Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3390 Introduced 2/8/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: See Index Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately. LRB103 34144 RLC 69497 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3390 Introduced 2/8/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: See Index See Index Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately. LRB103 34144 RLC 69497 b LRB103 34144 RLC 69497 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3390 Introduced 2/8/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately.
6	6	LRB103 34144 RLC 69497 b LRB103 34144 RLC 69497 b
7	7	LRB103 34144 RLC 69497 b
8	8	A BILL FOR
9	9	SB3390LRB103 34144 RLC 69497 b SB3390 LRB103 34144 RLC 69497 b
10	10	SB3390 LRB103 34144 RLC 69497 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 31-1 as follows:
16	16	6 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
17	17	7 Sec. 31-1. Resisting or obstructing a peace officer,
18	18	8 firefighter, or correctional institution employee.
19	19	9 (a) A person who knowingly:
20	20	10 (1) resists arrest, or
21	21	11 (2) obstructs the performance by one known to the
22	22	12 person to be a peace officer, firefighter, or correctional
23	23	13 institution employee of any authorized act within his or
24	24	14 her official capacity commits a Class A misdemeanor.
25	25	15 (a-5) In addition to any other sentence that may be
26	26	16 imposed, a court shall order any person convicted of resisting
27	27	17 or obstructing a peace officer, firefighter, or correctional
28	28	18 institution employee to be sentenced to a minimum of 48
29	29	19 consecutive hours of imprisonment or ordered to perform
30	30	20 community service for not less than 100 hours as may be
31	31	21 determined by the court. The person shall not be eligible for
32	32	22 probation in order to reduce the sentence of imprisonment or
33	33	23 community service.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3390 Introduced 2/8/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately.
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42	42	LRB103 34144 RLC 69497 b
43	43	A BILL FOR
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68	68	1 (a-7) A person convicted for a violation of this Section
69	69	2 whose violation was the proximate cause of an injury to a peace
70	70	3 officer, firefighter, or correctional institution employee is
71	71	4 guilty of a Class 4 felony.
72	72	5 (b) For purposes of this Section, "correctional
73	73	6 institution employee" means any person employed to supervise
74	74	7 and control inmates incarcerated in a penitentiary, State
75	75	8 farm, reformatory, prison, jail, house of correction, police
76	76	9 detention area, half-way house, or other institution or place
77	77	10 for the incarceration or custody of persons under sentence for
78	78	11 offenses or awaiting trial or sentence for offenses, under
79	79	12 arrest for an offense, a violation of probation, a violation
80	80	13 of parole, a violation of aftercare release, a violation of
81	81	14 mandatory supervised release, or awaiting a hearing or
82	82	15 preliminary hearing on setting the conditions of pretrial
83	83	16 release, or who are sexually dangerous persons or who are
84	84	17 sexually violent persons; and "firefighter" means any
85	85	18 individual, either as an employee or volunteer, of a regularly
86	86	19 constituted fire department of a municipality or fire
87	87	20 protection district who performs fire fighting duties,
88	88	21 including, but not limited to, the fire chief, assistant fire
89	89	22 chief, captain, engineer, driver, ladder person, hose person,
90	90	23 pipe person, and any other member of a regularly constituted
91	91	24 fire department. "Firefighter" also means a person employed by
92	92	25 the Office of the State Fire Marshal to conduct arson
93	93	26 investigations.
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104	104	1 (c) It is an affirmative defense to a violation of this
105	105	2 Section if a person resists or obstructs the performance of
106	106	3 one known by the person to be a firefighter by returning to or
107	107	4 remaining in a dwelling, residence, building, or other
108	108	5 structure to rescue or to attempt to rescue any person.
109	109	6 (d) (Blank). A person shall not be subject to arrest for
110	110	7 resisting arrest under this Section unless there is an
111	111	8 underlying offense for which the person was initially subject
112	112	9 to arrest.
113	113	10 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
114	114	11 Section 10. The Code of Criminal Procedure of 1963 is
115	115	12 amended by changing Sections 109-1, 110-6.1, and 110-7.5 as
116	116	13 follows:
117	117	14 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
118	118	15 Sec. 109-1. Person arrested; release from law enforcement
119	119	16 custody and court appearance; geographic constraints prevent
120	120	17 in-person appearances.
121	121	18 (a) A person arrested with or without a warrant for an
122	122	19 offense for which pretrial release may be denied under
123	123	20 paragraphs (1) through (5) (6) of Section 110-6.1 shall be
124	124	21 taken without unnecessary delay before the nearest and most
125	125	22 accessible judge in that county, except when such county is a
126	126	23 participant in a regional jail authority, in which event such
127	127	24 person may be taken to the nearest and most accessible judge,
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138	138	1 irrespective of the county where such judge presides, within
139	139	2 48 hours, and a charge shall be filed. Whenever a person
140	140	3 arrested either with or without a warrant is required to be
141	141	4 taken before a judge, a charge may be filed against such person
142	142	5 by way of a two-way audio-visual communication system, except
143	143	6 that a hearing to deny pretrial release to the defendant may
144	144	7 not be conducted by two-way audio-visual communication system
145	145	8 unless the accused waives the right to be present physically
146	146	9 in court, the court determines that the physical health and
147	147	10 safety of any person necessary to the proceedings would be
148	148	11 endangered by appearing in court, or the chief judge of the
149	149	12 circuit orders use of that system due to operational
150	150	13 challenges in conducting the hearing in person. Such
151	151	14 operational challenges must be documented and approved by the
152	152	15 chief judge of the circuit, and a plan to address the
153	153	16 challenges through reasonable efforts must be presented and
154	154	17 approved by the Administrative Office of the Illinois Courts
155	155	18 every 6 months.
156	156	19 (a-1) Law enforcement shall issue a citation in lieu of
157	157	20 custodial arrest, upon proper identification, for those
158	158	21 accused of any offense that is not a felony or Class A
159	159	22 misdemeanor unless (i) a law enforcement officer reasonably
160	160	23 believes the accused poses a threat to the community or any
161	161	24 person, (ii) a custodial arrest is necessary because the
162	162	25 criminal activity persists after the issuance of a citation,
163	163	26 or (iii) the accused has an obvious medical or mental health
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174	174	1 issue that poses a risk to the accused's own safety. Nothing in
175	175	2 this Section requires arrest in the case of Class A
176	176	3 misdemeanor and felony offenses, or otherwise limits existing
177	177	4 law enforcement discretion to decline to effect a custodial
178	178	5 arrest.
179	179	6 (a-3) A person arrested with or without a warrant for an
180	180	7 offense for which pretrial release may not be denied may,
181	181	8 except as otherwise provided in this Code, be released by a law
182	182	9 enforcement officer without appearing before a judge. A
183	183	10 presumption in favor of pretrial release shall be applied by
184	184	11 an arresting officer in the exercise of his or her discretion
185	185	12 under this Section.
186	186	13 (a-5) A person charged with an offense shall be allowed
187	187	14 counsel at the hearing at which pretrial release is determined
188	188	15 under Article 110 of this Code. If the defendant desires
189	189	16 counsel for his or her initial appearance but is unable to
190	190	17 obtain counsel, the court shall appoint a public defender or
191	191	18 licensed attorney at law of this State to represent him or her.
