Sen. Bill Cunningham
Filed: 3/10/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1980




2 AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Sections 110-4 and 110-10 as follows:




6 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)



7 Sec. 110-4. Bailable Offenses. 

8 (a) All persons shall be bailable before conviction, except 
9the
following offenses where the proof is evident or the 
10presumption great that
the defendant is guilty of the offense: 
11  (1) capital offenses; 
12  (2) offenses for
which a sentence of life imprisonment 
13 may be imposed as a consequence of
conviction;
14  (3) felony offenses for which a sentence of 
15 imprisonment,
without conditional and revocable release, 
16 shall be imposed
by law as a consequence of conviction, 
 
 
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1 where the court after a hearing,
determines that the 
2 release of the defendant would pose a real and present

3 threat to the physical safety of any person or persons; 
4  (4) stalking or
aggravated stalking, where the court, 
5 after a hearing, determines that the
release of the 
6 defendant would pose a real and present threat to the

7 physical safety of the alleged victim of the offense and 
8 denial of bail
is necessary to prevent fulfillment of the 
9 threat upon which the charge
is based;
or 
10  (5) a violation of Section 24-1.1, 24-1.2, 24-1.2-5, 
11 24-1.6, 24-1.7, or 24-1.8 of the Criminal Code of 1961 or 
12 the Criminal Code of 2012 or unlawful use of weapons in 
13 violation of item (4) of subsection (a) of
Section 24-1 of 
14 the
Criminal Code of 1961 or the Criminal Code of 2012 when 
15 that offense occurred in a school or in any
conveyance 
16 owned,
leased, or contracted by a school to transport 
17 students to or from school or a
school-related
activity, or 
18 on any public way within 1,000 feet of real property 
19 comprising
any school, where
the court, after a hearing, 
20 determines that the release of the defendant would
pose a 
21 real and
present threat to the physical safety of any 
22 person and denial of bail is
necessary to prevent

23 fulfillment of that threat; or 
24  (6) making a terrorist threat in violation of
Section 
25 29D-20 of the Criminal Code of 1961 or the Criminal Code of 
26 2012 or an attempt to commit the offense of making a 
 
 
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1 terrorist threat, where the court, after a hearing, 
2 determines that the release of the defendant would pose a 
3 real and present threat to the physical safety of any 
4 person and denial of bail is necessary to prevent 
5 fulfillment of that threat.

6 (a-5) If bail is set for any offense under this Section 
7including, but not limited to, an offense in paragraph (5) of 
8subsection (a) of this Section, the State's Attorney may 
9request a source of bail hearing under subsection (b-5) of 
10Section 110-5 of this Article. 
11 (b) A person seeking release on bail who is charged with a 
12capital
offense or an offense for which a sentence of life 
13imprisonment may be
imposed shall not be bailable until a 
14hearing is held wherein such person
has the burden of 
15demonstrating that the proof of his guilt is not evident
and 
16the presumption is not great.

17 (c) Where it is alleged that bail should be denied to a 
18person upon the
grounds that the person presents a real and 
19present threat to the physical
safety of any person or persons, 
20the burden of proof of such allegations
shall be upon the 
21State.

22 (d) When it is alleged that bail should be denied to a 
23person
charged with stalking or aggravated stalking upon the 
24grounds set forth in
Section 110-6.3 of this Code, the burden 
25of proof of those allegations shall be
upon the State.

26(Source: P.A. 97-1150, eff. 1-25-13.)





 
 
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1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



2 Sec. 110-10. Conditions of bail bond. 

3 (a) If a person is released prior to conviction, either 
4upon payment of
bail security or on his or her own 
5recognizance, the conditions of the bail
bond shall be that he 
6or she will:


7  (1) Appear to answer the charge in the court having 
8 jurisdiction on
a day certain and thereafter as ordered by 
9 the court until discharged or
final order of the court;


10  (2) Submit himself or herself to the orders and process 
11 of the court;


12  (3) Not depart this State without leave of the court;


13  (4) Not violate any criminal statute of any 
14 jurisdiction;


15  (5) At a time and place designated by the court, 
16 surrender all firearms
in his or her possession to a law 
17 enforcement officer designated by the court
to take custody 
18 of and impound the firearms
and physically
surrender his or 
19 her Firearm Owner's Identification Card to the clerk of the

