Sen. Bill Cunningham
Filed: 4/26/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1980




2 AMENDMENT NO. ______. Amend Senate Bill 1980, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Code of Criminal Procedure of 1963 is 
6amended by changing Sections 110-4 and 110-10 as follows:




7 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)



8 Sec. 110-4. Bailable Offenses. 

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

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

8 physical safety of the alleged victim of the offense and 
9 denial of bail
is necessary to prevent fulfillment of the 
10 threat upon which the charge
is based;
or 
11  (5) unlawful use of weapons in violation of item (4) of 
12 subsection (a) of
Section 24-1 of the
Criminal Code of 1961 
13 or the Criminal Code of 2012 when that offense occurred in 
14 a school or in any
conveyance owned,
leased, or contracted 
15 by a school to transport students to or from school or a

16 school-related
activity, or on any public way within 1,000 
17 feet of real property comprising
any school, a violation of 
18 Section 24-1.2, 24-1.2-5, 24-1.6, or 24-1.7 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012, or a violation 
20 of Section 24-1.1 of the Criminal Code of 1961 or the 
21 Criminal Code of 2012 if the defendant has previously been 
22 convicted of a forcible felony as defined in Section 2-8 of 
23 the Criminal Code of 2012, where
the court, after a 
24 hearing, determines that the release of the defendant would

25 pose a real and
present threat to the physical safety of 
26 any person and denial of bail is
necessary to prevent

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

10 (a-5) If bail is set for any offense under this Section 
11including, but not limited to, an offense in paragraph (5) of 
12subsection (a) of this Section, the State's Attorney may 
13request a source of bail hearing under subsection (b-5) of 
14Section 110-5 of this Article. 
15 (b) A person seeking release on bail who is charged with a 
16capital
offense or an offense for which a sentence of life 
17imprisonment may be
imposed shall not be bailable until a 
18hearing is held wherein such person
has the burden of 
19demonstrating that the proof of his guilt is not evident
and 
20the presumption is not great.

21 (c) Where it is alleged that bail should be denied to a 
22person upon the
grounds that the person presents a real and 
23present threat to the physical
safety of any person or persons, 
24the burden of proof of such allegations
shall be upon the 
25State.

26 (d) When it is alleged that bail should be denied to a 
 
 
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1person
charged with stalking or aggravated stalking upon the 
2grounds set forth in
Section 110-6.3 of this Code, the burden 
3of proof of those allegations shall be
upon the State.

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





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



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

7 (a) If a person is released prior to conviction, either 
8upon payment of
bail security or on his or her own 
9recognizance, the conditions of the bail
bond shall be that he 
10or she will:


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


14  (2) Submit himself or herself to the orders and process 
15 of the court;


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


17  (4) Not violate any criminal statute of any 
18 jurisdiction;


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

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

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

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

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

15 finding of not guilty is by reason of insanity; or 

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

24 property comprising any school.

25 Psychological evaluations ordered pursuant to this Section 
26shall be completed
promptly
and made available to the State, 
 
 
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1the defendant, and the court. As a further
condition of bail 
2under
these circumstances, the court shall order the defendant 
3to refrain from
entering upon the
property of the school, 
4including any conveyance owned, leased, or contracted
by a 
5school to
transport students to or from school or a 
6school-related activity, or on any public way within
1,000 feet 
7of real property comprising any school. Upon receipt of the 
8psychological evaluation,
either the State or the defendant may 
9request a change in the conditions of bail, pursuant to
Section 
10110-6 of this Code. The court may change the conditions of bail 
11to include a
requirement that the defendant follow the 
12recommendations of the psychological evaluation,
including 
13undergoing psychiatric treatment. The conclusions of the

14psychological evaluation and
any statements elicited from the 
15defendant during its administration are not
admissible as 
16evidence
of guilt during the course of any trial on the charged 
17offense, unless the
defendant places his or her
mental 
18competency in issue.

