Bill Text: IL SB3567 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that subject to certain exceptions, a person who is charged with a violent crime shall appear before the court for the setting of bail and the establishment of bond conditions. Establishes factors that the court shall consider before setting bail and bond conditions for a person who appears before the court because the person is charged with a violent crime. Provides that upon the court's own motion or the motion of a party and upon any terms that the court may direct, the court may permit a person, who is required to appear before it because the person is charged with a violent crime, to appear by video conferencing equipment. Provides that if, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court because the person is charged with a violent crime is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court: (1) a bail bond secured by a deposit of 10% of the amount of the bond in cash; or (2) a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person. Provides that the statute does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime as defined in these provisions from appearing before the court for the setting of bail. Defines "violent crime".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3567 Detail]

Download: Illinois-2019-SB3567-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3567

Introduced 2/13/2020, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5.3 new
725 ILCS 5/110-10 from Ch. 38, par. 110-10

Amends the Code of Criminal Procedure of 1963. Provides that subject to certain exceptions, a person who is charged with a violent crime shall appear before the court for the setting of bail and the establishment of bond conditions. Establishes factors that the court shall consider before setting bail and bond conditions for a person who appears before the court because the person is charged with a violent crime. Provides that upon the court's own motion or the motion of a party and upon any terms that the court may direct, the court may permit a person, who is required to appear before it because the person is charged with a violent crime, to appear by video conferencing equipment. Provides that if, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court because the person is charged with a violent crime is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court: (1) a bail bond secured by a deposit of 10% of the amount of the bond in cash; or (2) a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person. Provides that the statute does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime as defined in these provisions from appearing before the court for the setting of bail. Defines "violent crime".
LRB101 18613 RLC 68068 b

A BILL FOR

SB3567LRB101 18613 RLC 68068 b
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 Code of Criminal Procedure of 1963 is
5amended by changing Section 110-10 and by adding Section
6110-5.3 as follows:
7 (725 ILCS 5/110-5.3 new)
8 Sec. 110-5.3. Bail for persons charged with violent crimes.
9 (a) In this Section, "violent crime" means:
10 (1) any felony in which force or threat of force was
11 used against the victim;
12 (2) any offense involving sexual exploitation, sexual
13 conduct, or sexual penetration;
14 (3) a violation of Section 11-20.1, 11-20.1B, 11-20.3,
15 11-23, or 11-23.5 of the Criminal Code of 1961 or the
16 Criminal Code of 2012;
17 (4) domestic battery or stalking;
18 (5) violation of an order of protection, a civil no
19 contact order, or a stalking no contact order;
20 (6) any misdemeanor which results in death or great
21 bodily harm;
22 (7) any misdemeanor which involved the use or threat of
23 use of a deadly weapon; or

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1 (8) any violation of Section 9-3 of the Criminal Code
2 of 1961 or the Criminal Code of 2012, or Section 11-501 of
3 the Illinois Vehicle Code, or a similar provision of a
4 local ordinance, if the violation resulted in serious
5 injury or death.
6 "Violent crime" also includes any action committed by a
7juvenile that would be a violent crime if committed by an
8adult.
9 (b) Subject to subsection (d), a person who is charged with
10a violent crime shall appear before the court for the setting
11of bail and the establishment of bond conditions.
12 (c) The court shall consider all the following, in addition
13to any other circumstances considered by the court, before
14setting bail and bond conditions for a person who appears
15before the court under subsection (b):
16 (1) whether the person has a history of domestic
17 violence or a history of other violent acts;
18 (2) the mental health of the person;
19 (3) whether the person has a history of violating the
20 orders of any court or government entity;
21 (4) whether the person is potentially a threat to any
22 other person;
23 (5) whether the person has access to deadly weapons or
24 any history of using deadly weapons;
25 (6) whether the person has a history of abusing alcohol
26 or any controlled substance;

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1 (7) the severity of the alleged violence that is the
2 basis of the alleged offense, including, but not limited
3 to, the duration of the alleged violent incident, and
4 whether the alleged violent incident involved serious
5 physical injury, sexual assault, strangulation, abuse
6 during the alleged victim's pregnancy, abuse of pets, or
7 forcible entry to gain access to the alleged victim;
8 (8) whether a separation of the person from the alleged
9 victim or a termination of the relationship between the
10 person and the alleged victim has recently occurred or is
11 pending;
12 (9) whether the person has exhibited obsessive or
13 controlling behaviors toward the alleged victim,
14 including, but not limited to, stalking, surveillance, or
15 isolation of the alleged victim;
16 (10) whether the person has expressed suicidal or
17 homicidal ideations; and
18 (11) any information contained in the complaint and any
19 police reports, affidavits, or other documents
20 accompanying the complaint.
21 (d) Upon the court's own motion or the motion of a party
22and upon any terms that the court may direct, the court may
23permit a person, who is required to appear before it because
24the person is charged with a violent crime, to appear by video
25conferencing equipment. If, in the opinion of the court, the
26appearance in person or by video conferencing equipment of a