192	192	19 (b) Upon initial appearance of a person before the court,
193	193	20 the judge shall:
194	194	21 (1) inform the defendant of the charge against him and
195	195	22 shall provide him with a copy of the charge;
196	196	23 (2) advise the defendant of his right to counsel and
197	197	24 if indigent shall appoint a public defender or licensed
198	198	25 attorney at law of this State to represent him in
199	199	26 accordance with the provisions of Section 113-3 of this
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210	210	1 Code;
211	211	2 (3) schedule a preliminary hearing in appropriate
212	212	3 cases;
213	213	4 (4) admit the defendant to pretrial release in
214	214	5 accordance with the provisions of Article 110 of this
215	215	6 Code, or upon verified petition of the State, proceed with
216	216	7 the setting of a detention hearing as provided in Section
217	217	8 110-6.1; and
218	218	9 (5) order the confiscation of the person's passport or
219	219	10 impose travel restrictions on a defendant arrested for
220	220	11 first degree murder or other violent crime as defined in
221	221	12 Section 3 of the Rights of Crime Victims and Witnesses
222	222	13 Act, if the judge determines, based on the factors in
223	223	14 Section 110-5 of this Code, that this will reasonably
224	224	15 ensure the appearance of the defendant and compliance by
225	225	16 the defendant with all conditions of release.
226	226	17 (c) The court may issue an order of protection in
227	227	18 accordance with the provisions of Article 112A of this Code.
228	228	19 Crime victims shall be given notice by the State's Attorney's
229	229	20 office of this hearing as required in paragraph (2) of
230	230	21 subsection (b) of Section 4.5 of the Rights of Crime Victims
231	231	22 and Witnesses Act and shall be informed of their opportunity
232	232	23 at this hearing to obtain an order of protection under Article
233	233	24 112A of this Code.
234	234	25 (d) At the initial appearance of a defendant in any
235	235	26 criminal proceeding, the court must advise the defendant in
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246	246	1 open court that any foreign national who is arrested or
247	247	2 detained has the right to have notice of the arrest or
248	248	3 detention given to his or her country's consular
249	249	4 representatives and the right to communicate with those
250	250	5 consular representatives if the notice has not already been
251	251	6 provided. The court must make a written record of so advising
252	252	7 the defendant.
253	253	8 (e) If consular notification is not provided to a
254	254	9 defendant before his or her first appearance in court, the
255	255	10 court shall grant any reasonable request for a continuance of
256	256	11 the proceedings to allow contact with the defendant's
257	257	12 consulate. Any delay caused by the granting of the request by a
258	258	13 defendant shall temporarily suspend for the time of the delay
259	259	14 the period within which a person shall be tried as prescribed
260	260	15 by subsection (a), (b), or (e) of Section 103-5 of this Code
261	261	16 and on the day of the expiration of delay the period shall
262	262	17 continue at the point at which it was suspended.
263	263	18 (f) At the hearing at which conditions of pretrial release
264	264	19 are determined, the person charged shall be present in person
265	265	20 rather than by two-way audio-video communication system unless
266	266	21 the accused waives the right to be present physically in
267	267	22 court, the court determines that the physical health and
268	268	23 safety of any person necessary to the proceedings would be
269	269	24 endangered by appearing in court, or the chief judge of the
270	270	25 circuit orders use of that system due to operational
271	271	26 challenges in conducting the hearing in person. Such
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282	282	1 operational challenges must be documented and approved by the
283	283	2 chief judge of the circuit, and a plan to address the
284	284	3 challenges through reasonable efforts must be presented and
285	285	4 approved by the Administrative Office of the Illinois Courts
286	286	5 every 6 months.
287	287	6 (g) Defense counsel shall be given adequate opportunity to
288	288	7 confer with the defendant prior to any hearing in which
289	289	8 conditions of release or the detention of the defendant is to
290	290	9 be considered, with a physical accommodation made to
291	291	10 facilitate attorney/client consultation. If defense counsel
292	292	11 needs to confer or consult with the defendant during any
293	293	12 hearing conducted via a two-way audio-visual communication
294	294	13 system, such consultation shall not be recorded and shall be
295	295	14 undertaken consistent with constitutional protections.
296	296	15 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
297	297	16 102-1104, eff. 1-1-23.)
298	298	17 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
299	299	18 Sec. 110-6.1. Denial of pretrial release.
300	300	19 (a) Upon verified petition by the State, the court shall
301	301	20 hold a hearing and may deny a defendant pretrial release only
302	302	21 if:
303	303	22 (1) the defendant is charged with a felony offense
304	304	23 other than a forcible felony for which, based on the
305	305	24 charge or the defendant's criminal history, a sentence of
306	306	25 imprisonment, without probation, periodic imprisonment or
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317	317	1 conditional discharge, is required by law upon conviction,
318	318	2 and it is alleged that the defendant's pretrial release
319	319	3 poses a real and present threat to the safety of any person
320	320	4 or persons or the community, based on the specific
321	321	5 articulable facts of the case;
322	322	6 (1.5) (blank); the defendant's pretrial release poses
323	323	7 a real and present threat to the safety of any person or
324	324	8 persons or the community, based on the specific
325	325	9 articulable facts of the case, and the defendant is
326	326	10 charged with a forcible felony, which as used in this
327	327	11 Section, means treason, first degree murder, second degree
328	328	12 murder, predatory criminal sexual assault of a child,
329	329	13 aggravated criminal sexual assault, criminal sexual
330	330	14 assault, armed robbery, aggravated robbery, robbery,
331	331	15 burglary where there is use of force against another
332	332	16 person, residential burglary, home invasion, vehicular
333	333	17 invasion, aggravated arson, arson, aggravated kidnaping,
334	334	18 kidnaping, aggravated battery resulting in great bodily
335	335	19 harm or permanent disability or disfigurement or any other
336	336	20 felony which involves the threat of or infliction of great
337	337	21 bodily harm or permanent disability or disfigurement;
338	338	22 (2) the defendant is charged with stalking or
339	339	23 aggravated stalking, and it is alleged that the
340	340	24 defendant's pre-trial release poses a real and present
341	341	25 threat to the safety of a victim of the alleged offense,
342	342	26 and denial of release is necessary to prevent fulfillment
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353	353	1 of the threat upon which the charge is based;
354	354	2 (3) the defendant is charged with a violation of an
355	355	3 order of protection issued under Section 112A-14 of this
356	356	4 Code or Section 214 of the Illinois Domestic Violence Act
357	357	5 of 1986, a stalking no contact order under Section 80 of
358	358	6 the Stalking No Contact Order Act, or of a civil no contact
359	359	7 order under Section 213 of the Civil No Contact Order Act,
360	360	8 and it is alleged that the defendant's pretrial release
