Bill Text: IL HB5182 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if a defendant is charged with a non-violent crime, the court shall not impose bail in an amount that exceeds 10% of the annual salary of the defendant. Provides that if the court determines that a defendant charged with a non-violent crime is indigent, the court shall release the defendant on his or her own recognizance. Defines "non-violent crime".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5182 Detail]
Download: Illinois-2011-HB5182-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 110-5 as follows:
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6 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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7 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
8 | of release.
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9 | (a) In determining the amount of monetary bail or | ||||||
10 | conditions of release, if
any,
which will reasonably assure the | ||||||
11 | appearance of a defendant as required or
the safety of any | ||||||
12 | other person or the community and the likelihood of
compliance | ||||||
13 | by the
defendant with all the conditions of bail, the court | ||||||
14 | shall, on the
basis of available information, take into account | ||||||
15 | such matters as the
nature and circumstances of the offense | ||||||
16 | charged, whether the evidence
shows that as part of the offense | ||||||
17 | there was a use of violence or threatened
use of violence, | ||||||
18 | whether the offense involved corruption of public
officials or | ||||||
19 | employees, whether there was physical harm or threats of | ||||||
20 | physical
harm to any
public official, public employee, judge, | ||||||
21 | prosecutor, juror or witness,
senior citizen, child or | ||||||
22 | handicapped person, whether evidence shows that
during the | ||||||
23 | offense or during the arrest the defendant possessed or used a
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1 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
2 | explosive
bomb device or any military or paramilitary armament,
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3 | whether the evidence
shows that the offense committed was | ||||||
4 | related to or in furtherance of the
criminal activities of an | ||||||
5 | organized gang or was motivated by the defendant's
membership | ||||||
6 | in or allegiance to an organized gang,
the condition of the
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7 | victim, any written statement submitted by the victim or | ||||||
8 | proffer or
representation by the State regarding the
impact | ||||||
9 | which the alleged criminal conduct has had on the victim and | ||||||
10 | the
victim's concern, if any, with further contact with the | ||||||
11 | defendant if
released on bail, whether the offense was based on | ||||||
12 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
13 | likelihood of the filing of a greater charge, the likelihood of
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14 | conviction, the sentence applicable upon conviction, the | ||||||
15 | weight of the evidence
against such defendant, whether there | ||||||
16 | exists motivation or ability to
flee, whether there is any | ||||||
17 | verification as to prior residence, education,
or family ties | ||||||
18 | in the local jurisdiction, in another county,
state or foreign | ||||||
19 | country, the defendant's employment, financial resources,
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20 | character and mental condition, past conduct, prior use of | ||||||
21 | alias names or
dates of birth, and length of residence in the | ||||||
22 | community,
the consent of the defendant to periodic drug | ||||||
23 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
24 | national defendant is lawfully admitted in the United
States of | ||||||
25 | America, whether the government of the foreign national
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26 | maintains an extradition treaty with the United States by which |
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1 | the foreign
government will extradite to the United States its | ||||||
2 | national for a trial for
a crime allegedly committed in the | ||||||
3 | United States, whether the defendant is
currently subject to | ||||||
4 | deportation or exclusion under the immigration laws of
the | ||||||
5 | United States, whether the defendant, although a United States | ||||||
6 | citizen,
is considered under the law of any foreign state a | ||||||
7 | national of that state
for the purposes of extradition or | ||||||
8 | non-extradition to the United States,
the amount of unrecovered | ||||||
9 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
10 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
11 | from the totality of the court's consideration,
the loss of | ||||||
12 | funds posted or sought to be posted for bail will not deter the
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13 | defendant from flight, whether the evidence shows that the | ||||||
14 | defendant is
engaged in significant
possession, manufacture, | ||||||
15 | or delivery of a controlled substance or cannabis,
either | ||||||
16 | individually or in consort with others,
whether at the time of | ||||||
17 | the offense
charged he was on bond or pre-trial release pending | ||||||
18 | trial, probation,
periodic imprisonment or conditional | ||||||
19 | discharge pursuant to this Code or the
comparable Code of any | ||||||
20 | other state or federal jurisdiction, whether the
defendant is | ||||||
21 | on bond or
pre-trial release pending the imposition or | ||||||
22 | execution of sentence or appeal of
sentence for any offense | ||||||
23 | under the laws of Illinois or any other state or
federal | ||||||
24 | jurisdiction, whether the defendant is under parole or | ||||||
25 | mandatory
supervised release or
work release from the Illinois | ||||||
26 | Department of Corrections or any penal
institution or |
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1 | corrections department of any state or federal
jurisdiction, | ||||||
2 | the defendant's record of convictions, whether the defendant | ||||||
3 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
4 | Illinois or similar
offense in other state or federal | ||||||
5 | jurisdiction within the 10 years
preceding the current charge | ||||||
6 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
7 | convicted of an offense in another state or federal
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8 | jurisdiction that would
be a felony if committed in Illinois | ||||||
9 | within the 20 years preceding the
current charge or has been | ||||||
10 | convicted of such felony and released from the
penitentiary | ||||||
11 | within 20 years preceding the current charge if a
penitentiary | ||||||
12 | sentence was imposed in Illinois or other state or federal
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13 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
14 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
15 | failure to appear by
the defendant at
court proceedings, | ||||||
16 | whether there was flight to avoid arrest or
prosecution, | ||||||
17 | whether the defendant escaped or
attempted to escape to avoid | ||||||
18 | arrest, whether the defendant refused to
identify himself, or | ||||||
19 | whether there was a refusal by the defendant to be
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20 | fingerprinted as required by law. Information used by the court | ||||||
21 | in its
findings or stated in or
offered in connection with this | ||||||
22 | Section may be by way of proffer based upon
reliable | ||||||
23 | information offered by the State or defendant.
