Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2134 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2134 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: See Index Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately. LRB104 03908 RLC 13932 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2134 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: See Index See Index Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately. LRB104 03908 RLC 13932 b LRB104 03908 RLC 13932 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2134 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately.
6	6	LRB104 03908 RLC 13932 b LRB104 03908 RLC 13932 b
7	7	LRB104 03908 RLC 13932 b
8	8	A BILL FOR
9	9	SB2134LRB104 03908 RLC 13932 b SB2134 LRB104 03908 RLC 13932 b
10	10	SB2134 LRB104 03908 RLC 13932 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 Statute on Statutes is amended by changing
15	15	5 Section 1.43 as follows:
16	16	6 (5 ILCS 70/1.43)
17	17	7 Sec. 1.43. Reference to "pretrial release", "denial of
18	18	8 pretrial release", "conditions of pretrial release", or
19	19	9 "violations of the conditions of pretrial release" bail, bail
20	20	10 bond, or conditions of bail. Whenever there is a reference in
21	21	11 any Act to "pretrial release", "denial of pretrial release",
22	22	12 "conditions of pretrial release", or "violations of the
23	23	13 conditions of pretrial release" "bail", "bail bond", or
24	24	14 "conditions of bail", these terms shall be construed as
25	25	15 "bail", "denial of bail", "conditions of bail", or "forfeiture
26	26	16 of bail" respectively "pretrial release" or "conditions of
27	27	17 pretrial release".
28	28	18 (Source: P.A. 101-652, eff. 1-1-23.)
29	29	19 Section 10. The Code of Criminal Procedure of 1963 is
30	30	20 amended by changing the heading of Article 110 and by changing
31	31	21 Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
32	32	22 106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2134 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Restores certain provisions of the Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately.
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41	41	LRB104 03908 RLC 13932 b
42	42	A BILL FOR
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48	48	See Index
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67	67	1 110-1, 110-2, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
68	68	2 110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 113-3.1,
69	69	3 114-1, 115-4.1, and 122-6 and by adding Section 110-3.1 as
70	70	4 follows:
71	71	5 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
72	72	6 Sec. 102-6. "Bail". Pretrial release. "Bail" means the
73	73	7 amount of money set by the court which is required to be
74	74	8 obligated and secured as provided by law for the release of a
75	75	9 person in custody in order that he will appear before the court
76	76	10 in which his appearance may be required and that he will comply
77	77	11 with such conditions as set forth in the bail bond. "Pretrial
78	78	12 release" has the meaning ascribed to bail in Section 9 of
79	79	13 Article I of the Illinois Constitution where the sureties
80	80	14 provided are nonmonetary in nature.
81	81	15 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
82	82	16 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
83	83	17 Sec. 102-7. Conditions of pretrial release. "Bail bond".
84	84	18 "Bail bond" means an undertaking secured by bail entered into
85	85	19 by a person in custody by which he binds himself to comply with
86	86	20 such conditions as are set forth therein. "Conditions of
87	87	21 pretrial release" means the requirements imposed upon a
88	88	22 criminal defendant by the court under Section 110-5.
89	89	23 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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100	100	1 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
101	101	2 Sec. 103-5. Speedy trial.)
102	102	3 (a) Every person in custody in this State for an alleged
103	103	4 offense shall be tried by the court having jurisdiction within
104	104	5 120 days from the date he or she was taken into custody unless
105	105	6 delay is occasioned by the defendant, by an examination for
106	106	7 fitness ordered pursuant to Section 104-13 of this Act, by a
107	107	8 fitness hearing, by an adjudication of unfitness to stand
108	108	9 trial, by a continuance allowed pursuant to Section 114-4 of
109	109	10 this Act after a court's determination of the defendant's
110	110	11 physical incapacity for trial, or by an interlocutory appeal.
111	111	12 Delay shall be considered to be agreed to by the defendant
112	112	13 unless he or she objects to the delay by making a written
113	113	14 demand for trial or an oral demand for trial on the record. The
114	114	15 provisions of this subsection (a) do not apply to a person on
115	115	16 bail pretrial release or recognizance for an offense but who
116	116	17 is in custody for a violation of his or her parole, aftercare
117	117	18 release, or mandatory supervised release for another offense.
118	118	19 The 120-day term must be one continuous period of
119	119	20 incarceration. In computing the 120-day term, separate periods
120	120	21 of incarceration may not be combined. If a defendant is taken
121	121	22 into custody a second (or subsequent) time for the same
122	122	23 offense, the term will begin again at day zero.
123	123	24 (b) Every person on bail pretrial release or recognizance
124	124	25 shall be tried by the court having jurisdiction within 160
125	125	26 days from the date defendant demands trial unless delay is
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136	136	1 occasioned by the defendant, by an examination for fitness
137	137	2 ordered pursuant to Section 104-13 of this Act, by a fitness
138	138	3 hearing, by an adjudication of unfitness to stand trial, by a
139	139	4 continuance allowed pursuant to Section 114-4 of this Act
140	140	5 after a court's determination of the defendant's physical
141	141	6 incapacity for trial, or by an interlocutory appeal. The
142	142	7 defendant's failure to appear for any court date set by the
143	143	8 court operates to waive the defendant's demand for trial made
144	144	9 under this subsection.
145	145	10 For purposes of computing the 160 day period under this
146	146	11 subsection (b), every person who was in custody for an alleged
147	147	12 offense and demanded trial and is subsequently released on
148	148	13 bail pretrial release or recognizance and demands trial, shall
149	149	14 be given credit for time spent in custody following the making
150	150	15 of the demand while in custody. Any demand for trial made under
151	151	16 this subsection (b) shall be in writing; and in the case of a
152	152	17 defendant not in custody, the demand for trial shall include
153	153	18 the date of any prior demand made under this provision while
154	154	19 the defendant was in custody.
155	155	20 (c) If the court determines that the State has exercised
156	156	21 without success due diligence to obtain evidence material to
157	157	22 the case and that there are reasonable grounds to believe that
158	158	23 such evidence may be obtained at a later day the court may
159	159	24 continue the cause on application of the State for not more
160	160	25 than an additional 60 days. If the court determines that the
161	161	26 State has exercised without success due diligence to obtain
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172	172	1 results of DNA testing that is material to the case and that
173	173	2 there are reasonable grounds to believe that such results may
174	174	3 be obtained at a later day, the court may continue the cause on
175	175	4 application of the State for not more than an additional 120
176	176	5 days.
177	177	6 (d) Every person not tried in accordance with subsections
178	178	7 (a), (b) and (c) of this Section shall be discharged from
179	179	8 custody or released from the obligations of the person's bail
180	180	9 his pretrial release or recognizance.