20 circuit court
when the offense the person has
been charged 
21 with is a forcible felony, stalking, aggravated stalking, 
22 domestic
battery, any violation of the Illinois Controlled 
23 Substances Act, the Methamphetamine Control and Community 
24 Protection Act, or the
Cannabis Control Act that is 
25 classified as a Class 2 or greater felony, or any
felony 
 
 
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1 violation of Article 24 of the Criminal Code of 1961 or the 
2 Criminal Code of 2012 not subject to paragraph (5.5) of 
3 this Section; the court
may,
however, forgo the imposition 
4 of this condition when the
circumstances of the
case 
5 clearly do not warrant it or when its imposition would be

6 impractical;
if the Firearm Owner's Identification Card is 
7 confiscated, the clerk of the circuit court shall mail the 
8 confiscated card to the Department of Illinois State 
9 Police; all legally possessed firearms shall be returned to 
10 the person upon
the charges being dismissed, or if the 
11 person is found not guilty, unless the
finding of not 
12 guilty is by reason of insanity; and

13  (5.5) At a time and place designated by the court, 
14 surrender all firearms
in his or her possession to a law 
15 enforcement officer designated by the court
to take custody 
16 of and impound the firearms
and physically
surrender his or 
17 her Firearm Owner's Identification Card to the clerk of the

18 circuit court
when the offense the person has
been charged 
19 with is a violation of paragraph (4) of subsection (a) of 
20 Section 24-1 of the Criminal Code of 1961 or Criminal Code 
21 of 2012, when that offense occurred in a school or in any 
22 conveyance owned, leased, or contracted by a school to 
23 transport students to or from school or a school-related 
24 activity, or on any public way within 1,000 feet of real 
25 property comprising any school, or a violation of Section 
26 24-1.1, 24-1.2, 24-1.25, 24-1.6, 24-4.7, or 24-1.8 of the 
 
 
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1 Criminal Code of 1961 or the Criminal Code of 2012; if the 
2 Firearm Owner's Identification Card is confiscated, the 
3 clerk of the circuit court shall mail the confiscated card 
4 to the Department of State Police; all legally possessed 
5 firearms shall be returned to the person upon
the charges 
6 being dismissed, or if the person is found not guilty, 
7 unless the
finding of not guilty is by reason of insanity; 
8 and 

9  (6) At a time and place designated by the court, submit 
10 to a
psychological
evaluation when the person has been 
11 charged with a violation of item (4) of
subsection
(a) of 
12 Section 24-1 of the Criminal Code of 1961 or the Criminal 
13 Code of 2012 and that violation occurred in
a school
or in 
14 any conveyance owned, leased, or contracted by a school to 
15 transport
students to or
from school or a school-related 
16 activity, or on any public way within 1,000
feet of real

17 property comprising any school.

18 Psychological evaluations ordered pursuant to this Section 
19shall be completed
promptly
and made available to the State, 
20the defendant, and the court. As a further
condition of bail 
21under
these circumstances, the court shall order the defendant 
22to refrain from
entering upon the
property of the school, 
23including any conveyance owned, leased, or contracted
by a 
24school to
transport students to or from school or a 
25school-related activity, or on any public way within
1,000 feet 
26of real property comprising any school. Upon receipt of the 
 
 
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1psychological evaluation,
either the State or the defendant may 
2request a change in the conditions of bail, pursuant to
Section 
3110-6 of this Code. The court may change the conditions of bail 
4to include a
requirement that the defendant follow the 
5recommendations of the psychological evaluation,
including 
6undergoing psychiatric treatment. The conclusions of the

7psychological evaluation and
any statements elicited from the 
8defendant during its administration are not
admissible as 
9evidence
of guilt during the course of any trial on the charged 
10offense, unless the
defendant places his or her
mental 
11competency in issue.

12 (b) The court may impose other conditions, such as the 
13following, if the
court finds that such conditions are 
14reasonably necessary to assure the
defendant's appearance in 
15court, protect the public from the defendant, or
prevent the 
16defendant's unlawful interference with the orderly 
17administration
of justice:


18  (1) Report to or appear in person before such person or 
19 agency as the
court may direct;


20  (2) Refrain from possessing a firearm or other 
21 dangerous weapon;


22  (3) Refrain from approaching or communicating with 
23 particular persons or
classes of persons;


24  (4) Refrain from going to certain described 
25 geographical areas or
premises;


26  (5) Refrain from engaging in certain activities or 
 
 
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1 indulging in
intoxicating liquors or in certain drugs;


