 b
1 Such good behavior allowance shall be cumulative and
2awarded as provided in this Section.
3 The good behavior allowance rate shall be cumulative and
4awarded on the following basis:
5 The prisoner shall receive one day of good behavior
6allowance for each day of service of sentence in the county
7jail, and one day of good behavior allowance for each day of
8incarceration in the county jail before sentencing for the
9offense that he or she is currently serving sentence but was
10unable to post bail before sentencing, except that a prisoner
11serving a sentence of periodic imprisonment under Section 5-7-1
12of the Unified Code of Corrections shall only be eligible to
13receive good behavior allowance if authorized by the sentencing
14judge. Each day of good behavior allowance shall reduce by one
15day the prisoner's period of incarceration set by the court.
16For the purpose of calculating a prisoner's good behavior
17allowance, a fractional part of a day shall not be calculated
18as a day of service of sentence in the county jail unless the
19fractional part of the day is over 12 hours in which case a
20whole day shall be credited on the good behavior allowance.
21 If consecutive sentences are served and the time served
22amounts to a total of one year or more, the good behavior
23allowance shall be calculated on a continuous basis throughout
24the entire time served beginning on the first date of sentence
25or incarceration, as the case may be.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

HB3421- 141 -LRB100 05621 SLF 15635 b
1 Section 45. The Civil No Contact Order Act is amended by
2changing Section 220 as follows:
3 (740 ILCS 22/220)
4 Sec. 220. Enforcement of a civil no contact order.
5 (a) Nothing in this Act shall preclude any Illinois court
6of this State from enforcing a valid protective order issued in
7another state.
8 (b) Courts of this State Illinois courts may enforce civil
9no contact orders through both criminal proceedings and civil
10contempt proceedings, unless the action which is second in time
11is barred by collateral estoppel or the constitutional
12prohibition against double jeopardy.
13 (b-1) The court shall not hold a school district or private
14or non-public school or any of its employees in civil or
15criminal contempt unless the school district or private or
16non-public school has been allowed to intervene.
17 (b-2) The court may hold the parents, guardian, or legal
18custodian of a minor respondent in civil or criminal contempt
19for a violation of any provision of any order entered under
20this Act for conduct of the minor respondent in violation of
21this Act if the parents, guardian, or legal custodian directed,
22encouraged, or assisted the respondent minor in such conduct.
23 (c) Criminal prosecution. A violation of any civil no
24contact order, whether issued in a civil or criminal

HB3421- 142 -LRB100 05621 SLF 15635 b
1proceeding, shall be enforced by a criminal court when the
2respondent commits the crime of violation of a civil no contact
3order under pursuant to Section 219 by having knowingly
4violated:
5 (1) remedies described in Section 213 and included in a
6 civil no contact order; or
7 (2) a provision of an order, which is substantially
8 similar to provisions of Section 213, in a valid civil no
9 contact order which is authorized under the laws of another
10 state, tribe, or United States territory.
11 Prosecution for a violation of a civil no contact order
12shall not bar a concurrent prosecution for any other crime,
13including any crime that may have been committed at the time of
14the violation of the civil no contact order.
15 (d) Contempt of court. A violation of any valid Illinois
16civil no contact order, whether issued in a civil or criminal
17proceeding, may be enforced through civil or criminal contempt
18procedures, as appropriate, by any court with jurisdiction,
19regardless of where the act or acts which violated the civil no
20contact order were committed, to the extent consistent with the
21venue provisions of this Act.
22 (1) In a contempt proceeding where the petition for a
23 rule to show cause or petition for adjudication of criminal
24 contempt sets forth facts evidencing an immediate danger
25 that the respondent will flee the jurisdiction or inflict
26 physical abuse on the petitioner or minor children or on

HB3421- 143 -LRB100 05621 SLF 15635 b
1 dependent adults in the petitioner's care, the court may
2 order the attachment of the respondent without prior
3 service of the petition for a rule to show cause, the rule
4 to show cause, the petition for adjudication of criminal
5 contempt or the adjudication of criminal contempt.
6 Conditions of pre-trial release Bond shall be set unless
7 specifically denied in writing.
8 (2) A petition for a rule to show cause or a petition
9 for adjudication of criminal contempt for violation of a
10 civil no contact order shall be treated as an expedited
11 proceeding.
12 (e) Actual knowledge. A civil no contact order may be
13enforced under pursuant to this Section if the respondent
14violates the order after the respondent has actual knowledge of
15its contents as shown through one of the following means:
16 (1) by service, delivery, or notice under Section 208;
17 (2) by notice under Section 218;
18 (3) by service of a civil no contact order under
19 Section 218; or
20 (4) by other means demonstrating actual knowledge of
21 the contents of the order.
22 (f) The enforcement of a civil no contact order in civil or
23criminal court shall not be affected by either of the
24following:
25 (1) the existence of a separate, correlative order,
26 entered under Section 202; or