181	181	10 (e) If a person is simultaneously in custody upon more
182	182	11 than one charge pending against him in the same county, or
183	183	12 simultaneously demands trial upon more than one charge pending
184	184	13 against him in the same county, he shall be tried, or adjudged
185	185	14 guilty after waiver of trial, upon at least one such charge
186	186	15 before expiration relative to any of such pending charges of
187	187	16 the period prescribed by subsections (a) and (b) of this
188	188	17 Section. Such person shall be tried upon all of the remaining
189	189	18 charges thus pending within 160 days from the date on which
190	190	19 judgment relative to the first charge thus prosecuted is
191	191	20 rendered pursuant to the Unified Code of Corrections or, if
192	192	21 such trial upon such first charge is terminated without
193	193	22 judgment and there is no subsequent trial of, or adjudication
194	194	23 of guilt after waiver of trial of, such first charge within a
195	195	24 reasonable time, the person shall be tried upon all of the
196	196	25 remaining charges thus pending within 160 days from the date
197	197	26 on which such trial is terminated; if either such period of 160
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208	208	1 days expires without the commencement of trial of, or
209	209	2 adjudication of guilt after waiver of trial of, any of such
210	210	3 remaining charges thus pending, such charge or charges shall
211	211	4 be dismissed and barred for want of prosecution unless delay
212	212	5 is occasioned by the defendant, by an examination for fitness
213	213	6 ordered pursuant to Section 104-13 of this Act, by a fitness
214	214	7 hearing, by an adjudication of unfitness for trial, by a
215	215	8 continuance allowed pursuant to Section 114-4 of this Act
216	216	9 after a court's determination of the defendant's physical
217	217	10 incapacity for trial, or by an interlocutory appeal; provided,
218	218	11 however, that if the court determines that the State has
219	219	12 exercised without success due diligence to obtain evidence
220	220	13 material to the case and that there are reasonable grounds to
221	221	14 believe that such evidence may be obtained at a later day the
222	222	15 court may continue the cause on application of the State for
223	223	16 not more than an additional 60 days.
224	224	17 (f) Delay occasioned by the defendant shall temporarily
225	225	18 suspend for the time of the delay the period within which a
226	226	19 person shall be tried as prescribed by subsections (a), (b),
227	227	20 or (e) of this Section and on the day of expiration of the
228	228	21 delay the said period shall continue at the point at which it
229	229	22 was suspended. Where such delay occurs within 21 days of the
230	230	23 end of the period within which a person shall be tried as
231	231	24 prescribed by subsections (a), (b), or (e) of this Section,
232	232	25 the court may continue the cause on application of the State
233	233	26 for not more than an additional 21 days beyond the period
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244	244	1 prescribed by subsections (a), (b), or (e). This subsection
245	245	2 (f) shall become effective on, and apply to persons charged
246	246	3 with alleged offenses committed on or after, March 1, 1977.
247	247	4 (Source: P.A. 101-652, eff. 1-1-23.)
248	248	5 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
249	249	6 Sec. 103-7. Posting notice of rights. Every sheriff, chief
250	250	7 of police or other person who is in charge of any jail, police
251	251	8 station or other building where persons under arrest are held
252	252	9 in custody pending investigation, bail pretrial release or
253	253	10 other criminal proceedings, shall post in every room, other
254	254	11 than cells, of such buildings where persons are held in
255	255	12 custody, in conspicuous places where it may be seen and read by
256	256	13 persons in custody and others, a poster, printed in large
257	257	14 type, containing a verbatim copy in the English language of
258	258	15 the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
259	259	16 110-4, and sub-parts (a) and (b) of Sections 110-7.1, and
260	260	17 113-3 of this Code. Each person who is in charge of any
261	261	18 courthouse or other building in which any trial of an offense
262	262	19 is conducted shall post in each room primarily used for such
263	263	20 trials and in each room in which defendants are confined or
264	264	21 wait, pending trial, in conspicuous places where it may be
265	265	22 seen and read by persons in custody and others, a poster,
266	266	23 printed in large type, containing a verbatim copy in the
267	267	24 English language of the provisions of Sections 103-6, 113-1,
268	268	25 113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of
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279	279	1 this Code.
280	280	2 (Source: P.A. 101-652, eff. 1-1-23.)
281	281	3 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
282	282	4 Sec. 103-9. Bail bondsmen. No bail bondsman from any state
283	283	5 may seize or transport unwillingly any person found in this
284	284	6 State who is allegedly in violation of a bail bond posted in
285	285	7 some other state or conditions of pretrial release. The return
286	286	8 of any such person to another state may be accomplished only as
287	287	9 provided by the laws of this State. Any bail bondsman who
288	288	10 violates this Section is fully subject to the criminal and
289	289	11 civil penalties provided by the laws of this State for his
290	290	12 actions.
291	291	13 (Source: P.A. 101-652, eff. 1-1-23.)
292	292	14 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
293	293	15 Sec. 104-13. Fitness examination.
294	294	16 (a) When the issue of fitness involves the defendant's
295	295	17 mental condition, the court shall order an examination of the
296	296	18 defendant by one or more licensed physicians, clinical
297	297	19 psychologists, or psychiatrists chosen by the court. No
298	298	20 physician, clinical psychologist or psychiatrist employed by
299	299	21 the Department of Human Services shall be ordered to perform,
300	300	22 in his official capacity, an examination under this Section.
301	301	23 (b) If the issue of fitness involves the defendant's
302	302	24 physical condition, the court shall appoint one or more
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313	313	1 physicians and in addition, such other experts as it may deem
314	314	2 appropriate to examine the defendant and to report to the
315	315	3 court regarding the defendant's condition.
316	316	4 (c) An examination ordered under this Section shall be
317	317	5 given at the place designated by the person who will conduct
318	318	6 the examination, except that if the defendant is being held in
319	319	7 custody, the examination shall take place at such location as
320	320	8 the court directs. No examinations under this Section shall be
321	321	9 ordered to take place at mental health or developmental
322	322	10 disabilities facilities operated by the Department of Human
323	323	11 Services. If the defendant fails to keep appointments without
324	324	12 reasonable cause or if the person conducting the examination
325	325	13 reports to the court that diagnosis requires hospitalization
326	326	14 or extended observation, the court may order the defendant
327	327	15 admitted to an appropriate facility for an examination, other
328	328	16 than a screening examination, for not more than 7 days. The
329	329	17 court may, upon a showing of good cause, grant an additional 7
330	330	18 days to complete the examination.
331	331	19 (d) Release on bail pretrial release or on recognizance
332	332	20 shall not be revoked and an application therefor shall not be
333	333	21 denied on the grounds that an examination has been ordered.