All evidence | ||||||
24 | shall be admissible if it is relevant and
reliable regardless | ||||||
25 | of whether it would be admissible under the rules of
evidence | ||||||
26 | applicable at criminal trials.
If the State presents evidence |
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1 | that the offense committed by the defendant
was related to or | ||||||
2 | in furtherance of the criminal activities of an organized
gang | ||||||
3 | or was motivated by the defendant's membership in or allegiance | ||||||
4 | to an
organized gang, and if the court determines that the | ||||||
5 | evidence may be
substantiated, the court shall prohibit the | ||||||
6 | defendant from associating with
other members of the organized | ||||||
7 | gang as a condition of bail or release.
For the purposes of | ||||||
8 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
9 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act.
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11 | (b) The amount of bail shall be:
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12 | (1) Sufficient to assure compliance with the | ||||||
13 | conditions set forth in the
bail bond, which shall include | ||||||
14 | the defendant's current address with a written
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15 | admonishment to the defendant that he or she must comply | ||||||
16 | with the provisions of
Section 110-12 regarding any change | ||||||
17 | in his or her address. The defendant's
address shall at all | ||||||
18 | times remain a matter of public record with the clerk
of | ||||||
19 | the court.
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20 | (2) Not oppressive.
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21 | (3) Considerate of the financial ability of the | ||||||
22 | accused.
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23 | (4) When a person is charged with a drug related | ||||||
24 | offense involving
possession or delivery of cannabis or | ||||||
25 | possession or delivery of a
controlled substance as defined | ||||||
26 | in the Cannabis Control Act,
the Illinois Controlled |
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1 | Substances Act, or the Methamphetamine Control and | ||||||
2 | Community Protection Act, the full street value
of the | ||||||
3 | drugs seized shall be considered. "Street value" shall be
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4 | determined by the court on the basis of a proffer by the | ||||||
5 | State based upon
reliable information of a law enforcement | ||||||
6 | official contained in a written
report as to the amount | ||||||
7 | seized and such proffer may be used by the court as
to the | ||||||
8 | current street value of the smallest unit of the drug | ||||||
9 | seized.
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10 | (b-1) If a first-time offender is charged with a | ||||||
11 | non-violent offense, the court shall order him or her released | ||||||
12 | on his or her own recognizance, unless the court makes a | ||||||
13 | specific finding that a cash bond is necessary to secure his or | ||||||
14 | her appearance, and in addition to any other conditions, may | ||||||
15 | order as a condition of his or her release, his or her | ||||||
16 | monitoring under electronic surveillance as provided in | ||||||
17 | Article 8A of Chapter V of the Unified Code of Corrections. | ||||||
18 | For the purposes of this subsection (b-1), "non-violent | ||||||
19 | crime" means an offense that is not a forcible felony or a | ||||||
20 | violent crime as defined in Section 3 of the Rights of Crime | ||||||
21 | Victims and Witnesses Act. | ||||||
22 | (b-5) Upon the filing of a written request demonstrating | ||||||
23 | reasonable cause, the State's Attorney may request a source of | ||||||
24 | bail hearing either before or after the posting of any funds.