HB3421- 144 -LRB100 05621 SLF 15635 b
1 (2) any finding or order entered in a conjoined
2 criminal proceeding.
3 (g) Circumstances. The court, when determining whether or
4not a violation of a civil no contact order has occurred, shall
5not require physical manifestations of abuse on the person of
6the victim.
7 (h) Penalties.
8 (1) Except as provided in paragraph (3) of this
9 subsection, where the court finds the commission of a crime
10 or contempt of court under subsection (a) or (b) of this
11 Section, the penalty shall be the penalty that generally
12 applies in such criminal or contempt proceedings, and may
13 include one or more of the following: incarceration,
14 payment of restitution, a fine, payment of attorneys' fees
15 and costs, or community service.
16 (2) The court shall hear and take into account evidence
17 of any factors in aggravation or mitigation before deciding
18 an appropriate penalty under paragraph (1) of this
19 subsection.
20 (3) To the extent permitted by law, the court is
21 encouraged to:
22 (i) increase the penalty for the knowing violation
23 of any civil no contact order over any penalty
24 previously imposed by any court for respondent's
25 violation of any civil no contact order or penal
26 statute involving petitioner as victim and respondent

HB3421- 145 -LRB100 05621 SLF 15635 b
1 as defendant;
2 (ii) impose a minimum penalty of 24 hours
3 imprisonment for respondent's first violation of any
4 civil no contact order; and
5 (iii) impose a minimum penalty of 48 hours
6 imprisonment for respondent's second or subsequent
7 violation of a civil no contact order unless the court
8 explicitly finds that an increased penalty or that
9 period of imprisonment would be manifestly unjust.
10 (4) In addition to any other penalties imposed for a
11 violation of a civil no contact order, a criminal court may
12 consider evidence of any previous violations of a civil no
13 contact order:
14 (i) to increase, revoke, or modify the conditions
15 of pre-trial release bail bond on an underlying
16 criminal charge under pursuant to Section 110-6 of the
17 Code of Criminal Procedure of 1963;
18 (ii) to revoke or modify an order of probation,
19 conditional discharge or supervision, under pursuant
20 to Section 5-6-4 of the Unified Code of Corrections; or
21 (iii) to revoke or modify a sentence of periodic
22 imprisonment, under pursuant to Section 5-7-2 of the
23 Unified Code of Corrections.
24(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
25 Section 50. The Illinois Domestic Violence Act of 1986 is

HB3421- 146 -LRB100 05621 SLF 15635 b
1amended by changing Sections 223 and 301 as follows:
2 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
3 Sec. 223. Enforcement of orders of protection.
4 (a) When violation is crime. A violation of any order of
5protection, whether issued in a civil or criminal proceeding,
6shall be enforced by a criminal court when:
7 (1) The respondent commits the crime of violation of an
8 order of protection under pursuant to Section 12-3.4 or
9 12-30 of the Criminal Code of 1961 or the Criminal Code of
10 2012, by having knowingly violated:
11 (i) remedies described in paragraphs (1), (2),
12 (3), (14), or (14.5) of subsection (b) of Section 214
13 of this Act; or
14 (ii) a remedy, which is substantially similar to
15 the remedies authorized under paragraphs (1), (2),
16 (3), (14), and (14.5) of subsection (b) of Section 214
17 of this Act, in a valid order of protection which is
18 authorized under the laws of another state, tribe, or
19 United States territory; or
20 (iii) any other remedy when the act constitutes a
21 crime against the protected parties as defined by the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 Prosecution for a violation of an order of protection
24 shall not bar concurrent prosecution for any other crime,
25 including any crime that may have been committed at the

HB3421- 147 -LRB100 05621 SLF 15635 b
1 time of the violation of the order of protection; or
2 (2) The respondent commits the crime of child abduction
3 under pursuant to Section 10-5 of the Criminal Code of 1961
4 or the Criminal Code of 2012, by having knowingly violated:
5 (i) remedies described in paragraphs (5), (6) or
6 (8) of subsection (b) of Section 214 of this Act; or
7 (ii) a remedy, which is substantially similar to
8 the remedies authorized under paragraphs (5), (6), or
9 (8) of subsection (b) of Section 214 of this Act, in a
10 valid order of protection which is authorized under the
11 laws of another state, tribe, or United States
12 territory.
13 (b) When violation is contempt of court. A violation of any
14valid Illinois order of protection under this State, whether
15issued in a civil or criminal proceeding, may be enforced
16through civil or criminal contempt procedures, as appropriate,
17by any court with jurisdiction, regardless where the act or
18acts which violated the order of protection were committed, to
19the extent consistent with the venue provisions of this Act.
20Nothing in this Act shall preclude any Illinois court from
21enforcing any valid order of protection issued in another
22state. Courts of this State Illinois courts may enforce orders
23of protection through both criminal prosecution and contempt
24proceedings, unless the action which is second in time is
25barred by collateral estoppel or the constitutional
26prohibition against double jeopardy.