334	334	22 (e) Upon request by the defense and if the defendant is
335	335	23 indigent, the court may appoint, in addition to the expert or
336	336	24 experts chosen pursuant to subsection (a) of this Section, a
337	337	25 qualified expert selected by the defendant to examine him and
338	338	26 to make a report as provided in Section 104-15. Upon the filing
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349	349	1 with the court of a verified statement of services rendered,
350	350	2 the court shall enter an order on the county board to pay such
351	351	3 expert a reasonable fee stated in the order.
352	352	4 (Source: P.A. 101-652, eff. 1-1-23.)
353	353	5 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
354	354	6 Sec. 104-17. Commitment for treatment; treatment plan.
355	355	7 (a) If the defendant is eligible to be or has been released
356	356	8 on bail pretrial release or on his own recognizance, the court
357	357	9 shall select the least physically restrictive form of
358	358	10 treatment therapeutically appropriate and consistent with the
359	359	11 treatment plan. The placement may be ordered either on an
360	360	12 inpatient or an outpatient basis.
361	361	13 (b) If the defendant's disability is mental, the court may
362	362	14 order him placed for secure treatment in the custody of the
363	363	15 Department of Human Services, or the court may order him
364	364	16 placed in the custody of any other appropriate public or
365	365	17 private mental health facility or treatment program which has
366	366	18 agreed to provide treatment to the defendant. If the most
367	367	19 serious charge faced by the defendant is a misdemeanor, the
368	368	20 court shall order outpatient treatment, unless the court finds
369	369	21 good cause on the record to order inpatient treatment. If the
370	370	22 court orders the defendant to inpatient treatment in the
371	371	23 custody of the Department of Human Services, the Department
372	372	24 shall evaluate the defendant to determine the most appropriate
373	373	25 secure facility to receive the defendant and, within 20 days
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384	384	1 of the transmittal by the clerk of the circuit court of the
385	385	2 court's placement order, notify the court of the designated
386	386	3 facility to receive the defendant. The Department shall admit
387	387	4 the defendant to a secure facility within 60 days of the
388	388	5 transmittal of the court's placement order, unless the
389	389	6 Department can demonstrate good faith efforts at placement and
390	390	7 a lack of bed and placement availability. If placement cannot
391	391	8 be made within 60 days of the transmittal of the court's
392	392	9 placement order and the Department has demonstrated good faith
393	393	10 efforts at placement and a lack of bed and placement
394	394	11 availability, the Department shall provide an update to the
395	395	12 ordering court every 30 days until the defendant is placed.
396	396	13 Once bed and placement availability is determined, the
397	397	14 Department shall notify the sheriff who shall promptly
398	398	15 transport the defendant to the designated facility. If the
399	399	16 defendant is placed in the custody of the Department of Human
400	400	17 Services, the defendant shall be placed in a secure setting.
401	401	18 During the period of time required to determine bed and
402	402	19 placement availability at the designated facility, the
403	403	20 defendant shall remain in jail. If during the course of
404	404	21 evaluating the defendant for placement, the Department of
405	405	22 Human Services determines that the defendant is currently fit
406	406	23 to stand trial, it shall immediately notify the court and
407	407	24 shall submit a written report within 7 days. In that
408	408	25 circumstance the placement shall be held pending a court
409	409	26 hearing on the Department's report. Otherwise, upon completion
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420	420	1 of the placement process, including identifying bed and
421	421	2 placement availability, the sheriff shall be notified and
422	422	3 shall transport the defendant to the designated facility. If,
423	423	4 within 60 days of the transmittal by the clerk of the circuit
424	424	5 court of the court's placement order, the Department fails to
425	425	6 provide the sheriff with notice of bed and placement
426	426	7 availability at the designated facility, the sheriff shall
427	427	8 contact the Department to inquire about when a placement will
428	428	9 become available at the designated facility as well as bed and
429	429	10 placement availability at other secure facilities. The
430	430	11 Department shall respond to the sheriff within 2 business days
431	431	12 of the notice and inquiry by the sheriff seeking the transfer
432	432	13 and the Department shall provide the sheriff with the status
433	433	14 of the evaluation, information on bed and placement
434	434	15 availability, and an estimated date of admission for the
435	435	16 defendant and any changes to that estimated date of admission.
436	436	17 If the Department notifies the sheriff during the 2 business
437	437	18 day period of a facility operated by the Department with
438	438	19 placement availability, the sheriff shall promptly transport
439	439	20 the defendant to that facility. The placement may be ordered
440	440	21 either on an inpatient or an outpatient basis.
441	441	22 (c) If the defendant's disability is physical, the court
442	442	23 may order him placed under the supervision of the Department
443	443	24 of Human Services which shall place and maintain the defendant
444	444	25 in a suitable treatment facility or program, or the court may
445	445	26 order him placed in an appropriate public or private facility
446	446
447	447
448	448
449	449
450	450
451	451	SB2134 - 12 - LRB104 03908 RLC 13932 b
452	452
453	453
454	454	SB2134- 13 -LRB104 03908 RLC 13932 b SB2134 - 13 - LRB104 03908 RLC 13932 b
455	455	SB2134 - 13 - LRB104 03908 RLC 13932 b
456	456	1 or treatment program which has agreed to provide treatment to
457	457	2 the defendant. The placement may be ordered either on an
458	458	3 inpatient or an outpatient basis.
459	459	4 (d) The clerk of the circuit court shall within 5 days of
460	460	5 the entry of the order transmit to the Department, agency or
461	461	6 institution, if any, to which the defendant is remanded for
462	462	7 treatment, the following:
463	463	8 (1) a certified copy of the order to undergo
464	464	9 treatment. Accompanying the certified copy of the order to
465	465	10 undergo treatment shall be the complete copy of any report
466	466	11 prepared under Section 104-15 of this Code or other report
467	467	12 prepared by a forensic examiner for the court;
468	468	13 (2) the county and municipality in which the offense
469	469	14 was committed;
470	470	15 (3) the county and municipality in which the arrest
471	471	16 took place;
472	472	17 (4) a copy of the arrest report, criminal charges,
473	473	18 arrest record; and
474	474	19 (5) all additional matters which the Court directs the
475	475	20 clerk to transmit.