361	361	9 poses a real and present threat to the safety of any person
362	362	10 or persons or the community, based on the specific
363	363	11 articulable facts of the case;
364	364	12 (4) the defendant is charged with domestic battery or
365	365	13 aggravated domestic battery under Section 12-3.2 or 12-3.3
366	366	14 of the Criminal Code of 2012 and it is alleged that the
367	367	15 defendant's pretrial release poses a real and present
368	368	16 threat to the safety of any person or persons or the
369	369	17 community, based on the specific articulable facts of the
370	370	18 case;
371	371	19 (4.5) the defendant is charged with a misdemeanor
372	372	20 violation of Article 11 of the Criminal Code of 2012,
373	373	21 except for Sections 11-14, 11-14.1, 11-18, 11-20, 11-30,
374	374	22 11-35, 11-40, and 11-45 of the Criminal Code of 2012, or
375	375	23 similar provisions of the Criminal Code of 1961 and it is
376	376	24 alleged that the defendant's pretrial release poses a real
377	377	25 and present threat to the safety of any person or persons
378	378	26 or the community, based on the specific articulable facts
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389	389	1 of the case;
390	390	2 (5) the defendant is charged with an attempt to commit
391	391	3 any charge listed in paragraphs (1) through (4.5) any
392	392	4 offense under Article 11 of the Criminal Code of 2012,
393	393	5 except for Sections 11-14, 11-14.1, 11-18, 11-20, 11-30,
394	394	6 11-35, 11-40, and 11-45 of the Criminal Code of 2012, or
395	395	7 similar provisions of the Criminal Code of 1961 and it is
396	396	8 alleged that the defendant's pretrial release poses a real
397	397	9 and present threat to the safety of any person or persons
398	398	10 or the community, based on the specific articulable facts
399	399	11 of the case;
400	400	12 (6) (blank); the defendant is charged with any of the
401	401	13 following offenses under the Criminal Code of 2012, and it
402	402	14 is alleged that the defendant's pretrial release poses a
403	403	15 real and present threat to the safety of any person or
404	404	16 persons or the community, based on the specific
405	405	17 articulable facts of the case:
406	406	18 (A) Section 24-1.2 (aggravated discharge of a
407	407	19 firearm);
408	408	20 (B) Section 24-2.5 (aggravated discharge of a
409	409	21 machine gun or a firearm equipped with a device
410	410	22 designed or use for silencing the report of a
411	411	23 firearm);
412	412	24 (C) Section 24-1.5 (reckless discharge of a
413	413	25 firearm);
414	414	26 (D) Section 24-1.7 (armed habitual criminal);
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424	424	SB3390 - 12 - LRB103 34144 RLC 69497 b
425	425	1 (E) Section 24-2.2 (manufacture, sale or transfer
426	426	2 of bullets or shells represented to be armor piercing
427	427	3 bullets, dragon's breath shotgun shells, bolo shells,
428	428	4 or flechette shells);
429	429	5 (F) Section 24-3 (unlawful sale or delivery of
430	430	6 firearms);
431	431	7 (G) Section 24-3.3 (unlawful sale or delivery of
432	432	8 firearms on the premises of any school);
433	433	9 (H) Section 24-34 (unlawful sale of firearms by
434	434	10 liquor license);
435	435	11 (I) Section 24-3.5 (unlawful purchase of a
436	436	12 firearm);
437	437	13 (J) Section 24-3A (gunrunning);
438	438	14 (K) Section 24-3B (firearms trafficking);
439	439	15 (L) Section 10-9 (b) (involuntary servitude);
440	440	16 (M) Section 10-9 (c) (involuntary sexual servitude
441	441	17 of a minor);
442	442	18 (N) Section 10-9(d) (trafficking in persons);
443	443	19 (O) Non-probationable violations: (i) unlawful use
444	444	20 or possession of weapons by felons or persons in the
445	445	21 Custody of the Department of Corrections facilities
446	446	22 (Section 24-1.1), (ii) aggravated unlawful use of a
447	447	23 weapon (Section 24-1.6), or (iii) aggravated
448	448	24 possession of a stolen firearm (Section 24-3.9);
449	449	25 (P) Section 9-3 (reckless homicide and involuntary
450	450	26 manslaughter);
451	451
452	452
453	453
454	454
455	455
456	456	SB3390 - 12 - LRB103 34144 RLC 69497 b
457	457
458	458
459	459	SB3390- 13 -LRB103 34144 RLC 69497 b SB3390 - 13 - LRB103 34144 RLC 69497 b
460	460	SB3390 - 13 - LRB103 34144 RLC 69497 b
461	461	1 (Q) Section 19-3 (residential burglary);
462	462	2 (R) Section 10-5 (child abduction);
463	463	3 (S) Felony violations of Section 12C-5 (child
464	464	4 endangerment);
465	465	5 (T) Section 12-7.1 (hate crime);
466	466	6 (U) Section 10-3.1 (aggravated unlawful
467	467	7 restraint);
468	468	8 (V) Section 12-9 (threatening a public official);
469	469	9 (W) Subdivision (f)(1) of Section 12-3.05
470	470	10 (aggravated battery with a deadly weapon other than by
471	471	11 discharge of a firearm);
472	472	12 (6.5) (blank); the defendant is charged with any of
473	473	13 the following offenses, and it is alleged that the
474	474	14 defendant's pretrial release poses a real and present
475	475	15 threat to the safety of any person or persons or the
476	476	16 community, based on the specific articulable facts of the
477	477	17 case:
478	478	18 (A) Felony violations of Sections 3.01, 3.02, or
479	479	19 3.03 of the Humane Care for Animals Act (cruel
480	480	20 treatment, aggravated cruelty, and animal torture);
481	481	21 (B) Subdivision (d)(1)(B) of Section 11-501 of the
482	482	22 Illinois Vehicle Code (aggravated driving under the
483	483	23 influence while operating a school bus with
484	484	24 passengers);
485	485	25 (C) Subdivision (d)(1)(C) of Section 11-501 of the
486	486	26 Illinois Vehicle Code (aggravated driving under the
487	487
488	488
489	489
490	490
491	491
492	492	SB3390 - 13 - LRB103 34144 RLC 69497 b
493	493
494	494
495	495	SB3390- 14 -LRB103 34144 RLC 69497 b SB3390 - 14 - LRB103 34144 RLC 69497 b
496	496	SB3390 - 14 - LRB103 34144 RLC 69497 b
497	497	1 influence causing great bodily harm);
498	498	2 (D) Subdivision (d)(1)(D) of Section 11-501 of the
499	499	3 Illinois Vehicle Code (aggravated driving under the
500	500	4 influence after a previous reckless homicide
501	501	5 conviction);
502	502	6 (E) Subdivision (d)(1)(F) of Section 11-501 of the
503	503	7 Illinois Vehicle Code (aggravated driving under the
504	504	8 influence leading to death); or
505	505	9 (F) Subdivision (d)(1)(J) of Section 11-501 of the
506	506	10 Illinois Vehicle Code (aggravated driving under the
507	507	11 influence that resulted in bodily harm to a child
508	508	12 under the age of 16);
509	509	13 (7) the defendant is charged with any offense for
510	510	14 which the State believes there is a serious risk that the
511	511	15 defendant will not appear in court as required an attempt
512	512	16 to commit any charge listed in paragraphs (1) through
513	513	17 (6.5), and it is alleged that the defendant's pretrial
514	514	18 release poses a real and present threat to the safety of
515	515	19 any person or persons or the community, based on the
516	516	20 specific articulable facts of the case; or
517	517	21 (8) the State believes the defendant will obstruct or
518	518	22 attempt to obstruct justice, or threaten, injure, or
519	519	23 intimidate, or attempt to threaten, injure or intimidate,
520	520	24 a prospective witness or juror. the person has a high
521	521	25 likelihood of willful flight to avoid prosecution and is
522	522	26 charged with:
523	523
524	524
525	525
526	526
527	527
528	528	SB3390 - 14 - LRB103 34144 RLC 69497 b
529	529
530	530
531	531	SB3390- 15 -LRB103 34144 RLC 69497 b SB3390 - 15 - LRB103 34144 RLC 69497 b
532	532	SB3390 - 15 - LRB103 34144 RLC 69497 b
533	533	1 (A) Any felony described in subdivisions (a)(1)
534	534	2 through (a)(7) of this Section; or
535	535	3 (B) A felony offense other than a Class 4 offense.
