Bill Text: IL HB5356 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Clerks of Courts Act. Provides that beginning January 1, 2023, the clerk of the circuit court must report to the Administrative Office of the Illinois Courts and every 30 days thereafter a list of offenders in the clerk's circuit who were charged with a violation of the Deadly Weapons Article of the Criminal Code of 2012 and whether they were detained or released on pretrial release. Provides that the Administrative Office of the Illinois Courts shall publish the information on a public database providing the offense type, date of the offense, and whether there was an order for detention or pretrial release. Provides that the offenders' names shall not be listed on the public database. Provides that the Administrative Office of the Illinois Courts shall determine the manner in which the information is reported to the Office from the clerks. Amends the Code of Criminal Procedure of 1963. Provides that in addition to other factors in which the court may deny a defendant pretrial release, the court may deny a defendant pretrial release if: (1) the defendant is charged with an offense that involves the discharge of a firearm; or (2) the defendant is charged with any felony offense listed in the Deadly Weapons Article of the Criminal Code of 2012 and has a prior conviction for a weapons offense. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-31 - Referred to Rules Committee [HB5356 Detail]

Download: Illinois-2021-HB5356-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5356 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.11 new
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Clerks of Courts Act. Provides that beginning January 1, 2023, the clerk of the circuit court must report to the Administrative Office of the Illinois Courts and every 30 days thereafter a list of offenders in the clerk's circuit who were charged with a violation of the Deadly Weapons Article of the Criminal Code of 2012 and whether they were detained or released on pretrial release. Provides that the Administrative Office of the Illinois Courts shall publish the information on a public database providing the offense type, date of the offense, and whether there was an order for detention or pretrial release. Provides that the offenders names shall not be listed on the public database. Provides that the Administrative Office of the Illinois Courts shall determine the manner in which the information is reported to the Office from the clerks. Amends the Code of Criminal Procedure of 1963. Provides that in addition to other factors in which the court may deny a defendant pretrial release, the court may deny a defendant pretrial release if: (1) the defendant is charged with an offense that involves the discharge of a firearm; or (2) the defendant is charged with any felony offense listed in Article 24 of the Criminal Code of 2012 and has a prior conviction for a weapons offense. Effective immediately.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by adding
Section 27.11 as follows:
(705 ILCS 105/27.11 new)
Sec. 27.11. Firearm offenses database; pretrial release.
(a) Beginning January 1, 2023, the clerk of the circuit
court must report to the Administrative Office of the Illinois
Courts and every 30 days thereafter a list of offenders in the
clerk's circuit who were charged with a violation of Article
24 of the Criminal Code of 2012 and whether they were detained
or released on pretrial release.
(b) The Administrative Office of the Illinois Courts shall
publish the information on a public database providing the
offense type, date of the offense, and whether there was an
order for detention or pretrial release.
(c) The offenders names shall not be listed on the public
database.
(d) The Administrative Office of the Illinois Courts shall
determine the manner in which the information is reported to
the Office from the clerks.

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Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6.1 as follows:
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-6.1. Denial of bail in non-probationable felony
offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with a felony offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical safety
of any person or persons.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant may

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not exceed 5 calendar days, and a continuance on the
motion of the State may not exceed 3 calendar days. The
defendant may be held in custody during such continuance.
(b) The court may deny bail to the defendant where, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, must be imposed by
law as a consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection
Act which is a Class X felony, and
(3) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Article, can reasonably assure the physical
safety of any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:

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(A) Information used by the court in its findings
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. Defendant has the right to
be represented by counsel, and if he is indigent, to
have counsel appointed for him. Defendant shall have
the opportunity to testify, to present witnesses in
his own behalf, and to cross-examine witnesses if any
are called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercises its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pre-trial detention hearing is not
to be used for purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if

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available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State in its petition.
The rules concerning the admissibility of evidence in
criminal trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by
the State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical

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safety of any person or persons, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have

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access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation,
mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court

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proceedings.
(f) If the court enters an order for the detention of the
defendant pursuant to subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which he
is detained within 90 days after the date on which the order
for detention was entered. If the defendant is not brought to
trial within the 90 day period required by the preceding
sentence, he shall not be held longer without bail. In
computing the 90 day period, the court shall omit any period of
delay resulting from a continuance granted at the request of
the defendant.
(g) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying bail to
the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:

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(1) the defendant is charged with a forcible felony
offense for which a sentence of imprisonment, without
probation, periodic imprisonment or conditional discharge,
is required by law upon conviction, and it is alleged that
the defendant's pretrial release poses a specific, real
and present threat to any person or the community.;
(2) the defendant is charged with stalking or
aggravated stalking and it is alleged that the defendant's
pre-trial release poses a real and present threat to the
physical safety of a victim of the alleged offense, and
denial of release is necessary to prevent fulfillment of
the threat upon which the charge is based;
(3) the victim of abuse was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986, and the person
charged, at the time of the alleged offense, was subject
to the terms of an order of protection issued under
Section 112A-14 of this Code, or Section 214 of the
Illinois Domestic Violence Act of 1986 or previously was
convicted of a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a violent crime if the victim was
a family or household member as defined by paragraph (6)
of the Illinois Domestic Violence Act of 1986 at the time
of the offense or a violation of a substantially similar
municipal ordinance or law of this or any other state or