476	476	21 (e) Within 30 days of admission to the designated
477	477	22 facility, the person supervising the defendant's treatment
478	478	23 shall file with the court, the State, and the defense a report
479	479	24 assessing the facility's or program's capacity to provide
480	480	25 appropriate treatment for the defendant and indicating his
481	481	26 opinion as to the probability of the defendant's attaining
482	482
483	483
484	484
485	485
486	486
487	487	SB2134 - 13 - LRB104 03908 RLC 13932 b
488	488
489	489
490	490	SB2134- 14 -LRB104 03908 RLC 13932 b SB2134 - 14 - LRB104 03908 RLC 13932 b
491	491	SB2134 - 14 - LRB104 03908 RLC 13932 b
492	492	1 fitness within a period of time from the date of the finding of
493	493	2 unfitness. For a defendant charged with a felony, the period
494	494	3 of time shall be one year. For a defendant charged with a
495	495	4 misdemeanor, the period of time shall be no longer than the
496	496	5 sentence if convicted of the most serious offense. If the
497	497	6 report indicates that there is a substantial probability that
498	498	7 the defendant will attain fitness within the time period, the
499	499	8 treatment supervisor shall also file a treatment plan which
500	500	9 shall include:
501	501	10 (1) A diagnosis of the defendant's disability;
502	502	11 (2) A description of treatment goals with respect to
503	503	12 rendering the defendant fit, a specification of the
504	504	13 proposed treatment modalities, and an estimated timetable
505	505	14 for attainment of the goals;
506	506	15 (3) An identification of the person in charge of
507	507	16 supervising the defendant's treatment.
508	508	17 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
509	509	18 (725 ILCS 5/106D-1)
510	510	19 Sec. 106D-1. Defendant's appearance by closed circuit
511	511	20 television and video conference two-way audio-visual
512	512	21 communication system.
513	513	22 (a) Whenever the appearance in person in court, in either
514	514	23 a civil or criminal proceeding, is required of anyone held in a
515	515	24 place of custody or confinement operated by the State or any of
516	516	25 its political subdivisions, including counties and
517	517
518	518
519	519
520	520
521	521
522	522	SB2134 - 14 - LRB104 03908 RLC 13932 b
523	523
524	524
525	525	SB2134- 15 -LRB104 03908 RLC 13932 b SB2134 - 15 - LRB104 03908 RLC 13932 b
526	526	SB2134 - 15 - LRB104 03908 RLC 13932 b
527	527	1 municipalities, the chief judge of the circuit by rule may
528	528	2 permit the personal appearance to be made by means of a two-way
529	529	3 audio-visual communication system, including closed circuit
530	530	4 television and computerized video conference, in the following
531	531	5 proceedings:
532	532	6 (1) the initial appearance before a judge on a
533	533	7 criminal complaint, at which bail will be set as provided
534	534	8 in subsection (f) of Section 109-1;
535	535	9 (2) the waiver of a preliminary hearing;
536	536	10 (3) the arraignment on an information or indictment at
537	537	11 which a plea of not guilty will be entered;
538	538	12 (4) the presentation of a jury waiver;
539	539	13 (5) any status hearing;
540	540	14 (6) any hearing conducted under the Sexually Violent
541	541	15 Persons Commitment Act at which no witness testimony will
542	542	16 be taken; and
543	543	17 (7) at any hearing at which no witness testimony will
544	544	18 be taken conducted under the following:
545	545	19 (A) Section 104-20 of this Code (90-day hearings);
546	546	20 (B) Section 104-22 of this Code (trial with
547	547	21 special provisions and assistance);
548	548	22 (C) Section 104-25 of this Code (discharge
549	549	23 hearing); or
550	550	24 (D) Section 5-2-4 of the Unified Code of
551	551	25 Corrections (proceedings after acquittal by reason of
552	552	26 insanity).
553	553
554	554
555	555
556	556
557	557
558	558	SB2134 - 15 - LRB104 03908 RLC 13932 b
559	559
560	560
561	561	SB2134- 16 -LRB104 03908 RLC 13932 b SB2134 - 16 - LRB104 03908 RLC 13932 b
562	562	SB2134 - 16 - LRB104 03908 RLC 13932 b
563	563	1 (b) The two-way audio-visual communication facilities must
564	564	2 provide two-way audio-visual communication between the court
565	565	3 and the place of custody or confinement, and must include a
566	566	4 secure line over which the person in custody and his or her
567	567	5 counsel, if any, may communicate.
568	568	6 (c) Nothing in this Section shall be construed to prohibit
569	569	7 other court appearances through the use of a two-way
570	570	8 audio-visual communication, upon waiver of any right the
571	571	9 person in custody or confinement may have to be present
572	572	10 physically. system if the person in custody or confinement
573	573	11 waives the right to be present physically in court, the court
574	574	12 determines that the physical health and safety of any person
575	575	13 necessary to the proceedings would be endangered by appearing
576	576	14 in court, or the chief judge of the circuit orders use of that
577	577	15 system due to operational challenges in conducting the hearing
578	578	16 in person. Such operational challenges must be documented and
579	579	17 approved by the chief judge of the circuit, and a plan to
580	580	18 address the challenges through reasonable efforts must be
581	581	19 presented and approved by the Administrative Office of the
582	582	20 Illinois Courts every 6 months.
583	583	21 (d) Nothing in this Section shall be construed to
584	584	22 establish a right of any person held in custody or confinement
585	585	23 to appear in court through a two-way audio-visual
586	586	24 communication system or to require that any governmental
587	587	25 entity, or place of custody or confinement, provide a two-way
588	588	26 audio-visual communication system.
589	589
590	590
591	591
592	592
593	593
594	594	SB2134 - 16 - LRB104 03908 RLC 13932 b
595	595
596	596
597	597	SB2134- 17 -LRB104 03908 RLC 13932 b SB2134 - 17 - LRB104 03908 RLC 13932 b
598	598	SB2134 - 17 - LRB104 03908 RLC 13932 b
599	599	1 (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
600	600	2 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
601	601	3 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
602	602	4 Sec. 107-4. Arrest by peace officer from other
603	603	5 jurisdiction.
604	604	6 (a) As used in this Section:
605	605	7 (1) "State" means any State of the United States and
606	606	8 the District of Columbia.
607	607	9 (2) "Peace Officer" means any peace officer or member
608	608	10 of any duly organized State, County, or Municipal peace
609	609	11 unit, any police force of another State, the United States
610	610	12 Department of Defense, or any police force whose members,
611	611	13 by statute, are granted and authorized to exercise powers
612	612	14 similar to those conferred upon any peace officer employed
613	613	15 by a law enforcement agency of this State.
614	614	16 (3) "Fresh pursuit" means the immediate pursuit of a
615	615	17 person who is endeavoring to avoid arrest.
616	616	18 (4) "Law enforcement agency" means a municipal police
617	617	19 department or county sheriff's office of this State.
