Bill Text: IL HB6625 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that upon verified application by the Sheriff in whose custody the defendant has been remanded (in addition to current application by the State, the defendant, or the court on its own motion) the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond or grant bail where it has been previously revoked or denied. Provides that if monetary bail has been set and the defendant has been unable to post the required amount to secure release from custody, the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the setting of bail, or the previous revocation or denial of bail proceedings. Provides that if the court grants bail where it has previously been revoked or denied, or increases or reduces the amount of bail, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-11-14 - Referred to Rules Committee [HB6625 Detail]
Download: Illinois-2015-HB6625-Introduced.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 110-6 as follows:
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6 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
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7 | Sec. 110-6. (a) Upon verified application by
the State , or | |||||||||||||||||||
8 | the defendant , the Sheriff in whose custody the defendant has | |||||||||||||||||||
9 | been remanded, or on its own motion the court before which the
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10 | proceeding is
pending may increase or reduce the amount of bail | |||||||||||||||||||
11 | or may alter the
conditions of the bail bond or grant bail | |||||||||||||||||||
12 | where it has been previously
revoked or denied.
If bail has | |||||||||||||||||||
13 | been previously revoked under pursuant to subsection (f) of | |||||||||||||||||||
14 | this
Section or if bail has been denied to the defendant under | |||||||||||||||||||
15 | pursuant to subsection
(e) of Section 110-6.1 or subsection (e) | |||||||||||||||||||
16 | of Section 110-6.3, or if a monetary bail bond has been set | |||||||||||||||||||
17 | under Section 110-5 and the defendant has been unable to post | |||||||||||||||||||
18 | the required amount to secure release from custody, the | |||||||||||||||||||
19 | defendant
shall
be required to present a
verified application | |||||||||||||||||||
20 | setting forth in detail any new facts not known or
obtainable | |||||||||||||||||||
21 | at the time of the setting of bail, or the previous revocation | |||||||||||||||||||
22 | or denial of bail
proceedings. If the court grants bail where | |||||||||||||||||||
23 | it has been previously revoked
or denied, or increases or |
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1 | reduces the amount of bail, the court shall state on the record | ||||||
2 | of the proceedings the
findings of facts and conclusion of law | ||||||
3 | upon which such order is based.
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4 | (b) Violation of the conditions of Section
110-10 of this | ||||||
5 | Code or any special conditions of bail as ordered by the
court | ||||||
6 | shall constitute grounds for the court to increase
the amount | ||||||
7 | of bail, or otherwise alter the conditions of bail, or, where
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8 | the alleged offense committed on bail is a forcible felony in | ||||||
9 | Illinois or
a Class 2 or greater offense under the Illinois
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10 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, revoke | ||||||
12 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
13 | of this
Section.
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14 | (c) Reasonable notice of such application by the defendant | ||||||
15 | shall be
given to the State.
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16 | (d) Reasonable notice of such application by the State | ||||||
17 | shall be
given to the defendant, except as provided in | ||||||
18 | subsection (e).
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19 | (e) Upon verified application by the State stating facts or
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20 | circumstances constituting a violation or a threatened
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21 | violation of any of the
conditions of the bail bond the court | ||||||
22 | may issue a warrant commanding any
peace officer to bring the | ||||||
23 | defendant without unnecessary delay before
the court for a | ||||||
24 | hearing on the matters set forth in the application. If
the | ||||||
25 | actual court before which the proceeding is pending is absent | ||||||
26 | or
otherwise unavailable another court may issue a warrant |
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1 | pursuant to this
Section. When the defendant is charged with a | ||||||
2 | felony offense and while
free on bail is charged with a | ||||||
3 | subsequent felony offense and is the subject
of a proceeding | ||||||
4 | set forth in Section 109-1 or 109-3 of this Code, upon the
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5 | filing of a verified petition by the State alleging a violation | ||||||
6 | of Section
110-10 (a) (4) of this Code, the court shall without | ||||||
7 | prior notice to the
defendant, grant leave to file such | ||||||
8 | application and shall order the
transfer of the defendant and | ||||||
9 | the application without unnecessary delay to
the court before | ||||||
10 | which the previous felony matter is pending for a hearing
as | ||||||
11 | provided in subsection (b) or this subsection of this Section. | ||||||
12 | The
defendant shall be held
without bond pending transfer to | ||||||
13 | and a hearing before such court. At
the conclusion of the | ||||||
14 | hearing based on a violation of the conditions of
Section | ||||||
15 | 110-10 of this Code or any special conditions of bail as | ||||||
16 | ordered by
the court the court may enter an order
increasing | ||||||
17 | the amount of bail or alter the conditions of bail as deemed
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18 | appropriate.
