Bill Text: IL SB2564 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the Chief Judge of the Circuit Court of a county may decide not to implement a provision by local court rule that requires a person charged with an offense to be allowed counsel at the hearing at which bail is determined and if the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing. Provides that the Chief Judge of the Circuit Court of a county may decide not to implement a provision requiring that a person in custody for a Category B offense due to an inability to post monetary bail be brought before the court at the next available court date or 7 calendar days from the date bail was set, whichever is earlier, for a rehearing on the amount or conditions of bail or release pending further court proceedings. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB2564 Detail]

Download: Illinois-2017-SB2564-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2564 Introduced 2/6/2018, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/110-6 from Ch. 38, par. 110-6
Amends the Code of Criminal Procedure of 1963. Provides that the Chief Judge of the Circuit Court of a county may decide not to implement a provision by local court rule that requires a person charged with an offense to be allowed counsel at the hearing at which bail is determined and if the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing. Provides that the Chief Judge of the Circuit Court of a county may decide not to implement a provision requiring that a person in custody for a Category B offense due to an inability to post monetary bail be brought before the court at the next available court date or 7 calendar days from the date bail was set, whichever is earlier, for a rehearing on the amount or conditions of bail or release pending further court proceedings. 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 Code of Criminal Procedure of 1963 is
amended by changing Sections 109-1 and 110-6 as follows:
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
bail to the defendant may not be conducted by way of closed
circuit television.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which bail is determined under
Article 110 of this Code. If the defendant desires counsel for
his or her initial appearance but is unable to obtain counsel,

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the court shall appoint a public defender or licensed attorney
at law of this State to represent him or her for purposes of
that hearing. The Chief Judge of the Circuit Court of a county
may decide not to implement this subsection (a-5) by local
court rule.
(b) The judge shall:
(1) Inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) Advise the defendant of his right to counsel and if
indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) Schedule a preliminary hearing in appropriate
cases;
(4) Admit the defendant to bail in accordance with the
provisions of Article 110 of this Code; and
(5) Order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses Act,
if the judge determines, based on the factors in Section
110-5 of this Code, that this will reasonably ensure the
appearance of the defendant and compliance by the defendant
with all conditions of release.
(c) The court may issue an order of protection in

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accordance with the provisions of Article 112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a defendant
before his or her first appearance in court, the court shall
grant any reasonable request for a continuance of the
proceedings to allow contact with the defendant's consulate.
Any delay caused by the granting of the request by a defendant
shall temporarily suspend for the time of the delay the period
within which a person shall be tried as prescribed by
subsections (a), (b), or (e) of Section 103-5 of this Code and
on the day of the expiration of delay the period shall continue
at the point at which it was suspended.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
eff. 1-1-18.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Modification of bail or conditions.
(a) Upon verified application by the State or the defendant

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or on its own motion the court before which the proceeding is
pending may increase or reduce the amount of bail or may alter
the conditions of the bail bond or grant bail where it has been
previously revoked or denied. If bail has been previously
revoked pursuant to subsection (f) of this Section or if bail
has been denied to the defendant pursuant to subsection (e) of
Section 110-6.1 or subsection (e) of Section 110-6.3, the
defendant shall be required to present a verified application
setting forth in detail any new facts not known or obtainable
at the time of the previous revocation or denial of bail
proceedings. If the court grants bail where it has been
previously revoked or denied, the court shall state on the
record of the proceedings the findings of facts and conclusion
of law upon which such order is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody for a Category B
offense due to an inability to post monetary bail shall be
brought before the court at the next available court date or 7
calendar days from the date bail was set, whichever is earlier,
for a rehearing on the amount or conditions of bail or release
pending further court proceedings. The court may reconsider
conditions of release for any other person whose inability to
post monetary bail is the sole reason for continued
incarceration, including a person in custody for a Category A
offense. The Chief Judge of the Circuit Court of a county may
decide not to implement this subsection (a-5) by local court

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rule.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of bail as ordered by the court
shall constitute grounds for the court to increase the amount
of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in
Illinois or a Class 2 or greater offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, revoke
bail pursuant to the appropriate provisions of subsection (e)
of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).
(e) Upon verified application by the State stating facts or
circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on bail is charged with a

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subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a violation
of Section 110-10 (a) (4) of this Code, the court shall without
prior notice to the defendant, grant leave to file such
application and shall order the transfer of the defendant and
the application without unnecessary delay to the court before
which the previous felony matter is pending for a hearing as
provided in subsection (b) or this subsection of this Section.
The defendant shall be held without bond pending transfer to
and a hearing before such court. At the conclusion of the
hearing based on a violation of the conditions of Section
110-10 of this Code or any special conditions of bail as
ordered by the court the court may enter an order increasing
the amount of bail or alter the conditions of bail as deemed
appropriate.
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012), aggravated domestic battery,

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aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation of item (1) of
subsection (a) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke bail in accordance with the following
provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if the
defendant is not admitted to bail the hearing shall be
commenced within 10 days from the date the defendant is
taken into custody or the defendant may not be held any
longer without bail, unless delay is occasioned by the
defendant. Where defendant occasions the delay, the
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State has
the burden of going forward and proving the violation by

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clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify, to
present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or
revocation of bail may be by way of proffer based upon
reliable information offered by the State or defendant. All
evidence shall be admissible if it is relevant and reliable
regardless of whether it would be admissible under the
rules of evidence applicable at criminal trials. A motion
by the defendant to suppress evidence or to suppress a
confession shall not be entertained at such a hearing.
Evidence that proof may have been obtained as a result of
an unlawful search and seizure or through improper
interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act while admitted to

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bail, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of
Section 12-3.2 of the Criminal Code of 1961 or the Criminal
Code of 2012), aggravated domestic battery, aggravated
battery, unlawful restraint, aggravated unlawful restraint
or domestic battery in violation of item (1) of subsection
(a) of Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012 against a family or household member
as defined in Section 112A-3 of this Code and the violation
is an offense of domestic battery, against the same victim,
the court shall revoke the bail of the defendant and hold
the defendant for trial without bail. Neither the finding
of the court nor any transcript or other record of the
hearing shall be admissible in the State's case in chief,
but shall be admissible for impeachment, or as provided in
Section 115-10.1 of this Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked pursuant to
paragraph (f) (3) of this Section, the defendant may demand
and shall be entitled to be brought to trial on the offense
with respect to which he was formerly released on bail
within 90 days after the date on which his bail was
revoked. 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

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defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such
warrant, the non-issuing court shall not alter the amount
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another courts
bail set on a warrant unless the interests of justice and
public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.