618	618	20 (a-3) Any peace officer employed by a law enforcement
619	619	21 agency of this State may conduct temporary questioning
620	620	22 pursuant to Section 107-14 of this Code and may make arrests in
621	621	23 any jurisdiction within this State: (1) if the officer is
622	622	24 engaged in the investigation of criminal activity that
623	623	25 occurred in the officer's primary jurisdiction and the
624	624
625	625
626	626
627	627
628	628
629	629	SB2134 - 17 - LRB104 03908 RLC 13932 b
630	630
631	631
632	632	SB2134- 18 -LRB104 03908 RLC 13932 b SB2134 - 18 - LRB104 03908 RLC 13932 b
633	633	SB2134 - 18 - LRB104 03908 RLC 13932 b
634	634	1 temporary questioning or arrest relates to, arises from, or is
635	635	2 conducted pursuant to that investigation; or (2) if the
636	636	3 officer, while on duty as a peace officer, becomes personally
637	637	4 aware of the immediate commission of a felony or misdemeanor
638	638	5 violation of the laws of this State; or (3) if the officer,
639	639	6 while on duty as a peace officer, is requested by an
640	640	7 appropriate State or local law enforcement official to render
641	641	8 aid or assistance to the requesting law enforcement agency
642	642	9 that is outside the officer's primary jurisdiction; or (4) in
643	643	10 accordance with Section 2605-580 of the Illinois State Police
644	644	11 Law of the Civil Administrative Code of Illinois. While acting
645	645	12 pursuant to this subsection, an officer has the same authority
646	646	13 as within his or her own jurisdiction.
647	647	14 (a-7) The law enforcement agency of the county or
648	648	15 municipality in which any arrest is made under this Section
649	649	16 shall be immediately notified of the arrest.
650	650	17 (b) Any peace officer of another State who enters this
651	651	18 State in fresh pursuit and continues within this State in
652	652	19 fresh pursuit of a person in order to arrest him on the ground
653	653	20 that he has committed an offense in the other State has the
654	654	21 same authority to arrest and hold the person in custody as
655	655	22 peace officers of this State have to arrest and hold a person
656	656	23 in custody on the ground that he has committed an offense in
657	657	24 this State.
658	658	25 (c) If an arrest is made in this State by a peace officer
659	659	26 of another State in accordance with the provisions of this
660	660
661	661
662	662
663	663
664	664
665	665	SB2134 - 18 - LRB104 03908 RLC 13932 b
666	666
667	667
668	668	SB2134- 19 -LRB104 03908 RLC 13932 b SB2134 - 19 - LRB104 03908 RLC 13932 b
669	669	SB2134 - 19 - LRB104 03908 RLC 13932 b
670	670	1 Section he shall without unnecessary delay take the person
671	671	2 arrested before the circuit court of the county in which the
672	672	3 arrest was made. Such court shall conduct a hearing for the
673	673	4 purpose of determining the lawfulness of the arrest. If the
674	674	5 court determines that the arrest was lawful it shall commit
675	675	6 the person arrested, to await for a reasonable time the
676	676	7 issuance of an extradition warrant by the Governor of this
677	677	8 State, or admit him to bail pretrial release for such purpose.
678	678	9 If the court determines that the arrest was unlawful it shall
679	679	10 discharge the person arrested.
680	680	11 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
681	681	12 102-813, eff. 5-13-22.)
682	682	13 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
683	683	14 Sec. 107-9. Issuance of arrest warrant upon complaint.
684	684	15 (a) When a complaint is presented to a court charging that
685	685	16 an offense has been committed, it shall examine upon oath or
686	686	17 affirmation the complainant or any witnesses.
687	687	18 (b) The complaint shall be in writing and shall:
688	688	19 (1) State the name of the accused if known, and if not
689	689	20 known the accused may be designated by any name or
690	690	21 description by which he can be identified with reasonable
691	691	22 certainty;
692	692	23 (2) State the offense with which the accused is
693	693	24 charged;
694	694	25 (3) State the time and place of the offense as
695	695
696	696
697	697
698	698
699	699
700	700	SB2134 - 19 - LRB104 03908 RLC 13932 b
701	701
702	702
703	703	SB2134- 20 -LRB104 03908 RLC 13932 b SB2134 - 20 - LRB104 03908 RLC 13932 b
704	704	SB2134 - 20 - LRB104 03908 RLC 13932 b
705	705	1 definitely as can be done by the complainant; and
706	706	2 (4) Be subscribed and sworn to by the complainant.
707	707	3 (b-5) If an arrest warrant or summons is sought and the
708	708	4 request is made by electronic means that has a simultaneous
709	709	5 video and audio transmission between the requester and a
710	710	6 judge, the judge may issue an arrest warrant or summons based
711	711	7 upon a sworn complaint or sworn testimony communicated in the
712	712	8 transmission.
713	713	9 (c) A warrant shall or summons may be issued by the court
714	714	10 for the arrest or appearance of the person complained against
715	715	11 if it appears from the contents of the complaint and the
716	716	12 examination of the complainant or other witnesses, if any,
717	717	13 that the person against whom the complaint was made has
718	718	14 committed an offense.
719	719	15 (d) The warrant of arrest or summons shall:
720	720	16 (1) Be in writing;
721	721	17 (2) Specify the name, sex and birth date of the person
722	722	18 to be arrested or summoned or, if his name, sex or birth
723	723	19 date is unknown, shall designate such person by any name
724	724	20 or description by which the person can be identified with
725	725	21 reasonable certainty;
726	726	22 (3) Set forth the nature of the offense;
727	727	23 (4) State the date when issued and the municipality or
728	728	24 county where issued;
729	729	25 (5) Be signed by the judge of the court with the title
730	730	26 of the judge's office; and
731	731
732	732
733	733
734	734
735	735
736	736	SB2134 - 20 - LRB104 03908 RLC 13932 b
737	737
738	738
739	739	SB2134- 21 -LRB104 03908 RLC 13932 b SB2134 - 21 - LRB104 03908 RLC 13932 b
740	740	SB2134 - 21 - LRB104 03908 RLC 13932 b
741	741	1 (6) Command that the person against whom the complaint
742	742	2 was made to be arrested and brought before the court
743	743	3 issuing the warrant or if he is absent or unable to act
744	744	4 before the nearest or most accessible court in the same
745	745	5 county issuing the warrant or the nearest or most
746	746	6 accessible court in the same county, or appear before the
747	747	7 court at a certain time and place;
748	748	8 (7) Specify the amount of bail conditions of pretrial
749	749	9 release, if any; and
750	750	10 (8) Specify any geographical limitation placed on the
751	751	11 execution of the warrant, if any, but such limitation
752	752	12 shall not be expressed in mileage.
753	753	13 (e) The summons may be served in the same manner as the
754	754	14 summons in a civil action, except that a police officer may
755	755	15 serve a summons for a violation of an ordinance occurring
756	756	16 within the municipality of the police officer.
757	757	17 (f) If the person summoned fails to appear by the date
758	758	18 required or cannot be located to serve the summons, a warrant
759	759	19 may be issued by the court for the arrest of the person
760	760	20 complained against.