536	536	4 (a-5) If the court finds probable cause that an eligible
537	537	5 defendant committed first degree murder or committed any
538	538	6 offense under Article 11 of the Criminal Code of 2012 for which
539	539	7 the defendant would be subject to natural life imprisonment,
540	540	8 when a motion for pretrial detention is filed pursuant to
541	541	9 subsection (a) of this Section, there is a rebuttable
542	542	10 presumption that the eligible defendant should be detained
543	543	11 pending trial because no condition of pretrial release would
544	544	12 reasonably assure the eligible defendant's appearance in court
545	545	13 when required, the defendant's pretrial release poses a real
546	546	14 and present threat to the safety of any person or persons or
547	547	15 the community, based on the specific articulable facts of the
548	548	16 case, and the eligible defendant will not obstruct or attempt
549	549	17 to obstruct the criminal justice process.
550	550	18 (b) (Blank). If the charged offense is a felony, as part of
551	551	19 the detention hearing, the court shall determine whether there
552	552	20 is probable cause the defendant has committed an offense,
553	553	21 unless a hearing pursuant to Section 109-3 of this Code has
554	554	22 already been held or a grand jury has returned a true bill of
555	555	23 indictment against the defendant. If there is a finding of no
556	556	24 probable cause, the defendant shall be released. No such
557	557	25 finding is necessary if the defendant is charged with a
558	558	26 misdemeanor.
559	559
560	560
561	561
562	562
563	563
564	564	SB3390 - 15 - LRB103 34144 RLC 69497 b
565	565
566	566
567	567	SB3390- 16 -LRB103 34144 RLC 69497 b SB3390 - 16 - LRB103 34144 RLC 69497 b
568	568	SB3390 - 16 - LRB103 34144 RLC 69497 b
569	569	1 (c) Timing of petition.
570	570	2 (1) A petition may be filed without prior notice to
571	571	3 the defendant at the first appearance before a judge, or
572	572	4 within the 21 calendar days, except as provided in Section
573	573	5 110-6, after arrest and release of the defendant upon
574	574	6 reasonable notice to defendant; provided that while such
575	575	7 petition is pending before the court, the defendant if
576	576	8 previously released shall not be detained.
577	577	9 (2) Upon filing, the court shall immediately hold a
578	578	10 hearing on the petition unless a continuance is requested.
579	579	11 If a continuance is requested and granted, the hearing
580	580	12 shall be held within 48 hours of the defendant's first
581	581	13 appearance if the defendant is charged with first degree
582	582	14 murder or a Class X, Class 1, Class 2, or Class 3 felony,
583	583	15 and within 24 hours if the defendant is charged with a
584	584	16 Class 4 or misdemeanor offense. The Court may deny or
585	585	17 grant the request for continuance. If the court decides to
586	586	18 grant the continuance, the Court retains the discretion to
587	587	19 detain or release the defendant in the time between the
588	588	20 filing of the petition and the hearing.
589	589	21 (d) Contents of petition.
590	590	22 (1) The petition shall be verified by the State and
591	591	23 shall state the grounds upon which it contends the
592	592	24 defendant should be denied pretrial release, including the
593	593	25 real and present threat to the safety of any person or
594	594	26 persons or the community, based on the specific
595	595
596	596
597	597
598	598
599	599
600	600	SB3390 - 16 - LRB103 34144 RLC 69497 b
601	601
602	602
603	603	SB3390- 17 -LRB103 34144 RLC 69497 b SB3390 - 17 - LRB103 34144 RLC 69497 b
604	604	SB3390 - 17 - LRB103 34144 RLC 69497 b
605	605	1 articulable facts or flight risk, as appropriate.
606	606	2 (2) If the State seeks to file a second or subsequent
607	607	3 petition under this Section, the State shall be required
608	608	4 to present a verified application setting forth in detail
609	609	5 any new facts not known or obtainable at the time of the
610	610	6 filing of the previous petition.
611	611	7 (e) Eligibility: All defendants shall be presumed eligible
612	612	8 for pretrial release, and the State shall bear the burden of
613	613	9 proving by clear and convincing evidence that:
614	614	10 (1) the proof is evident or the presumption great that
615	615	11 the defendant has committed an offense listed in
616	616	12 subsection (a), and
617	617	13 (2) for offenses listed in paragraphs (1) through (7)
618	618	14 of subsection (a), the defendant poses a real and present
619	619	15 threat to the safety of any person or persons or the
620	620	16 community, based on the specific articulable facts of the
621	621	17 case, by conduct which may include, but is not limited to,
622	622	18 a forcible felony, the obstruction of justice,
623	623	19 intimidation, injury, or abuse as defined by paragraph (1)
624	624	20 of Section 103 of the Illinois Domestic Violence Act of
625	625	21 1986, and
626	626	22 (3) no condition or combination of conditions set
627	627	23 forth in subsection (b) of Section 110-10 of this Article
628	628	24 can mitigate (i) the real and present threat to the safety
629	629	25 of any person or persons or the community, based on the
630	630	26 specific articulable facts of the case, for offenses
631	631
632	632
633	633
634	634
635	635
636	636	SB3390 - 17 - LRB103 34144 RLC 69497 b
637	637
638	638
639	639	SB3390- 18 -LRB103 34144 RLC 69497 b SB3390 - 18 - LRB103 34144 RLC 69497 b
640	640	SB3390 - 18 - LRB103 34144 RLC 69497 b
641	641	1 listed in paragraphs (1) through (7) of subsection (a), or
642	642	2 (ii) the defendant's willful flight for offenses listed in
643	643	3 paragraph (8) of subsection (a), and
644	644	4 (4) for offenses under subsection (b) of Section 407
645	645	5 of the Illinois Controlled Substances Act that are subject
646	646	6 to paragraph (1) of subsection (a), no condition or
647	647	7 combination of conditions set forth in subsection (b) of
648	648	8 Section 110-10 of this Article can mitigate the real and
649	649	9 present threat to the safety of any person or persons or
650	650	10 the community, based on the specific articulable facts of
651	651	11 the case, and the defendant poses a serious risk to not
652	652	12 appear in court as required.