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1person who is charged with a misdemeanor and who is required to
2appear before the court because the person is charged with a
3violent crime is not practicable, the court may waive the
4appearance and release the person on bail on one or both of the
5following types of bail in an amount set by the court:
6 (1) a bail bond secured by a deposit of 10% of the
7 amount of the bond in cash; or
8 (2) a surety bond, a bond secured by real estate or
9 securities as allowed by law, or the deposit of cash, at
10 the option of the person.
11 (e) This Section does not create a right in a person to
12appear before the court for the setting of bail or prohibit a
13court from requiring any person charged with a violent crime
14who is not described in subsection (a) from appearing before
15the court for the setting of bail.
16 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
17 Sec. 110-10. Conditions of bail bond.
18 (a) If a person is released prior to conviction, either
19upon payment of bail security or on his or her own
20recognizance, the conditions of the bail bond shall be that he
21or she will:
22 (1) Appear to answer the charge in the court having
23 jurisdiction on a day certain and thereafter as ordered by
24 the court until discharged or final order of the court;
25 (2) Submit himself or herself to the orders and process

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1 of the court;
2 (3) Not depart this State without leave of the court;
3 (4) Not violate any criminal statute of any
4 jurisdiction;
5 (5) At a time and place designated by the court, but in
6 no circumstances greater than 72 hours from the time of the
7 entry of such order, surrender all firearms in his or her
8 possession to a law enforcement officer designated by the
9 court to take custody of and impound the firearms and
10 physically surrender his or her Firearm Owner's
11 Identification Card to the clerk of the circuit court when
12 the offense the person has been charged with is a forcible
13 felony, stalking, aggravated stalking, domestic battery,
14 battery, aggravated battery, any offense that causes great
15 bodily harm or involves the use of a deadly weapon, any
16 violation of the Illinois Controlled Substances Act, the
17 Methamphetamine Control and Community Protection Act, or
18 the Cannabis Control Act that is classified as a Class 2 or
19 greater felony, or any felony violation of Article 24 of
20 the Criminal Code of 1961 or the Criminal Code of 2012; the
21 court may, however, forgo the imposition of this condition
22 when the circumstances of the case clearly do not warrant
23 it or when its imposition would be impractical; if the
24 Firearm Owner's Identification Card is confiscated, the
25 clerk of the circuit court shall mail the confiscated card
26 to the Illinois State Police; all legally possessed

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1 firearms shall be returned to the person upon the charges
2 being dismissed, or if the person is found not guilty,
3 unless the finding of not guilty is by reason of insanity;
4 and
5 (6) At a time and place designated by the court, submit
6 to a psychological evaluation when the person has been
7 charged with a violation of item (4) of subsection (a) of
8 Section 24-1 of the Criminal Code of 1961 or the Criminal
9 Code of 2012 and that violation occurred in a school or in
10 any conveyance owned, leased, or contracted by a school to
11 transport students to or from school or a school-related
12 activity, or on any public way within 1,000 feet of real
13 property comprising any school.
14 Psychological evaluations ordered pursuant to this Section
15shall be completed promptly and made available to the State,
16the defendant, and the court. As a further condition of bail
17under these circumstances, the court shall order the defendant
18to refrain from entering upon the property of the school,
19including any conveyance owned, leased, or contracted by a
20school to transport students to or from school or a
21school-related activity, or on any public way within 1,000 feet
22of real property comprising any school. Upon receipt of the
23psychological evaluation, either the State or the defendant may
24request a change in the conditions of bail, pursuant to Section
25110-6 of this Code. The court may change the conditions of bail
26to include a requirement that the defendant follow the

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

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

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1 supervision of the Pretrial Services Agency, Probation
2 Department or Court Services Department in a pretrial bond
3 home supervision capacity with the use of an approved
4 monitoring device, as a condition of such bail bond, a fee
5 that represents costs incidental to the electronic
6 monitoring for each day of such bail supervision ordered by
7 the court, unless after determining the inability of the
8 defendant to pay the fee, the court assesses a lesser fee
9 or no fee as the case may be. The fee shall be collected by
10 the clerk of the circuit court, except as provided in an
11 administrative order of the Chief Judge of the circuit
12 court. The clerk of the circuit court shall pay all monies
13 collected from this fee to the county treasurer for deposit
14 in the substance abuse services fund under Section 5-1086.1
15 of the Counties Code, except as provided in an
16 administrative order of the Chief Judge of the circuit
17 court.
18 The Chief Judge of the circuit court of the county may
19 by administrative order establish a program for electronic
20 monitoring of offenders with regard to drug-related and
21 alcohol-related offenses, in which a vendor supplies and
22 monitors the operation of the electronic monitoring
23 device, and collects the fees on behalf of the county. The
24 program shall include provisions for indigent offenders
25 and the collection of unpaid fees. The program shall not
26 unduly burden the offender and shall be subject to review