761	761	21 (g) A warrant of arrest issued under this Section shall
762	762	22 incorporate the information included in the summons, and shall
763	763	23 comply with the following:
764	764	24 (1) The arrest warrant shall specify any geographic
765	765	25 limitation placed on the execution of the warrant, but
766	766	26 such limitation shall not be expressed in mileage.
767	767
768	768
769	769
770	770
771	771
772	772	SB2134 - 21 - LRB104 03908 RLC 13932 b
773	773
774	774
775	775	SB2134- 22 -LRB104 03908 RLC 13932 b SB2134 - 22 - LRB104 03908 RLC 13932 b
776	776	SB2134 - 22 - LRB104 03908 RLC 13932 b
777	777	1 (e) (2) The arrest warrant shall be directed to all peace
778	778	2 officers in the State. It shall be executed by the peace
779	779	3 officer, or by a private person specially named therein, at
780	780	4 any location within the geographic limitation for execution
781	781	5 placed on the warrant. If no geographic limitation is placed
782	782	6 on the warrant, then it may be executed anywhere in the State.
783	783	7 (f) (h) The arrest warrant or summons may be issued
784	784	8 electronically or electromagnetically by use of electronic
785	785	9 mail or a facsimile transmission machine and any such arrest
786	786	10 warrant or summons shall have the same validity as a written
787	787	11 arrest warrant or summons.
788	788	12 (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
789	789	13 102-1104, eff. 1-1-23.)
790	790	14 (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
791	791	15 Sec. 107-11. When summons may be issued.
792	792	16 (a) When authorized to issue a warrant of arrest, a court
793	793	17 may instead issue a summons.
794	794	18 (b) The summons shall:
795	795	19 (1) Be in writing;
796	796	20 (2) State the name of the person summoned and his or
797	797	21 her address, if known;
798	798	22 (3) Set forth the nature of the offense;
799	799	23 (4) State the date when issued and the municipality or
800	800	24 county where issued;
801	801	25 (5) Be signed by the judge of the court with the title
802	802
803	803
804	804
805	805
806	806
807	807	SB2134 - 22 - LRB104 03908 RLC 13932 b
808	808
809	809
810	810	SB2134- 23 -LRB104 03908 RLC 13932 b SB2134 - 23 - LRB104 03908 RLC 13932 b
811	811	SB2134 - 23 - LRB104 03908 RLC 13932 b
812	812	1 of his or her office; and
813	813	2 (6) Command the person to appear before a court at a
814	814	3 certain time and place.
815	815	4 (c) The summons may be served in the same manner as the
816	816	5 summons in a civil action or by certified or regular mail,
817	817	6 except that police officers may serve summons for violations
818	818	7 of ordinances occurring within their municipalities.
819	819	8 (Source: P.A. 102-1104, eff. 12-6-22.)
820	820	9 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
821	821	10 Sec. 109-1. Person arrested; release from law enforcement
822	822	11 custody and court appearance; geographic constraints prevent
823	823	12 in-person appearances.
824	824	13 (a) A person arrested with or without a warrant for an
825	825	14 offense for which pretrial release may be denied under
826	826	15 paragraphs (1) through (6) of Section 110-6.1 shall be taken
827	827	16 without unnecessary delay before the nearest and most
828	828	17 accessible judge in that county, except when such county is a
829	829	18 participant in a regional jail authority, in which event such
830	830	19 person may be taken to the nearest and most accessible judge,
831	831	20 irrespective of the county where such judge presides, within
832	832	21 48 hours, and a charge shall be filed. Whenever a person
833	833	22 arrested either with or without a warrant is required to be
834	834	23 taken before a judge, a charge may be filed against such person
835	835	24 by way of a two-way closed circuit television system
836	836	25 audio-visual communication system, except that a hearing to
837	837
838	838
839	839
840	840
841	841
842	842	SB2134 - 23 - LRB104 03908 RLC 13932 b
843	843
844	844
845	845	SB2134- 24 -LRB104 03908 RLC 13932 b SB2134 - 24 - LRB104 03908 RLC 13932 b
846	846	SB2134 - 24 - LRB104 03908 RLC 13932 b
847	847	1 deny pretrial release bail to the defendant may not be
848	848	2 conducted by way of closed circuit television two-way
849	849	3 audio-visual communication system unless the accused waives
850	850	4 the right to be present physically in court, the court
851	851	5 determines that the physical health and safety of any person
852	852	6 necessary to the proceedings would be endangered by appearing
853	853	7 in court, or the chief judge of the circuit orders use of that
854	854	8 system due to operational challenges in conducting the hearing
855	855	9 in person. Such operational challenges must be documented and
856	856	10 approved by the chief judge of the circuit, and a plan to
857	857	11 address the challenges through reasonable efforts must be
858	858	12 presented and approved by the Administrative Office of the
859	859	13 Illinois Courts every 6 months..
860	860	14 (a-1) Law enforcement shall issue a citation in lieu of
861	861	15 custodial arrest, upon proper identification, for those
862	862	16 accused of any offense that is not a felony or Class A
863	863	17 misdemeanor unless (i) a law enforcement officer reasonably
864	864	18 believes the accused poses a threat to the community or any
865	865	19 person, (ii) a custodial arrest is necessary because the
866	866	20 criminal activity persists after the issuance of a citation,
867	867	21 or (iii) the accused has an obvious medical or mental health
868	868	22 issue that poses a risk to the accused's own safety. Nothing in
869	869	23 this Section requires arrest in the case of Class A
870	870	24 misdemeanor and felony offenses, or otherwise limits existing
871	871	25 law enforcement discretion to decline to effect a custodial
872	872	26 arrest.
873	873
874	874
875	875
876	876
877	877
878	878	SB2134 - 24 - LRB104 03908 RLC 13932 b
879	879
880	880
881	881	SB2134- 25 -LRB104 03908 RLC 13932 b SB2134 - 25 - LRB104 03908 RLC 13932 b
882	882	SB2134 - 25 - LRB104 03908 RLC 13932 b
883	883	1 (a-3) A person arrested with or without a warrant for an
884	884	2 offense for which pretrial release may not be denied may,
885	885	3 except as otherwise provided in this Code, be released by a law
886	886	4 enforcement officer without appearing before a judge. A
887	887	5 presumption in favor of pretrial release shall be applied by
888	888	6 an arresting officer in the exercise of his or her discretion
889	889	7 under this Section.
890	890	8 (a-5) A person charged with an offense shall be allowed
891	891	9 counsel at the hearing at which pretrial release bail is
892	892	10 determined under Article 110 of this Code. If the defendant
893	893	11 desires counsel for his or her initial appearance but is
894	894	12 unable to obtain counsel, the court shall appoint a public
895	895	13 defender or licensed attorney at law of this State to
896	896	14 represent him or her for purposes of that hearing.