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the United States if the victim was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986 at the time of the
offense, and it is alleged that the defendant's pre-trial
release poses a real and present threat to the physical
safety of any person or persons;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 and it is alleged that the
defendant's pretrial release poses a real and present
threat to the physical safety of any person or persons;
(5) the defendant is charged with any offense under
Article 11 of the Criminal Code of 2012, except for
Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
Code of 2012, or similar provisions of the Criminal Code
of 1961 and it is alleged that the defendant's pretrial
release poses a real and present threat to the physical
safety of any person or persons;
(6) the defendant is charged with any of these
violations under the Criminal Code of 2012 and it is
alleged that the defendant's pretrial releases poses a
real and present threat to the physical safety of any
specifically identifiable person or persons.
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a

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machine gun or a firearm equipped with a device
designed or use for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 2 (manufacture, sale or
transfer of bullets or shells represented to be armor
piercing bullets, dragon's breath shotgun shells, bolo
shells or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 {unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning); or
(K) Section on 24-3B (firearms trafficking );
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) (unlawful
use or possession of weapons by felons or persons in

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the Custody of the Department of Corrections
facilities (Section 24-1.1), (ii) aggravated unlawful
use of a weapon (Section 24-1.6, or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(7) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in Sections (a)(1)
through (a)(5) of this Section; or
(B) A felony offense other than a Class 4 offense;
(8) the defendant is charged with an offense that
involves the discharge of a firearm; or
(9) the defendant is charged with any felony offense
listed in Article 24 of the Criminal Code of 2012 and has a
prior conviction for a weapons offense.
(b) If the charged offense is a felony, the Court shall
hold a hearing pursuant to 109-3 of this Code to determine
whether there is probable cause the defendant has committed an
offense, unless a grand jury has returned a true bill of
indictment against the defendant. If there is a finding of no
probable cause, the defendant shall be released. No such
finding is necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or

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within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) (2) Upon filing, the court shall immediately hold
a hearing on the petition unless a continuance is
requested. If a continuance is requested, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with a Class X,
Class 1, Class 2, or Class 3 felony, and within 24 hours if
the defendant is charged with a Class 4 or misdemeanor
offense. The Court may deny and or grant the request for
continuance. If the court decides to grant the
continuance, the Court retains the discretion to detain or
release the defendant in the time between the filing of
the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
identity of the specific person or persons the State
believes the defendant poses a danger to.
(2) Only one petition may be filed under this Section.
(e) Eligibility: All defendants shall be presumed eligible
for pretrial release, and the State shall bear the burden of

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proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
paragraphs (1) through (6) of subsection (a), and
(2) the defendant poses a real and present threat to
the safety of a specific, identifiable person or persons,
by conduct which may include, but is not limited to, a
forcible felony, the obstruction of justice, intimidation,
injury, or abuse as defined by paragraph (1) of Section
103 of the Illinois Domestic Violence Act of 1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate the real and present threat to the safety of
any person or persons or the defendant's willful flight.
(f) Conduct of the hearings.
(1) Prior to the hearing the State shall tender to the
defendant copies of defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the State's Attorney's possession at the time
of the hearing that are required to be disclosed to the
defense under Illinois Supreme Court rules.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by

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counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State.
(4) If the defense seeks to call the complaining
witness as a witness in its favor, it shall petition the
court for permission. When the ends of justice so require,
the court may exercise its discretion and compel the
appearance of a complaining witness. The court shall state
on the record reasons for granting a defense request to
compel the presence of a complaining witness. In making a
determination under this section, the court shall state on
the record the reason for granting a defense request to
compel the presence of a complaining witness, and only
grant the request if the court finds by clear and
convincing evidence that the defendant will be materially
prejudiced if the complaining witness does not appear.
Cross-examination of a complaining witness at the pretrial
detention hearing for the purpose of impeaching the
witness' credibility is insufficient reason to compel the
presence of the witness. In deciding whether to compel the
appearance of a complaining witness, the court shall be
considerate of the emotional and physical well-being of
the witness. The pre-trial detention hearing is not to be
used for purposes of discovery, and the post arraignment

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rules of discovery do not apply.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case in chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of release
and detention prior trial should be individualized, and no
single factor or standard should be used exclusively to
make a condition or detention decision.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a specific, imminent threat of serious
physical harm to an identifiable person or persons, consider
but shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense

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charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of the defendant;
(6) The age and physical condition of any victim or
complaining witness;
(7) Whether the defendant is known to possess or have
access to any weapon or weapons;
(8) Whether, at the time of the current offense or any

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other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
guilt or innocence, and the court's reasons for concluding
that the defendant should be denied pretrial release;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. If the court enters an order for the

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detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90 day period required by
the preceding sentence, he shall not be denied pretrial
release. In computing the 90 day period, the court shall omit
any period of delay resulting from a continuance granted at
the request of the defendant.
(j) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying
pretrial release to the defendant.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Victim notice.
(1) Crime victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph
(1) of subsection (b) of Section 4.5 of the Rights of Crime
Victims and Witnesses Act and shall be informed of their
opportunity at this hearing to obtain an order of
protection under Article 112A of this Code.

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(Source: P.A. 101-652, eff. 1-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.