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1 by the Chief Judge.
2 The Chief Judge of the circuit court may suspend any
3 additional charges or fees for late payment, interest, or
4 damage to any device;
5 (14.2) The court shall impose upon all defendants,
6 including those defendants subject to paragraph (14.1)
7 above, placed under direct supervision of the Pretrial
8 Services Agency, Probation Department or Court Services
9 Department in a pretrial bond home supervision capacity
10 with the use of an approved monitoring device, as a
11 condition of such bail bond, a fee which shall represent
12 costs incidental to such electronic monitoring for each day
13 of such bail supervision ordered by the court, unless after
14 determining the inability of the defendant to pay the fee,
15 the court assesses a lesser fee or no fee as the case may
16 be. The fee shall be collected by the clerk of the circuit
17 court, except as provided in an administrative order of the
18 Chief Judge of the circuit court. The clerk of the circuit
19 court shall pay all monies collected from this fee to the
20 county treasurer who shall use the monies collected to
21 defray the costs of corrections. The county treasurer shall
22 deposit the fee collected in the county working cash fund
23 under Section 6-27001 or Section 6-29002 of the Counties
24 Code, as the case may be, except as provided in an
25 administrative order of the Chief Judge of the circuit
26 court.

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

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1 her ability to pay those costs;
2 (14.4) For persons charged with violating Section
3 11-501 of the Illinois Vehicle Code, refrain from operating
4 a motor vehicle not equipped with an ignition interlock
5 device, as defined in Section 1-129.1 of the Illinois
6 Vehicle Code, pursuant to the rules promulgated by the
7 Secretary of State for the installation of ignition
8 interlock devices. Under this condition the court may allow
9 a defendant who is not self-employed to operate a vehicle
10 owned by the defendant's employer that is not equipped with
11 an ignition interlock device in the course and scope of the
12 defendant's employment;
13 (15) Comply with the terms and conditions of an order
14 of protection issued by the court under the Illinois
15 Domestic Violence Act of 1986 or an order of protection
16 issued by the court of another state, tribe, or United
17 States territory;
18 (16) Under Section 110-6.5 comply with the conditions
19 of the drug testing program; and
20 (17) Such other reasonable conditions as the court may
21 impose.
22 (c) When a person is charged with an offense under Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
25Criminal Code of 2012, involving a victim who is a minor under
2618 years of age living in the same household with the defendant

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1at the time of the offense, in granting bail or releasing the
2defendant on his own recognizance, the judge shall impose
3conditions to restrict the defendant's access to the victim
4which may include, but are not limited to conditions that he
5will:
6 1. Vacate the household.
7 2. Make payment of temporary support to his dependents.
8 3. Refrain from contact or communication with the child
9 victim, except as ordered by the court.
10 (d) When a person is charged with a criminal offense and
11the victim is a family or household member as defined in
12Article 112A, conditions shall be imposed at the time of the
13defendant's release on bond that restrict the defendant's
14access to the victim. Unless provided otherwise by the court,
15the restrictions shall include requirements that the defendant
16do the following:
17 (1) refrain from contact or communication with the
18 victim for a minimum period of 72 hours following the
19 defendant's release; and
20 (2) refrain from entering or remaining at the victim's
21 residence for a minimum period of 72 hours following the
22 defendant's release.
23 (e) Local law enforcement agencies shall develop
24standardized bond forms for use in cases involving family or
25household members as defined in Article 112A, including
26specific conditions of bond as provided in subsection (d).

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1Failure of any law enforcement department to develop or use
2those forms shall in no way limit the applicability and
3enforcement of subsections (d) and (f).
4 (f) If the defendant is admitted to bail after conviction
5the conditions of the bail bond shall be that he will, in
6addition to the conditions set forth in subsections (a) and (b)
7hereof:
8 (1) Duly prosecute his appeal;
9 (2) Appear at such time and place as the court may
10 direct;
11 (3) Not depart this State without leave of the court;
12 (4) Comply with such other reasonable conditions as the
13 court may impose; and
14 (5) If the judgment is affirmed or the cause reversed
15 and remanded for a new trial, forthwith surrender to the
16 officer from whose custody he was bailed.
17 (g) Upon a finding of guilty for any felony offense, the
18defendant shall physically surrender, at a time and place
19designated by the court, any and all firearms in his or her
20possession and his or her Firearm Owner's Identification Card
21as a condition of remaining on bond pending sentencing.
22 (h) In the event the defendant is unable to post bond, the
23court may impose a no contact provision with the victim or
24other interested party that shall be enforced while the
25defendant remains in custody.
26(Source: P.A. 101-138, eff. 1-1-20.)
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