HB3421- 148 -LRB100 05621 SLF 15635 b
1 (1) In a contempt proceeding where the petition for a
2 rule to show cause sets forth facts evidencing an immediate
3 danger that the respondent will flee the jurisdiction,
4 conceal a child, or inflict physical abuse on the
5 petitioner or minor children or on dependent adults in
6 petitioner's care, the court may order the attachment of
7 the respondent without prior service of the rule to show
8 cause or the petition for a rule to show cause. Conditions
9 of pre-trial release Bond shall be set unless specifically
10 denied in writing.
11 (2) A petition for a rule to show cause for violation
12 of an order of protection shall be treated as an expedited
13 proceeding.
14 (b-1) The court shall not hold a school district or private
15or non-public school or any of its employees in civil or
16criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18 (b-2) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Act for conduct of the minor respondent in violation of
22this Act if the parents, guardian, or legal custodian directed,
23encouraged, or assisted the respondent minor in such conduct.
24 (c) Violation of custody or support orders or temporary or
25final judgments allocating parental responsibilities. A
26violation of remedies described in paragraphs (5), (6), (8), or

HB3421- 149 -LRB100 05621 SLF 15635 b
1(9) of subsection (b) of Section 214 of this Act may be
2enforced by any remedy provided by Section 607.5 of the
3Illinois Marriage and Dissolution of Marriage Act. The court
4may enforce any order for support issued under paragraph (12)
5of subsection (b) of Section 214 in the manner provided for
6under Parts V and VII of the Illinois Marriage and Dissolution
7of Marriage Act.
8 (d) Actual knowledge. An order of protection may be
9enforced under pursuant to this Section if the respondent
10violates the order after the respondent has actual knowledge of
11its contents as shown through one of the following means:
12 (1) By service, delivery, or notice under Section 210.
13 (2) By notice under Section 210.1 or 211.
14 (3) By service of an order of protection under Section
15 222.
16 (4) By other means demonstrating actual knowledge of
17 the contents of the order.
18 (e) The enforcement of an order of protection in civil or
19criminal court shall not be affected by either of the
20following:
21 (1) The existence of a separate, correlative order,
22 entered under Section 215.
23 (2) Any finding or order entered in a conjoined
24 criminal proceeding.
25 (f) Circumstances. The court, when determining whether or
26not a violation of an order of protection has occurred, shall

HB3421- 150 -LRB100 05621 SLF 15635 b
1not require physical manifestations of abuse on the person of
2the victim.
3 (g) Penalties.
4 (1) Except as provided in paragraph (3) of this
5 subsection, where the court finds the commission of a crime
6 or contempt of court under subsections (a) or (b) of this
7 Section, the penalty shall be the penalty that generally
8 applies in such criminal or contempt proceedings, and may
9 include one or more of the following: incarceration,
10 payment of restitution, a fine, payment of attorneys' fees
11 and costs, or community service.
12 (2) The court shall hear and take into account evidence
13 of any factors in aggravation or mitigation before deciding
14 an appropriate penalty under paragraph (1) of this
15 subsection.
16 (3) To the extent permitted by law, the court is
17 encouraged to:
18 (i) increase the penalty for the knowing violation
19 of any order of protection over any penalty previously
20 imposed by any court for respondent's violation of any
21 order of protection or penal statute involving
22 petitioner as victim and respondent as defendant;
23 (ii) impose a minimum penalty of 24 hours
24 imprisonment for respondent's first violation of any
25 order of protection; and
26 (iii) impose a minimum penalty of 48 hours

HB3421- 151 -LRB100 05621 SLF 15635 b
1 imprisonment for respondent's second or subsequent
2 violation of an order of protection
3 unless the court explicitly finds that an increased penalty
4 or that period of imprisonment would be manifestly unjust.
5 (4) In addition to any other penalties imposed for a
6 violation of an order of protection, a criminal court may
7 consider evidence of any violations of an order of
8 protection:
9 (i) to increase, revoke or modify the conditions of
10 pre-trial release bail bond on an underlying criminal
11 charge under pursuant to Section 110-6 of the Code of
12 Criminal Procedure of 1963;
13 (ii) to revoke or modify an order of probation,
14 conditional discharge or supervision, under pursuant
15 to Section 5-6-4 of the Unified Code of Corrections;
16 (iii) to revoke or modify a sentence of periodic
17 imprisonment, under pursuant to Section 5-7-2 of the
18 Unified Code of Corrections.
19 (5) In addition to any other penalties, the court shall
20 impose an additional fine of $20 as authorized by Section
21 5-9-1.11 of the Unified Code of Corrections upon any person
22 convicted of or placed on supervision for a violation of an
23 order of protection. The additional fine shall be imposed
24 for each violation of this Section.
25(Source: P.A. 99-90, eff. 1-1-16.)