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25 | If the hearing is granted, before the posting of any bail, the | ||||||
26 | accused must file a written notice requesting that the court |
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1 | conduct a source of bail hearing. The notice must be | ||||||
2 | accompanied by justifying affidavits stating the legitimate | ||||||
3 | and lawful source of funds for bail. At the hearing, the court | ||||||
4 | shall inquire into any matters stated in any justifying | ||||||
5 | affidavits, and may also inquire into matters appropriate to | ||||||
6 | the determination which shall include, but are not limited to, | ||||||
7 | the following: | ||||||
8 | (1) the background, character, reputation, and | ||||||
9 | relationship to the accused of any surety; and | ||||||
10 | (2) the source of any money or property deposited by | ||||||
11 | any surety, and whether any such money or property | ||||||
12 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
13 | (3) the source of any money posted as cash bail, and | ||||||
14 | whether any such money constitutes the fruits of criminal | ||||||
15 | or unlawful conduct; and | ||||||
16 | (4) the background, character, reputation, and | ||||||
17 | relationship to the accused of the person posting cash | ||||||
18 | bail. | ||||||
19 | Upon setting the hearing, the court shall examine, under | ||||||
20 | oath, any persons who may possess material information. | ||||||
21 | The State's Attorney has a right to attend the hearing, to | ||||||
22 | call witnesses and to examine any witness in the proceeding. | ||||||
23 | The court shall, upon request of the State's Attorney, continue | ||||||
24 | the proceedings for a reasonable period to allow the State's | ||||||
25 | Attorney to investigate the matter raised in any testimony or | ||||||
26 | affidavit.
If the hearing is granted after the accused has |
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1 | posted bail, the court shall conduct a hearing consistent with | ||||||
2 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
3 | court must issue an order either approving of disapproving the | ||||||
4 | bail.
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5 | (c) When a person is charged with an offense punishable by | ||||||
6 | fine only the
amount of the bail shall not exceed double the | ||||||
7 | amount of the maximum penalty.
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8 | (d) When a person has been convicted of an offense and only | ||||||
9 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
10 | double the amount of
the fine.
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11 | (e) The State may appeal any order granting bail or setting
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12 | a given amount for bail. | ||||||
13 | (f) When a person is charged with a violation of an order | ||||||
14 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
15 | Code of 1961, | ||||||
16 | (1) whether the alleged incident involved harassment | ||||||
17 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
18 | of 1986; | ||||||
19 | (2) whether the person has a history of domestic | ||||||
20 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
21 | or a history of other criminal acts; | ||||||
22 | (3) based on the mental health of the person; | ||||||
23 | (4) whether the person has a history of violating the | ||||||
24 | orders of any court or governmental entity; | ||||||
25 | (5) whether the person has been, or is, potentially a | ||||||
26 | threat to any other person; |
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1 | (6) whether the person has access to deadly weapons or | ||||||
2 | a history of using deadly weapons; | ||||||
3 | (7) whether the person has a history of abusing alcohol | ||||||
4 | or any controlled substance; | ||||||
5 | (8) based on the severity of the alleged incident that | ||||||
6 | is the basis of the alleged offense, including, but not | ||||||
7 | limited to, the duration of the current incident, and | ||||||
8 | whether the alleged incident involved physical injury, | ||||||
9 | sexual assault, strangulation, abuse during the alleged | ||||||
10 | victim's pregnancy, abuse of pets, or forcible entry to | ||||||
11 | gain access to the alleged victim; | ||||||
12 | (9) whether a separation of the person from the alleged | ||||||
13 | victim or a termination of the relationship between the | ||||||
14 | person and the alleged victim has recently occurred or is | ||||||
15 | pending; | ||||||
16 | (10) whether the person has exhibited obsessive or | ||||||
17 | controlling behaviors toward the alleged victim, | ||||||
18 | including, but not limited to, stalking, surveillance, or | ||||||
19 | isolation of the alleged victim or victim's family member | ||||||
20 | or members; | ||||||
21 | (11) whether the person has expressed suicidal or | ||||||
22 | homicidal ideations; | ||||||
23 | (12) based on any information contained in the | ||||||
24 | complaint and any police reports, affidavits, or other | ||||||
25 | documents accompanying the complaint, | ||||||
26 | the court may, in its discretion, order the respondent to |
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1 | undergo a risk assessment evaluation conducted by an Illinois | ||||||
2 | Department of Human Services approved partner abuse | ||||||
3 | intervention program provider, pretrial service, probation, or | ||||||
4 | parole agency. These agencies shall have access to summaries of | ||||||
5 | the defendant's criminal history, which shall not include | ||||||
6 | victim interviews or information, for the risk evaluation. | ||||||
7 | Based on the information collected from the 12 points to be | ||||||
8 | considered at a bail hearing for a violation of an order of | ||||||
9 | protection, the results of any risk evaluation conducted and | ||||||
10 | the other circumstances of the violation, the court may order | ||||||
11 | that the person, as a condition of bail, be placed under | ||||||
12 | electronic surveillance as provided in Section 5-8A-7 of the | ||||||
13 | Unified Code of Corrections.
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14 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09; | ||||||
15 | 96-1551, eff. 7-1-11 .)
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