2  (6) Undergo treatment for drug addiction or 
3 alcoholism;


4  (7) Undergo medical or psychiatric treatment;


5  (8) Work or pursue a course of study or vocational 
6 training;


7  (9) Attend or reside in a facility designated by the 
8 court;


9  (10) Support his or her dependents;


10  (11) If a minor resides with his or her parents or in a 
11 foster home,
attend school, attend a non-residential 
12 program for youths, and contribute
to his or her own 
13 support at home or in a foster home;


14  (12) Observe any curfew ordered by the court;


15  (13) Remain in the custody of such designated person or 
16 organization
agreeing to supervise his release. Such third 
17 party custodian shall be
responsible for notifying the 
18 court if the defendant fails to observe the
conditions of 
19 release which the custodian has agreed to monitor, and 
20 shall
be subject to contempt of court for failure so to 
21 notify the court;


22  (14) Be placed under direct supervision of the Pretrial 
23 Services
Agency, Probation Department or Court Services 
24 Department in a pretrial
bond home supervision capacity 
25 with or without the use of an approved
electronic 
26 monitoring device subject to Article 8A of Chapter V of the

 
 
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1 Unified Code of Corrections;


2  (14.1) The court shall impose upon a defendant who is 
3 charged with any
alcohol, cannabis, methamphetamine, or 
4 controlled substance violation and is placed under
direct 
5 supervision of the Pretrial Services Agency, Probation 
6 Department or
Court Services Department in a pretrial bond 
7 home supervision capacity with
the use of an approved 
8 monitoring device, as a condition of such bail bond,
a fee 
9 that represents costs incidental to the electronic 
10 monitoring for each
day of such bail supervision ordered by 
11 the
court, unless after determining the inability of the 
12 defendant to pay the
fee, the court assesses a lesser fee 
13 or no fee as the case may be. The fee
shall be collected by 
14 the clerk of the circuit court, except as provided in an 
15 administrative order of the Chief Judge of the circuit 
16 court. The clerk of the
circuit court shall pay all monies 
17 collected from this fee to the county
treasurer for deposit 
18 in the substance abuse services fund under Section
5-1086.1 
19 of the Counties Code, except as provided in an 
20 administrative order of the Chief Judge of the circuit 
21 court.
22  The Chief Judge of the circuit court of the county may 
23 by administrative order establish a program for electronic 
24 monitoring of offenders with regard to drug-related and 
25 alcohol-related offenses, in which a vendor supplies and 
26 monitors the operation of the electronic monitoring 
 
 
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1 device, and collects the fees on behalf of the county. The 
2 program shall include provisions for indigent offenders 
3 and the collection of unpaid fees. The program shall not 
4 unduly burden the offender and shall be subject to review 
5 by the Chief Judge.
6  The Chief Judge of the circuit court may suspend any 
7 additional charges or fees for late payment, interest, or 
8 damage to any device;


9  (14.2) The court shall impose upon all defendants, 
10 including those
defendants subject to paragraph (14.1) 
11 above, placed under direct supervision
of the Pretrial 
12 Services Agency, Probation Department or Court Services

13 Department in a pretrial bond home supervision capacity 
14 with the use of an
approved monitoring device, as a 
15 condition of such bail bond, a fee
which shall represent 
16 costs incidental to such
electronic monitoring for each day 
17 of such bail supervision ordered by the
court, unless after 
18 determining the inability of the defendant to pay the fee,

19 the court assesses a lesser fee or no fee as the case may 
20 be. The fee shall be
collected by the clerk of the circuit 
21 court, except as provided in an administrative order of the 
22 Chief Judge of the circuit court. The clerk of the circuit 
23 court
shall pay all monies collected from this fee to the 
24 county treasurer who shall
use the monies collected to 
25 defray the costs of corrections. The county
treasurer shall 
26 deposit the fee collected in the county working cash fund 
 
 
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1 under
Section 6-27001 or Section 6-29002 of the Counties 
2 Code, as the case may
be, except as provided in an 
3 administrative order of the Chief Judge of the circuit 
4 court.
5  The Chief Judge of the circuit court of the county may 
6 by administrative order establish a program for electronic 
7 monitoring of offenders with regard to drug-related and 
8 alcohol-related offenses, in which a vendor supplies and 
9 monitors the operation of the electronic monitoring 
10 device, and collects the fees on behalf of the county. The 
11 program shall include provisions for indigent offenders 
12 and the collection of unpaid fees. The program shall not 
13 unduly burden the offender and shall be subject to review 
14 by the Chief Judge.
15  The Chief Judge of the circuit court may suspend any 
16 additional charges or fees for late payment, interest, or 
17 damage to any device;