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19 | (f) Where the alleged violation consists of the violation | ||||||
20 | of
one or more felony statutes of any jurisdiction which would | ||||||
21 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
22 | offense under the
Illinois Controlled Substances Act, the
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23 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
24 | Community Protection Act and the
defendant is on bail for the | ||||||
25 | alleged
commission of a felony, or where the defendant is on | ||||||
26 | bail for a felony
domestic battery (enhanced pursuant to |
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1 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012), aggravated
domestic battery, | ||||||
3 | aggravated battery, unlawful restraint, aggravated unlawful
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4 | restraint or domestic battery in violation
of item (1) of | ||||||
5 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012
against a
family or household | ||||||
7 | member as defined in Section 112A-3 of this Code and the
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8 | violation is an offense of domestic battery against
the same | ||||||
9 | victim the court shall, on the motion of the State
or its own | ||||||
10 | motion, revoke bail
in accordance with the following | ||||||
11 | provisions:
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12 | (1) The court shall hold the defendant without bail | ||||||
13 | pending
the hearing on the alleged breach; however, if the | ||||||
14 | defendant
is not admitted to bail the
hearing shall be | ||||||
15 | commenced within 10 days from the date the defendant is
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16 | taken into custody or the defendant may not be held any | ||||||
17 | longer without
bail, unless delay is occasioned by the | ||||||
18 | defendant. Where defendant
occasions the delay, the | ||||||
19 | running of the 10 day period is temporarily
suspended and | ||||||
20 | resumes at the termination of the period of delay. Where
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21 | defendant occasions the delay with 5 or fewer days | ||||||
22 | remaining in the 10
day period, the court may grant a | ||||||
23 | period of up to 5 additional days to
the State for good | ||||||
24 | cause shown. The State, however, shall retain the
right to | ||||||
25 | proceed to hearing on the alleged violation at any time, | ||||||
26 | upon
reasonable notice to the defendant and the court.
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1 | (2) At a hearing on the alleged violation the State has | ||||||
2 | the burden
of going forward and proving the violation by | ||||||
3 | clear and convincing
evidence. The evidence shall be | ||||||
4 | presented in open court with the
opportunity to testify, to | ||||||
5 | present witnesses in his behalf, and to
cross-examine | ||||||
6 | witnesses if any are called by the State, and | ||||||
7 | representation
by counsel and
if the defendant is indigent | ||||||
8 | to have counsel appointed for him. The
rules of evidence | ||||||
9 | applicable in criminal trials in this State shall not
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10 | govern the admissibility of evidence at such hearing.
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11 | Information used by the court in its findings or stated in | ||||||
12 | or offered in
connection with hearings for increase or | ||||||
13 | revocation of bail may be by way
of proffer based upon | ||||||
14 | reliable information offered by the State or
defendant. All | ||||||
15 | evidence shall be admissible if it is relevant and reliable
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16 | regardless of whether it would be admissible under the | ||||||
17 | rules of evidence
applicable at criminal trials. A motion | ||||||
18 | by the defendant to suppress
evidence or to suppress a | ||||||
19 | confession shall not be entertained at such a
hearing. | ||||||
20 | Evidence that proof may have been obtained as a result of | ||||||
21 | an
unlawful search and seizure or through improper | ||||||
22 | interrogation is not
relevant to this hearing.
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23 | (3) Upon a finding by the court that the State has | ||||||
24 | established by
clear and convincing evidence that the | ||||||
25 | defendant has committed a
forcible felony or a Class 2 or | ||||||
26 | greater offense under the Illinois Controlled
Substances |
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1 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
2 | Control and Community Protection Act while admitted to | ||||||
3 | bail, or where the
defendant is on bail for a felony | ||||||
4 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
5 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012), aggravated
domestic battery, aggravated | ||||||
7 | battery, unlawful
restraint, aggravated unlawful restraint | ||||||
8 | or domestic battery in violation of
item (1) of subsection | ||||||
9 | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012
against
a family or household member | ||||||
11 | as defined in
Section 112A-3 of this Code and the violation | ||||||
12 | is an offense of domestic
battery, against the same victim, | ||||||
13 | the court
shall revoke the bail of
the defendant and hold | ||||||
14 | the defendant for trial without bail. Neither the
finding | ||||||
15 | of the court nor any transcript or other record of the | ||||||
16 | hearing
shall be admissible in the State's case in chief, | ||||||
17 | but shall be admissible
for impeachment, or as provided in | ||||||
18 | Section 115-10.1 of this Code or in a
perjury proceeding.
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19 | (4) If the bail of any defendant is revoked pursuant to | ||||||
20 | paragraph
(f) (3) of this Section, the defendant may demand | ||||||
21 | and shall be entitled
to be brought to trial on the offense | ||||||
22 | with respect to which he was
formerly released on bail | ||||||
23 | within 90 days after the date on which his
bail was | ||||||
24 | revoked. If the defendant is not brought to trial within | ||||||
25 | the
90 day period required by the preceding sentence, he | ||||||
26 | shall not be held
longer without bail. In computing the 90 |
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1 | day period, the court shall
omit any period of delay | ||||||
2 | resulting from a continuance granted at the
request of the | ||||||
3 | defendant.
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4 | (5) If the defendant either is arrested on a warrant | ||||||
5 | issued pursuant
to this Code or is arrested for an | ||||||
6 | unrelated offense and it is subsequently
discovered that | ||||||
7 | the defendant is a subject of another warrant or warrants
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8 | issued pursuant to this Code, the defendant shall be | ||||||
9 | transferred promptly
to the court which issued such | ||||||
10 | warrant. If, however, the defendant appears
initially | ||||||
11 | before a court other than the court which issued such | ||||||
12 | warrant,
the non-issuing court shall not alter the amount | ||||||
13 | of bail heretofore set on
such warrant unless the court | ||||||
14 | sets forth on the record of proceedings the
conclusions of | ||||||
15 | law and facts which are the basis for such altering of
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16 | another court's bond. The non-issuing court shall not alter | ||||||
17 | another courts
bail set on a warrant unless the interests | ||||||
18 | of justice and public safety are
served by such action.
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19 | (g) The State may appeal any order where the court has | ||||||
20 | increased or reduced
the amount of bail or altered the | ||||||
21 | conditions of the bail bond or granted
bail where it has | ||||||
22 | previously been revoked.
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23 | (Source: P.A. 97-1150, eff. 1-25-13.)
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