897	897	15 (b) Upon initial appearance of a person before the court,
898	898	16 the The judge shall:
899	899	17 (1) inform the defendant of the charge against him and
900	900	18 shall provide him with a copy of the charge;
901	901	19 (2) advise the defendant of his right to counsel and
902	902	20 if indigent shall appoint a public defender or licensed
903	903	21 attorney at law of this State to represent him in
904	904	22 accordance with the provisions of Section 113-3 of this
905	905	23 Code;
906	906	24 (3) schedule a preliminary hearing in appropriate
907	907	25 cases;
908	908	26 (4) admit the defendant to pretrial release bail in
909	909
910	910
911	911
912	912
913	913
914	914	SB2134 - 25 - LRB104 03908 RLC 13932 b
915	915
916	916
917	917	SB2134- 26 -LRB104 03908 RLC 13932 b SB2134 - 26 - LRB104 03908 RLC 13932 b
918	918	SB2134 - 26 - LRB104 03908 RLC 13932 b
919	919	1 accordance with the provisions of Article 110/5 110 of
920	920	2 this Code, or upon verified petition of the State, proceed
921	921	3 with the setting of a detention hearing as provided in
922	922	4 Section 110-6.1; and
923	923	5 (5) order Order the confiscation of the person's
924	924	6 passport or impose travel restrictions on a defendant
925	925	7 arrested for first degree murder or other violent crime as
926	926	8 defined in Section 3 of the Rights of Crime Victims and
927	927	9 Witnesses Act, if the judge determines, based on the
928	928	10 factors in Section 110-5 of this Code, that this will
929	929	11 reasonably ensure the appearance of the defendant and
930	930	12 compliance by the defendant with all conditions of
931	931	13 release.
932	932	14 (c) The court may issue an order of protection in
933	933	15 accordance with the provisions of Article 112A of this Code.
934	934	16 Crime victims shall be given notice by the State's Attorney's
935	935	17 office of this hearing as required in paragraph (2) of
936	936	18 subsection (b) of the Rights of Crime Victims and Witnesses
937	937	19 Act and shall be informed of their opportunity at this hearing
938	938	20 to obtain an order of protection under Article 112A of this
939	939	21 Code.
940	940	22 (d) At the initial appearance of a defendant in any
941	941	23 criminal proceeding, the court must advise the defendant in
942	942	24 open court that any foreign national who is arrested or
943	943	25 detained has the right to have notice of the arrest or
944	944	26 detention given to his or her country's consular
945	945
946	946
947	947
948	948
949	949
950	950	SB2134 - 26 - LRB104 03908 RLC 13932 b
951	951
952	952
953	953	SB2134- 27 -LRB104 03908 RLC 13932 b SB2134 - 27 - LRB104 03908 RLC 13932 b
954	954	SB2134 - 27 - LRB104 03908 RLC 13932 b
955	955	1 representatives and the right to communicate with those
956	956	2 consular representatives if the notice has not already been
957	957	3 provided. The court must make a written record of so advising
958	958	4 the defendant.
959	959	5 (e) If consular notification is not provided to a
960	960	6 defendant before his or her first appearance in court, the
961	961	7 court shall grant any reasonable request for a continuance of
962	962	8 the proceedings to allow contact with the defendant's
963	963	9 consulate. Any delay caused by the granting of the request by a
964	964	10 defendant shall temporarily suspend for the time of the delay
965	965	11 the period within which a person shall be tried as prescribed
966	966	12 by subsections (a), (b), or (e) of Section 103-5 of this Code
967	967	13 and on the day of the expiration of delay the period shall
968	968	14 continue at the point at which it was suspended.
969	969	15 (f) At the hearing at which conditions of pretrial release
970	970	16 are determined, the person charged shall be present in person
971	971	17 rather than by two-way audio-video communication system unless
972	972	18 the accused waives the right to be present physically in
973	973	19 court, the court determines that the physical health and
974	974	20 safety of any person necessary to the proceedings would be
975	975	21 endangered by appearing in court, or the chief judge of the
976	976	22 circuit orders use of that system due to operational
977	977	23 challenges in conducting the hearing in person. Such
978	978	24 operational challenges must be documented and approved by the
979	979	25 chief judge of the circuit, and a plan to address the
980	980	26 challenges through reasonable efforts must be presented and
981	981
982	982
983	983
984	984
985	985
986	986	SB2134 - 27 - LRB104 03908 RLC 13932 b
987	987
988	988
989	989	SB2134- 28 -LRB104 03908 RLC 13932 b SB2134 - 28 - LRB104 03908 RLC 13932 b
990	990	SB2134 - 28 - LRB104 03908 RLC 13932 b
991	991	1 approved by the Administrative Office of the Illinois Courts
992	992	2 every 6 months.
993	993	3 (g) Defense counsel shall be given adequate opportunity to
994	994	4 confer with the defendant prior to any hearing in which
995	995	5 conditions of release or the detention of the defendant is to
996	996	6 be considered, with a physical accommodation made to
997	997	7 facilitate attorney/client consultation. If defense counsel
998	998	8 needs to confer or consult with the defendant during any
999	999	9 hearing conducted via a two-way audio-visual communication
1000	1000	10 system, such consultation shall not be recorded and shall be
1001	1001	11 undertaken consistent with constitutional protections.
1002	1002	12 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
1003	1003	13 102-1104, eff. 1-1-23.)
1004	1004	14 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
1005	1005	15 Sec. 109-2. Person arrested in another county.
1006	1006	16 (a) Any person arrested in a county other than the one in
1007	1007	17 which a warrant for his arrest was issued shall be taken
1008	1008	18 without unnecessary delay before the nearest and most
1009	1009	19 accessible judge in the county where the arrest was made or, if
1010	1010	20 no additional delay is created, before the nearest and most
1011	1011	21 accessible judge in the county from which the warrant was
1012	1012	22 issued. He shall be admitted to bail in the amount specified in
1013	1013	23 the warrant or, for offenses other than felonies, in an amount
1014	1014	24 as set by the judge, and such bail shall be conditioned on his
1015	1015	25 appearing in the court issuing the warrant on a certain date.
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	SB2134 - 28 - LRB104 03908 RLC 13932 b
1022	1022
1023	1023
1024	1024	SB2134- 29 -LRB104 03908 RLC 13932 b SB2134 - 29 - LRB104 03908 RLC 13932 b
1025	1025	SB2134 - 29 - LRB104 03908 RLC 13932 b
1026	1026	1 The judge may hold a hearing to determine if the defendant is
1027	1027	2 the same person as named in the warrant.