18  (14.3) The Chief Judge of the Judicial Circuit may 
19 establish reasonable
fees to be paid by a person receiving 
20 pretrial services while under supervision
of a pretrial 
21 services agency, probation department, or court services

22 department. Reasonable fees may be charged for pretrial 
23 services
including, but not limited to, pretrial 
24 supervision, diversion programs,
electronic monitoring, 
25 victim impact services, drug and alcohol testing, DNA 
26 testing, GPS electronic monitoring, assessments and 
 
 
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1 evaluations related to domestic violence and other 
2 victims, and
victim mediation services. The person 
3 receiving pretrial services may be
ordered to pay all costs 
4 incidental to pretrial services in accordance with his
or 
5 her ability to pay those costs;


6  (14.4) For persons charged with violating Section 
7 11-501 of the Illinois
Vehicle Code, refrain from operating 
8 a motor vehicle not equipped with an
ignition interlock 
9 device, as defined in Section 1-129.1 of the Illinois

10 Vehicle Code,
pursuant to the rules promulgated by the 
11 Secretary of State for the
installation of ignition

12 interlock devices. Under this condition the court may allow 
13 a defendant who is
not
self-employed to operate a vehicle 
14 owned by the defendant's employer that is
not equipped with 
15 an ignition interlock device in the course and scope of the

16 defendant's employment;


17  (15) Comply with the terms and conditions of an order 
18 of protection
issued by the court under the Illinois 
19 Domestic Violence Act of 1986 or an
order of protection 
20 issued by the court of another state, tribe, or United

21 States territory;


22  (16) Under Section 110-6.5 comply with the conditions 
23 of the drug testing
program; and


24  (17) Such other reasonable conditions as the court may 
25 impose.

26 (c) When a person is charged with an offense under Section 
 
 
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111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
3Criminal Code of 2012, involving a victim who is a
minor under 
418 years of age living in the same household with the defendant

5at the time of the offense, in granting bail or releasing the 
6defendant on
his own recognizance, the judge shall impose 
7conditions to restrict the
defendant's access to the victim 
8which may include, but are not limited to
conditions that he 
9will:


10  1. Vacate the household.


11  2. Make payment of temporary support to his dependents.


12  3. Refrain from contact or communication with the child 
13 victim, except
as ordered by the court.

14 (d) When a person is charged with a criminal offense and 
15the victim is
a family or household member as defined in 
16Article 112A, conditions shall
be imposed at the time of the 
17defendant's release on bond that restrict the
defendant's 
18access to the victim.
Unless provided otherwise by the court, 
19the
restrictions shall include
requirements that the defendant 
20do the following:


21  (1) refrain from contact or communication with the 
22 victim for a
minimum period of 72 hours following the 
23 defendant's release; and


24  (2) refrain from entering or remaining at the victim's 
25 residence for a
minimum period of 72 hours following the 
26 defendant's release.

 
 
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1 (e) Local law enforcement agencies shall develop 
2standardized bond forms
for use in cases involving family or 
3household members as defined in
Article 112A, including 
4specific conditions of bond as provided in
subsection (d). 
5Failure of any law enforcement department to develop or use

6those forms shall in no way limit the applicability and 
7enforcement of
subsections (d) and (f).

8 (f) If the defendant is admitted to bail after conviction 
9the
conditions of the bail bond shall be that he will, in 
10addition to the
conditions set forth in subsections (a) and (b) 
11hereof:


12  (1) Duly prosecute his appeal;


13  (2) Appear at such time and place as the court may 
14 direct;


15  (3) Not depart this State without leave of the court;


16  (4) Comply with such other reasonable conditions as the 
17 court may
impose; and


18  (5) If the judgment is affirmed or the cause reversed 
19 and remanded
for a new trial, forthwith surrender to the 
20 officer from whose custody
he was bailed.

21 (g) Upon a finding of guilty for any felony offense, the 
22defendant shall
physically surrender, at a time and place 
23designated by the court,
any and all firearms in his or her 
24possession and his or her Firearm Owner's
Identification Card 
25as a condition of remaining on bond pending sentencing.

26(Source: P.A. 99-797, eff. 8-12-16.)".