653	653	13 (f) Conduct of the hearings.
654	654	14 (1) Prior to the hearing, the State shall tender to
655	655	15 the defendant copies of the defendant's criminal history
656	656	16 available, any written or recorded statements, and the
657	657	17 substance of any oral statements made by any person, if
658	658	18 relied upon by the State in its petition, and any police
659	659	19 reports in the prosecutor's possession at the time of the
660	660	20 hearing.
661	661	21 (2) The State or defendant may present evidence at the
662	662	22 hearing by way of proffer based upon reliable information.
663	663	23 (3) The defendant has the right to be represented by
664	664	24 counsel, and if he or she is indigent, to have counsel
665	665	25 appointed for him or her. The defendant shall have the
666	666	26 opportunity to testify, to present witnesses on his or her
667	667
668	668
669	669
670	670
671	671
672	672	SB3390 - 18 - LRB103 34144 RLC 69497 b
673	673
674	674
675	675	SB3390- 19 -LRB103 34144 RLC 69497 b SB3390 - 19 - LRB103 34144 RLC 69497 b
676	676	SB3390 - 19 - LRB103 34144 RLC 69497 b
677	677	1 own behalf, and to cross-examine any witnesses that are
678	678	2 called by the State. Defense counsel shall be given
679	679	3 adequate opportunity to confer with the defendant before
680	680	4 any hearing at which conditions of release or the
681	681	5 detention of the defendant are to be considered, with an
682	682	6 accommodation for a physical condition made to facilitate
683	683	7 attorney/client consultation. If defense counsel needs to
684	684	8 confer or consult with the defendant during any hearing
685	685	9 conducted via a two-way audio-visual communication system,
686	686	10 such consultation shall not be recorded and shall be
687	687	11 undertaken consistent with constitutional protections.
688	688	12 (3.5) A hearing at which pretrial release may be
689	689	13 denied must be conducted in person (and not by way of
690	690	14 two-way audio visual communication) unless the accused
691	691	15 waives the right to be present physically in court, the
692	692	16 court determines that the physical health and safety of
693	693	17 any person necessary to the proceedings would be
694	694	18 endangered by appearing in court, or the chief judge of
695	695	19 the circuit orders use of that system due to operational
696	696	20 challenges in conducting the hearing in person. Such
697	697	21 operational challenges must be documented and approved by
698	698	22 the chief judge of the circuit, and a plan to address the
699	699	23 challenges through reasonable efforts must be presented
700	700	24 and approved by the Administrative Office of the Illinois
701	701	25 Courts every 6 months.
702	702	26 (4) If the defense seeks to compel the complaining
703	703
704	704
705	705
706	706
707	707
708	708	SB3390 - 19 - LRB103 34144 RLC 69497 b
709	709
710	710
711	711	SB3390- 20 -LRB103 34144 RLC 69497 b SB3390 - 20 - LRB103 34144 RLC 69497 b
712	712	SB3390 - 20 - LRB103 34144 RLC 69497 b
713	713	1 witness to testify as a witness in its favor, it shall
714	714	2 petition the court for permission. When the ends of
715	715	3 justice so require, the court may exercise its discretion
716	716	4 and compel the appearance of a complaining witness. The
717	717	5 court shall state on the record reasons for granting a
718	718	6 defense request to compel the presence of a complaining
719	719	7 witness only on the issue of the defendant's pretrial
720	720	8 detention. In making a determination under this Section,
721	721	9 the court shall state on the record the reason for
722	722	10 granting a defense request to compel the presence of a
723	723	11 complaining witness, and only grant the request if the
724	724	12 court finds by clear and convincing evidence that the
725	725	13 defendant will be materially prejudiced if the complaining
726	726	14 witness does not appear. Cross-examination of a
727	727	15 complaining witness at the pretrial detention hearing for
728	728	16 the purpose of impeaching the witness' credibility is
729	729	17 insufficient reason to compel the presence of the witness.
730	730	18 In deciding whether to compel the appearance of a
731	731	19 complaining witness, the court shall be considerate of the
732	732	20 emotional and physical well-being of the witness. The
733	733	21 pre-trial detention hearing is not to be used for purposes
734	734	22 of discovery, and the post arraignment rules of discovery
735	735	23 do not apply. The State shall tender to the defendant,
736	736	24 prior to the hearing, copies, if any, of the defendant's
737	737	25 criminal history, if available, and any written or
738	738	26 recorded statements and the substance of any oral
739	739
740	740
741	741
742	742
743	743
744	744	SB3390 - 20 - LRB103 34144 RLC 69497 b
745	745
746	746
747	747	SB3390- 21 -LRB103 34144 RLC 69497 b SB3390 - 21 - LRB103 34144 RLC 69497 b
748	748	SB3390 - 21 - LRB103 34144 RLC 69497 b
749	749	1 statements made by any person, if in the State's
750	750	2 Attorney's possession at the time of the hearing.
751	751	3 (5) The rules concerning the admissibility of evidence
752	752	4 in criminal trials do not apply to the presentation and
753	753	5 consideration of information at the hearing. At the trial
754	754	6 concerning the offense for which the hearing was conducted
755	755	7 neither the finding of the court nor any transcript or
756	756	8 other record of the hearing shall be admissible in the
757	757	9 State's case-in-chief, but shall be admissible for
758	758	10 impeachment, or as provided in Section 115-10.1 of this
759	759	11 Code, or in a perjury proceeding.
760	760	12 (6) The defendant may not move to suppress evidence or
761	761	13 a confession, however, evidence that proof of the charged
762	762	14 crime may have been the result of an unlawful search or
763	763	15 seizure, or both, or through improper interrogation, is
764	764	16 relevant in assessing the weight of the evidence against
765	765	17 the defendant.
766	766	18 (7) Decisions regarding release, conditions of
767	767	19 release, and detention prior to trial must be
768	768	20 individualized, and no single factor or standard may be
769	769	21 used exclusively to order detention. Risk assessment tools
770	770	22 may not be used as the sole basis to deny pretrial release.
771	771	23 (g) Factors to be considered in making a determination of
772	772	24 dangerousness. The court may, in determining whether the
773	773	25 defendant poses a real and present threat to the safety of any
774	774	26 person or persons or the community, based on the specific
775	775
776	776
777	777
778	778
779	779
780	780	SB3390 - 21 - LRB103 34144 RLC 69497 b
781	781
782	782
783	783	SB3390- 22 -LRB103 34144 RLC 69497 b SB3390 - 22 - LRB103 34144 RLC 69497 b
784	784	SB3390 - 22 - LRB103 34144 RLC 69497 b
785	785	1 articulable facts of the case, consider, but shall not be
786	786	2 limited to, evidence or testimony concerning:
787	787	3 (1) The nature and circumstances of any offense
788	788	4 charged, including whether the offense is a crime of
789	789	5 violence, involving a weapon, or a sex offense.