HB3421- 152 -LRB100 05621 SLF 15635 b
1 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
2 Sec. 301. Arrest without warrant.
3 (a) Any law enforcement officer may make an arrest without
4warrant if the officer has probable cause to believe that the
5person has committed or is committing any crime, including but
6not limited to violation of an order of protection, under
7Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
8Criminal Code of 2012, even if the crime was not committed in
9the presence of the officer.
10 (b) The law enforcement officer may verify the existence of
11an order of protection by telephone or radio communication with
12his or her law enforcement agency or by referring to the copy
13of the order provided by the petitioner or respondent.
14 (c) Any law enforcement officer may make an arrest without
15warrant if the officer has reasonable grounds to believe a
16defendant at liberty under the provisions of subdivision (d)(1)
17or (d)(2) of Section 110-10 of the Code of Criminal Procedure
18of 1963 has violated a condition of his or her pre-trial
19release bail bond or recognizance.
20(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

HB3421- 153 -LRB100 05621 SLF 15635 b
1 INDEX
2 Statutes amended in order of appearance
3 625 ILCS 5/16-103from Ch. 95 1/2, par. 16-103
4 705 ILCS 105/14from Ch. 25, par. 14
5 705 ILCS 105/27.3a
6 705 ILCS 105/27.3bfrom Ch. 25, par. 27.3b
7 705 ILCS 105/27.5from Ch. 25, par. 27.5
8 705 ILCS 105/27.6
9 720 ILCS 5/32-10from Ch. 38, par. 32-10
10 725 ILCS 5/103-5from Ch. 38, par. 103-5
11 725 ILCS 5/103-7from Ch. 38, par. 103-7
12 725 ILCS 5/104-17from Ch. 38, par. 104-17
13 725 ILCS 5/106D-1
14 725 ILCS 5/107-4from Ch. 38, par. 107-4
15 725 ILCS 5/109-1from Ch. 38, par. 109-1
16 725 ILCS 5/109-2from Ch. 38, par. 109-2
17 725 ILCS 5/110-1from Ch. 38, par. 110-1
18 725 ILCS 5/110-1.5 new
19 725 ILCS 5/110-2from Ch. 38, par. 110-2
20 725 ILCS 5/110-3from Ch. 38, par. 110-3
21 725 ILCS 5/110-4from Ch. 38, par. 110-4
22 725 ILCS 5/110-5from Ch. 38, par. 110-5
23 725 ILCS 5/110-5.1
24 725 ILCS 5/110-6from Ch. 38, par. 110-6
25 725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1

HB3421- 154 -LRB100 05621 SLF 15635 b
1 725 ILCS 5/110-6.2from Ch. 38, par. 110-6.2
2 725 ILCS 5/110-6.3from Ch. 38, par. 110-6.3
3 725 ILCS 5/110-7from Ch. 38, par. 110-7
4 725 ILCS 5/110-9from Ch. 38, par. 110-9
5 725 ILCS 5/110-10from Ch. 38, par. 110-10
6 725 ILCS 5/110-11from Ch. 38, par. 110-11
7 725 ILCS 5/110-12from Ch. 38, par. 110-12
8 725 ILCS 5/110-16from Ch. 38, par. 110-16
9 725 ILCS 5/110-18from Ch. 38, par. 110-18
10 725 ILCS 5/112A-23from Ch. 38, par. 112A-23
11 725 ILCS 5/115-4.1from Ch. 38, par. 115-4.1
12 725 ILCS 5/102-7 rep.
13 725 ILCS 5/110-6.5 rep.
14 725 ILCS 5/110-8 rep.
15 725 ILCS 5/110-13 rep.
16 725 ILCS 5/110-14 rep.
17 725 ILCS 5/110-15 rep.
18 725 ILCS 5/110-17 rep.
19 725 ILCS 185/7from Ch. 38, par. 307
20 725 ILCS 185/20from Ch. 38, par. 320
21 725 ILCS 185/22from Ch. 38, par. 322
22 725 ILCS 185/34
23 730 ILCS 5/5-6-4from Ch. 38, par. 1005-6-4
24 725 ILCS 225/16from Ch. 60, par. 33
25 730 ILCS 130/3from Ch. 75, par. 32
26 740 ILCS 22/220

HB3421- 155 -LRB100 05621 SLF 15635 b