19 (b) The court may impose other conditions, such as the 
20following, if the
court finds that such conditions are 
21reasonably necessary to assure the
defendant's appearance in 
22court, protect the public from the defendant, or
prevent the 
23defendant's unlawful interference with the orderly 
24administration
of justice:


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


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


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


5  (4) Refrain from going to certain described 
6 geographical areas or
premises;


7  (5) Refrain from engaging in certain activities or 
8 indulging in
intoxicating liquors or in certain drugs;


9  (6) Undergo treatment for drug addiction or 
10 alcoholism;


11  (7) Undergo medical or psychiatric treatment;


12  (8) Work or pursue a course of study or vocational 
13 training;


14  (9) Attend or reside in a facility designated by the 
15 court;


16  (10) Support his or her dependents;


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


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


22  (13) Remain in the custody of such designated person or 
23 organization
agreeing to supervise his release. Such third 
24 party custodian shall be
responsible for notifying the 
25 court if the defendant fails to observe the
conditions of 
26 release which the custodian has agreed to monitor, and 
 
 
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1 shall
be subject to contempt of court for failure so to 
2 notify the court;


3  (14) Be placed under direct supervision of the Pretrial 
4 Services
Agency, Probation Department or Court Services 
5 Department in a pretrial
bond home supervision capacity 
6 with or without the use of an approved
electronic 
7 monitoring device subject to Article 8A of Chapter V of the

8 Unified Code of Corrections;


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


16  (14.2) The court shall impose upon all defendants, 
17 including those
defendants subject to paragraph (14.1) 
18 above, 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 the use of an
approved monitoring device, as a 
22 condition of such bail bond, a fee
which shall represent 
23 costs incidental to such
electronic monitoring for each day 
24 of such bail supervision ordered by the
court, unless after 
25 determining the inability of the defendant to pay the fee,

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


25  (14.3) The Chief Judge of the Judicial Circuit may 
26 establish reasonable
fees to be paid by a person receiving 
 
 
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1 pretrial services while under supervision
of a pretrial 
2 services agency, probation department, or court services

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


13  (14.4) For persons charged with violating Section 
14 11-501 of the Illinois
Vehicle Code, refrain from operating 
15 a motor vehicle not equipped with an
ignition interlock 
16 device, as defined in Section 1-129.1 of the Illinois

17 Vehicle Code,
pursuant to the rules promulgated by the 
18 Secretary of State for the
installation of ignition

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

23 defendant's employment;


24  (15) Comply with the terms and conditions of an order 
25 of protection
issued by the court under the Illinois 
26 Domestic Violence Act of 1986 or an
order of protection 
 
 
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1 issued by the court of another state, tribe, or United

2 States territory;


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


5  (17) Such other reasonable conditions as the court may 
6 impose.

7 (c) When a person is charged with an offense under Section 
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

912-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
10Criminal Code of 2012, involving a victim who is a
minor under 
1118 years of age living in the same household with the defendant

12at the time of the offense, in granting bail or releasing the 
13defendant on
his own recognizance, the judge shall impose 
14conditions to restrict the
defendant's access to the victim 
15which may include, but are not limited to
conditions that he 
16will:


17  1. Vacate the household.


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


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

21 (d) When a person is charged with a criminal offense and 
22the victim is
a family or household member as defined in 
23Article 112A, conditions shall
be imposed at the time of the 
24defendant's release on bond that restrict the
defendant's 
25access to the victim.
Unless provided otherwise by the court, 
26the
restrictions shall include
requirements that the defendant 
 
 
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1do the following:


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


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

8 (e) Local law enforcement agencies shall develop 
9standardized bond forms
for use in cases involving family or 
10household members as defined in
Article 112A, including 
11specific conditions of bond as provided in
subsection (d). 
12Failure of any law enforcement department to develop or use

13those forms shall in no way limit the applicability and 
14enforcement of
subsections (d) and (f).

15 (f) If the defendant is admitted to bail after conviction 
16the
conditions of the bail bond shall be that he will, in 
17addition to the
conditions set forth in subsections (a) and (b) 
18hereof:


19  (1) Duly prosecute his appeal;


20  (2) Appear at such time and place as the court may 
21 direct;


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


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


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

2 (g) Upon a finding of guilty for any felony offense, the 
3defendant shall
physically surrender, at a time and place 
4designated by the court,
any and all firearms in his or her 
5possession and his or her Firearm Owner's
Identification Card 
6as a condition of remaining on bond pending sentencing.

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