790	790	6 (2) The history and characteristics of the defendant
791	791	7 including:
792	792	8 (A) Any evidence of the defendant's prior criminal
793	793	9 history indicative of violent, abusive or assaultive
794	794	10 behavior, or lack of such behavior. Such evidence may
795	795	11 include testimony or documents received in juvenile
796	796	12 proceedings, criminal, quasi-criminal, civil
797	797	13 commitment, domestic relations, or other proceedings.
798	798	14 (B) Any evidence of the defendant's psychological,
799	799	15 psychiatric or other similar social history which
800	800	16 tends to indicate a violent, abusive, or assaultive
801	801	17 nature, or lack of any such history.
802	802	18 (3) The identity of any person or persons to whose
803	803	19 safety the defendant is believed to pose a threat, and the
804	804	20 nature of the threat.
805	805	21 (4) Any statements made by, or attributed to the
806	806	22 defendant, together with the circumstances surrounding
807	807	23 them.
808	808	24 (5) The age and physical condition of the defendant.
809	809	25 (6) The age and physical condition of any victim or
810	810	26 complaining witness.
811	811
812	812
813	813
814	814
815	815
816	816	SB3390 - 22 - LRB103 34144 RLC 69497 b
817	817
818	818
819	819	SB3390- 23 -LRB103 34144 RLC 69497 b SB3390 - 23 - LRB103 34144 RLC 69497 b
820	820	SB3390 - 23 - LRB103 34144 RLC 69497 b
821	821	1 (7) Whether the defendant is known to possess or have
822	822	2 access to any weapon or weapons.
823	823	3 (8) Whether, at the time of the current offense or any
824	824	4 other offense or arrest, the defendant was on probation,
825	825	5 parole, aftercare release, mandatory supervised release or
826	826	6 other release from custody pending trial, sentencing,
827	827	7 appeal or completion of sentence for an offense under
828	828	8 federal or state law.
829	829	9 (9) Any other factors, including those listed in
830	830	10 Section 110-5 of this Article deemed by the court to have a
831	831	11 reasonable bearing upon the defendant's propensity or
832	832	12 reputation for violent, abusive, or assaultive behavior,
833	833	13 or lack of such behavior.
834	834	14 (h) Detention order. The court shall, in any order for
835	835	15 detention:
836	836	16 (1) make a written finding summarizing the court's
837	837	17 reasons for concluding that the defendant should be denied
838	838	18 pretrial release, including why less restrictive
839	839	19 conditions would not avoid a real and present threat to
840	840	20 the safety of any person or persons or the community,
841	841	21 based on the specific articulable facts of the case, or
842	842	22 prevent the defendant's willful flight from prosecution;
843	843	23 (2) direct that the defendant be committed to the
844	844	24 custody of the sheriff for confinement in the county jail
845	845	25 pending trial;
846	846	26 (3) direct that the defendant be given a reasonable
847	847
848	848
849	849
850	850
851	851
852	852	SB3390 - 23 - LRB103 34144 RLC 69497 b
853	853
854	854
855	855	SB3390- 24 -LRB103 34144 RLC 69497 b SB3390 - 24 - LRB103 34144 RLC 69497 b
856	856	SB3390 - 24 - LRB103 34144 RLC 69497 b
857	857	1 opportunity for private consultation with counsel, and for
858	858	2 communication with others of his or her choice by
859	859	3 visitation, mail and telephone; and
860	860	4 (4) direct that the sheriff deliver the defendant as
861	861	5 required for appearances in connection with court
862	862	6 proceedings.
863	863	7 (i) Detention. If the court enters an order for the
864	864	8 detention of the defendant pursuant to subsection (e) of this
865	865	9 Section, the defendant shall be brought to trial on the
866	866	10 offense for which he is detained within 90 days after the date
867	867	11 on which the order for detention was entered. If the defendant
868	868	12 is not brought to trial within the 90-day period required by
869	869	13 the preceding sentence, he shall not be denied pretrial
870	870	14 release. In computing the 90-day period, the court shall omit
871	871	15 any period of delay resulting from a continuance granted at
872	872	16 the request of the defendant and any period of delay resulting
873	873	17 from a continuance granted at the request of the State with
874	874	18 good cause shown pursuant to Section 103-5.
875	875	19 (i-5) At each subsequent appearance of the defendant
876	876	20 before the court, the judge must find that continued detention
877	877	21 is necessary to avoid a real and present threat to the safety
878	878	22 of any person or persons or the community, based on the
879	879	23 specific articulable facts of the case, or to prevent the
880	880	24 defendant's willful flight from prosecution.
881	881	25 (j) Rights of the defendant. The defendant shall be
882	882	26 entitled to appeal any order entered under this Section
883	883
884	884
885	885
886	886
887	887
888	888	SB3390 - 24 - LRB103 34144 RLC 69497 b
889	889
890	890
891	891	SB3390- 25 -LRB103 34144 RLC 69497 b SB3390 - 25 - LRB103 34144 RLC 69497 b
892	892	SB3390 - 25 - LRB103 34144 RLC 69497 b
893	893	1 denying his or her pretrial release.
894	894	2 (k) Appeal. The State may appeal any order entered under
895	895	3 this Section denying any motion for denial of pretrial
896	896	4 release.
897	897	5 (l) Presumption of innocence. Nothing in this Section
898	898	6 shall be construed as modifying or limiting in any way the
899	899	7 defendant's presumption of innocence in further criminal
900	900	8 proceedings.
901	901	9 (m) Interest of victims.
902	902	10 (1) Crime victims shall be given notice by the State's
903	903	11 Attorney's office of this hearing as required in paragraph (1)
904	904	12 of subsection (b) of Section 4.5 of the Rights of Crime Victims
905	905	13 and Witnesses Act and shall be informed of their opportunity
906	906	14 at this hearing to obtain a protective order.
907	907	15 (2) If the defendant is denied pretrial release, the court
908	908	16 may impose a no contact provision with the victim or other
909	909	17 interested party that shall be enforced while the defendant
910	910	18 remains in custody.
911	911	19 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
912	912	20 (725 ILCS 5/110-7.5)
913	913	21 Sec. 110-7.5. Previously deposited bail security.
914	914	22 (a) On or after January 1, 2023, any person having been
915	915	23 previously released pretrial on the condition of the deposit
916	916	24 of security shall be allowed to remain on pretrial release
917	917	25 under the terms of their original bail bond. This Section
918	918
919	919
920	920
921	921
922	922
923	923	SB3390 - 25 - LRB103 34144 RLC 69497 b
924	924
925	925
926	926	SB3390- 26 -LRB103 34144 RLC 69497 b SB3390 - 26 - LRB103 34144 RLC 69497 b
927	927	SB3390 - 26 - LRB103 34144 RLC 69497 b
928	928	1 shall not limit the State's Attorney's ability to file a
929	929	2 verified petition for detention under Section 110-6.1 or a
930	930	3 petition for revocation or sanctions under Section 110-6.
931	931	4 (b) On or after January 1, 2023, any person who remains in
932	932	5 pretrial detention after having been ordered released with
933	933	6 pretrial conditions, including the condition of depositing
934	934	7 security, shall be entitled to a hearing under subsection (e)
935	935	8 of Section 110-5.
936	936	9 On or after January 1, 2023, any person, not subject to
937	937	10 subsection (b), who remains in pretrial detention and is
938	938	11 eligible for detention under Section 110-6.1 shall be entitled
939	939	12 to a hearing according to the following schedule:
940	940	13 (1) For persons charged with offenses under paragraphs
941	941	14 (1) through (5) and paragraph (8) (7) of subsection (a) of
942	942	15 Section 110-6.1, the hearing shall be held within 90 days
943	943	16 of the person's motion for reconsideration of pretrial
944	944	17 release conditions.
945	945	18 (2) For persons charged with offenses under paragraph
946	946	19 (7) (8) of subsection (a) of Section 110-6.1, the hearing
947	947	20 shall be held within 60 days of the person's motion for
948	948	21 reconsideration of pretrial release conditions.
949	949	22 (3) For persons charged with all other offenses not
950	950	23 listed in subsection (a) of Section 110-6.1, the hearing
951	951	24 shall be held within 7 days of the person's motion for
952	952	25 reconsideration of pretrial release conditions.
953	953	26 (c) Processing of previously deposited bail security. The
954	954
955	955
956	956
957	957
958	958
959	959	SB3390 - 26 - LRB103 34144 RLC 69497 b
960	960
961	961
962	962	SB3390- 27 -LRB103 34144 RLC 69497 b SB3390 - 27 - LRB103 34144 RLC 69497 b
963	963	SB3390 - 27 - LRB103 34144 RLC 69497 b
964	964	1 provisions of this Section shall apply to all monetary bonds,
965	965	2 regardless of whether they were previously posted in cash or
966	966	3 in the form of stocks, bonds, or real estate.
967	967	4 (1) Once security has been deposited and a charge is
968	968	5 pending or is thereafter filed in or transferred to a
969	969	6 court of competent jurisdiction, the latter court may
970	970	7 continue the original security in that court or modify the
971	971	8 conditions of pretrial release subject to the provisions
972	972	9 of Section 110-6.
973	973	10 (2) After conviction, the court may order that a
974	974	11 previously deposited security stand pending appeal,
975	975	12 reconsider conditions of release, or deny release subject
976	976	13 to the provisions of Section 110-6.2.
977	977	14 (3) After the entry of an order by the trial court
978	978	15 granting or denying pretrial release pending appeal,
979	979	16 either party may apply to the reviewing court having
980	980	17 jurisdiction or to a justice thereof sitting in vacation
981	981	18 for an order modifying the conditions of pretrial release
982	982	19 or denying pretrial release subject to the provisions of
983	983	20 Section 110-6.2.
984	984	21 (4) When the conditions of the previously posted bail
985	985	22 bond have been performed and the accused has been
986	986	23 discharged from all obligations in the cause, the clerk of
987	987	24 the court shall return to the accused or to the
988	988	25 defendant's designee by an assignment executed at the time
989	989	26 the bail amount is deposited, unless the court orders
990	990
991	991
992	992
993	993
994	994
995	995	SB3390 - 27 - LRB103 34144 RLC 69497 b
996	996
997	997
998	998	SB3390- 28 -LRB103 34144 RLC 69497 b SB3390 - 28 - LRB103 34144 RLC 69497 b
999	999	SB3390 - 28 - LRB103 34144 RLC 69497 b
1000	1000	1 otherwise, 90% of the sum which had been deposited and
1001	1001	2 shall retain as bail bond costs 10% of the amount
1002	1002	3 deposited. However, in no event shall the amount retained
1003	1003	4 by the clerk as bail bond costs be less than $5.
1004	1004	5 Notwithstanding the foregoing, in counties with a
1005	1005	6 population of 3,000,000 or more, in no event shall the
1006	1006	7 amount retained by the clerk as bail bond costs exceed
1007	1007	8 $100. Bail bond deposited by or on behalf of a defendant in
1008	1008	9 one case may be used, in the court's discretion, to
1009	1009	10 satisfy financial obligations of that same defendant
1010	1010	11 incurred in a different case due to a fine, court costs,
1011	1011	12 restitution or fees of the defendant's attorney of record.
1012	1012	13 In counties with a population of 3,000,000 or more, the
1013	1013	14 court shall not order bail bond deposited by or on behalf
1014	1014	15 of a defendant in one case to be used to satisfy financial
1015	1015	16 obligations of that same defendant in a different case
1016	1016	17 until the bail bond is first used to satisfy court costs
1017	1017	18 and attorney's fees in the case in which the bail bond has
1018	1018	19 been deposited and any other unpaid child support
1019	1019	20 obligations are satisfied.
1020	1020	21 In counties with a population of less than 3,000,000,
1021	1021	22 the court shall not order bail bond deposited by or on
1022	1022	23 behalf of a defendant in one case to be used to satisfy
1023	1023	24 financial obligations of that same defendant in a
1024	1024	25 different case until the bail bond is first used to
1025	1025	26 satisfy court costs in the case in which the bail bond has
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	SB3390 - 28 - LRB103 34144 RLC 69497 b
1032	1032
1033	1033
1034	1034	SB3390- 29 -LRB103 34144 RLC 69497 b SB3390 - 29 - LRB103 34144 RLC 69497 b
1035	1035	SB3390 - 29 - LRB103 34144 RLC 69497 b
1036	1036	1 been deposited.
1037	1037	2 At the request of the defendant, the court may order
1038	1038	3 such 90% of the defendant's bail deposit, or whatever
1039	1039	4 amount is repayable to the defendant from such deposit, to
1040	1040	5 be paid to defendant's attorney of record.
1041	1041	6 (5) If there is an alleged violation of the conditions
1042	1042	7 of pretrial release in a matter in which the defendant has
1043	1043	8 previously deposited security, the court having
1044	1044	9 jurisdiction shall follow the procedures for revocation of
1045	1045	10 pretrial release or sanctions set forth in Section 110-6.
1046	1046	11 The previously deposited security shall be returned to the
1047	1047	12 defendant following the procedures of paragraph (4) of
1048	1048	13 subsection (a) of this Section once the defendant has been
1049	1049	14 discharged from all obligations in the cause.
1050	1050	15 (6) If security was previously deposited for failure
1051	1051	16 to appear in a matter involving enforcement of child
1052	1052	17 support or maintenance, the amount of the cash deposit on
1053	1053	18 the bond, less outstanding costs, may be awarded to the
1054	1054	19 person or entity to whom the child support or maintenance
1055	1055	20 is due.
1056	1056	21 (7) After a judgment for a fine and court costs or
1057	1057	22 either is entered in the prosecution of a cause in which a
1058	1058	23 deposit of security was previously made, the balance of
1059	1059	24 such deposit shall be applied to the payment of the
1060	1060	25 judgment.
1061	1061	26 (Source: P.A. 102-1104, eff. 1-1-23.)
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	SB3390 - 29 - LRB103 34144 RLC 69497 b
1068	1068
1069	1069
1070	1070	SB3390- 30 -LRB103 34144 RLC 69497 b SB3390 - 30 - LRB103 34144 RLC 69497 b
1071	1071	SB3390 - 30 - LRB103 34144 RLC 69497 b
1072	1072	1 Section 15. The Unified Code of Corrections is amended by
1073	1073	2 changing Section 5-8A-4 as follows:
1074	1074	3 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
1075	1075	4 Sec. 5-8A-4. Program description. The supervising
1076	1076	5 authority may promulgate rules that prescribe reasonable
1077	1077	6 guidelines under which an electronic monitoring and home
1078	1078	7 detention program shall operate. When using electronic
1079	1079	8 monitoring for home detention these rules may include, but not
1080	1080	9 be limited to, the following:
1081	1081	10 (A) The participant may be instructed to remain within
1082	1082	11 the interior premises or within the property boundaries of
1083	1083	12 his or her residence at all times during the hours
1084	1084	13 designated by the supervising authority. Such instances of
1085	1085	14 approved absences from the home shall include, but are not
1086	1086	15 limited to, the following:
1087	1087	16 (1) working or employment approved by the court or
1088	1088	17 traveling to or from approved employment;
1089	1089	18 (2) unemployed and seeking employment approved for
1090	1090	19 the participant by the court;
1091	1091	20 (3) undergoing medical, psychiatric, mental health
1092	1092	21 treatment, counseling, or other treatment programs
1093	1093	22 approved for the participant by the court;
1094	1094	23 (4) attending an educational institution or a
1095	1095	24 program approved for the participant by the court;
1096	1096
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101	SB3390 - 30 - LRB103 34144 RLC 69497 b
1102	1102
1103	1103
1104	1104	SB3390- 31 -LRB103 34144 RLC 69497 b SB3390 - 31 - LRB103 34144 RLC 69497 b
1105	1105	SB3390 - 31 - LRB103 34144 RLC 69497 b
1106	1106	1 (5) attending a regularly scheduled religious
1107	1107	2 service at a place of worship;
1108	1108	3 (6) participating in community work release or
1109	1109	4 community service programs approved for the
1110	1110	5 participant by the supervising authority;
1111	1111	6 (7) for another compelling reason consistent with
1112	1112	7 the public interest, as approved by the supervising
1113	1113	8 authority; or
1114	1114	9 (8) purchasing groceries, food, or other basic
1115	1115	10 necessities with the prior approval of the supervising
1116	1116	11 authority.
1117	1117	12 (A-1) (Blank). At a minimum, any person ordered to
1118	1118	13 pretrial home confinement with or without electronic
1119	1119	14 monitoring must be provided with movement spread out over
1120	1120	15 no fewer than two days per week, to participate in basic
1121	1121	16 activities such as those listed in paragraph (A). In this
1122	1122	17 subdivision (A-1), "days" means a reasonable time period
1123	1123	18 during a calendar day, as outlined by the court in the
1124	1124	19 order placing the person on home confinement.
1125	1125	20 (B) The participant shall admit any person or agent
1126	1126	21 designated by the supervising authority into his or her
1127	1127	22 residence at any time for purposes of verifying the
1128	1128	23 participant's compliance with the conditions of his or her
1129	1129	24 detention.
1130	1130	25 (C) The participant shall make the necessary
1131	1131	26 arrangements to allow for any person or agent designated
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137	SB3390 - 31 - LRB103 34144 RLC 69497 b
1138	1138
1139	1139
1140	1140	SB3390- 32 -LRB103 34144 RLC 69497 b SB3390 - 32 - LRB103 34144 RLC 69497 b
1141	1141	SB3390 - 32 - LRB103 34144 RLC 69497 b
1142	1142	1 by the supervising authority to visit the participant's
1143	1143	2 place of education or employment at any time, based upon
1144	1144	3 the approval of the educational institution employer or
1145	1145	4 both, for the purpose of verifying the participant's
1146	1146	5 compliance with the conditions of his or her detention.
1147	1147	6 (D) The participant shall acknowledge and participate
1148	1148	7 with the approved electronic monitoring device as
1149	1149	8 designated by the supervising authority at any time for
1150	1150	9 the purpose of verifying the participant's compliance with
1151	1151	10 the conditions of his or her detention.
1152	1152	11 (E) The participant shall maintain the following:
1153	1153	12 (1) access to a working telephone;
1154	1154	13 (2) a monitoring device in the participant's home,
1155	1155	14 or on the participant's person, or both; and
1156	1156	15 (3) a monitoring device in the participant's home
1157	1157	16 and on the participant's person in the absence of a
1158	1158	17 telephone.
1159	1159	18 (F) The participant shall obtain approval from the
1160	1160	19 supervising authority before the participant changes
1161	1161	20 residence or the schedule described in subsection (A) of
1162	1162	21 this Section. Such approval shall not be unreasonably
1163	1163	22 withheld.
1164	1164	23 (G) The participant shall not commit another crime
1165	1165	24 during the period of home detention ordered by the Court.
1166	1166	25 (H) Notice to the participant that violation of the
1167	1167	26 order for home detention may subject the participant to
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173	SB3390 - 32 - LRB103 34144 RLC 69497 b
1174	1174
1175	1175
1176	1176	SB3390- 33 -LRB103 34144 RLC 69497 b SB3390 - 33 - LRB103 34144 RLC 69497 b
1177	1177	SB3390 - 33 - LRB103 34144 RLC 69497 b
1178	1178	1 prosecution for the crime of escape as described in
1179	1179	2 Section 5-8A-4.1.
1180	1180	3 (I) The participant shall abide by other conditions as
1181	1181	4 set by the supervising authority.
1182	1182	5 (J) This Section takes effect January 1, 2022.
1183	1183	6 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
1184	1184	7 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
1185	1185	8 Section 99. Effective date. This Act takes effect upon
1186	1186	9 becoming law.
1187	1187	SB3390- 34 -LRB103 34144 RLC 69497 b 1 INDEX 2 Statutes amended in order of appearance SB3390- 34 -LRB103 34144 RLC 69497 b SB3390 - 34 - LRB103 34144 RLC 69497 b 1 INDEX 2 Statutes amended in order of appearance
1188	1188	SB3390- 34 -LRB103 34144 RLC 69497 b SB3390 - 34 - LRB103 34144 RLC 69497 b
1189	1189	SB3390 - 34 - LRB103 34144 RLC 69497 b
1190	1190	1 INDEX
1191	1191	2 Statutes amended in order of appearance
1192	1192
1193	1193
1194	1194
1195	1195
1196	1196
1197	1197	SB3390 - 33 - LRB103 34144 RLC 69497 b
1198	1198
1199	1199
1200	1200
1201	1201	SB3390- 34 -LRB103 34144 RLC 69497 b SB3390 - 34 - LRB103 34144 RLC 69497 b
1202	1202	SB3390 - 34 - LRB103 34144 RLC 69497 b
1203	1203	1 INDEX
1204	1204	2 Statutes amended in order of appearance
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	SB3390 - 34 - LRB103 34144 RLC 69497 b