1028	1028	3 (b) Notwithstanding the provisions of subsection (a), any
1029	1029	4 person arrested in a county other than the one in which a
1030	1030	5 warrant for his arrest was issued, may waive the right to be
1031	1031	6 taken before a judge in the county where the arrest was made.
1032	1032	7 If a person so arrested waives such right, the arresting
1033	1033	8 agency shall surrender such person to a law enforcement agency
1034	1034	9 of the county that issued the warrant without unnecessary
1035	1035	10 delay. The provisions of Section 109-1 shall then apply to the
1036	1036	11 person so arrested.
1037	1037	12 (c) If a person is taken before a judge in any county and a
1038	1038	13 warrant for arrest issued by another Illinois county exists
1039	1039	14 for that person, the court in the arresting county shall hold
1040	1040	15 for that person a detention hearing under Section 110-6.1, or
1041	1041	16 other hearing under Section 110-5 or Section 110-6.
1042	1042	17 (d) After the court in the arresting county has determined
1043	1043	18 whether the person shall be released or detained on the
1044	1044	19 arresting offense, the court shall then order the sheriff to
1045	1045	20 immediately contact the sheriff in any county where any
1046	1046	21 warrant is outstanding and notify them of the arrest of the
1047	1047	22 individual.
1048	1048	23 (e) If a person has a warrant in another county for an
1049	1049	24 offense, then, no later than 5 calendar days after the end of
1050	1050	25 any detention issued on the charge in the arresting county,
1051	1051	26 the county where the warrant is outstanding shall do one of the
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	SB2134 - 29 - LRB104 03908 RLC 13932 b
1058	1058
1059	1059
1060	1060	SB2134- 30 -LRB104 03908 RLC 13932 b SB2134 - 30 - LRB104 03908 RLC 13932 b
1061	1061	SB2134 - 30 - LRB104 03908 RLC 13932 b
1062	1062	1 following:
1063	1063	2 (1) transport the person to the county where the
1064	1064	3 warrant was issued for a hearing under Section 110-6 or
1065	1065	4 110-6.1 in the matter for which the warrant was issued; or
1066	1066	5 (2) quash the warrant and order the person released on
1067	1067	6 the case for which the warrant was issued only when the
1068	1068	7 county that issued the warrant fails to transport the
1069	1069	8 defendant in the timeline as proscribed.
1070	1070	9 (f) If the issuing county fails to take any action under
1071	1071	10 subsection (e) within 5 calendar days, the defendant shall be
1072	1072	11 released from custody on the warrant, and the circuit judge or
1073	1073	12 associate circuit judge in the county of arrest shall set
1074	1074	13 conditions of release under Section 110-5 and shall admit the
1075	1075	14 defendant to pretrial release for his or her appearance before
1076	1076	15 the court named in the warrant. Upon releasing the defendant,
1077	1077	16 the circuit judge or associate circuit judge shall certify
1078	1078	17 such a fact on the warrant and deliver the warrant and the
1079	1079	18 acknowledgment by the defendant of his or her receiving the
1080	1080	19 conditions of pretrial release to the officer having charge of
1081	1081	20 the defendant from arrest and without delay deliver such
1082	1082	21 warrant and such acknowledgment by the defendant of his or her
1083	1083	22 receiving the conditions to the court before which the
1084	1084	23 defendant is required to appear.
1085	1085	24 (g) If a person has a warrant in another county, in lieu of
1086	1086	25 transporting the person to the issuing county as outlined in
1087	1087	26 subsection (e), the issuing county may hold the hearing by way
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093	SB2134 - 30 - LRB104 03908 RLC 13932 b
1094	1094
1095	1095
1096	1096	SB2134- 31 -LRB104 03908 RLC 13932 b SB2134 - 31 - LRB104 03908 RLC 13932 b
1097	1097	SB2134 - 31 - LRB104 03908 RLC 13932 b
1098	1098	1 of a two-way audio-visual communication system if the accused
1099	1099	2 waives the right to be physically present in court, the court
1100	1100	3 determines that the physical health and safety of any person
1101	1101	4 necessary to the proceedings would be endangered by appearing
1102	1102	5 in court, or the chief judge of the circuit orders use of that
1103	1103	6 system due to operational challenges in conducting the hearing
1104	1104	7 in person. Such operational challenges must be documented and
1105	1105	8 approved by the chief judge of the circuit, and a plan to
1106	1106	9 address the challenges through reasonable efforts must be
1107	1107	10 presented and approved by the Administrative Office of the
1108	1108	11 Illinois Courts every 6 months.
1109	1109	12 (h) If more than 2 Illinois county warrants exist, the
1110	1110	13 judge in the county of arrest shall order that the process
1111	1111	14 described in subsections (d) through (f) occur in each county
1112	1112	15 in whatever order the judge finds most appropriate. Each judge
1113	1113	16 in each subsequent county shall then follow the rules in this
1114	1114	17 Section.
1115	1115	18 (i) This Section applies only to warrants issued by
1116	1116	19 Illinois state, county, or municipal courts.
1117	1117	20 (j) When an issuing agency is contacted by an out-of-state
1118	1118	21 agency of a person arrested for any offense, or when an
1119	1119	22 arresting agency is contacted by or contacts an out-of-state
1120	1120	23 issuing agency, the Uniform Criminal Extradition Act shall
1121	1121	24 govern.
1122	1122	25 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	SB2134 - 31 - LRB104 03908 RLC 13932 b
1129	1129
1130	1130
1131	1131	SB2134- 32 -LRB104 03908 RLC 13932 b SB2134 - 32 - LRB104 03908 RLC 13932 b
1132	1132	SB2134 - 32 - LRB104 03908 RLC 13932 b
1133	1133	1 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
1134	1134	2 Sec. 109-3. Preliminary examination.
1135	1135	3 (a) The judge shall hold the defendant to answer to the
1136	1136	4 court having jurisdiction of the offense if from the evidence
1137	1137	5 it appears there is probable cause to believe an offense has
1138	1138	6 been committed by the defendant, as provided in Section
1139	1139	7 109-3.1 of this Code, if the offense is a felony.
1140	1140	8 (b) If the defendant waives preliminary examination the
1141	1141	9 judge shall hold him to answer and may, or on the demand of the
1142	1142	10 prosecuting attorney shall, cause the witnesses for the State
1143	1143	11 to be examined. After hearing the testimony if it appears that
1144	1144	12 there is not probable cause to believe the defendant guilty of
1145	1145	13 any offense the judge shall discharge him.
1146	1146	14 (c) During the examination of any witness or when the
1147	1147	15 defendant is making a statement or testifying the judge may
1148	1148	16 and on the request of the defendant or State shall exclude all
1149	1149	17 other witnesses. He may also cause the witnesses to be kept
1150	1150	18 separate and to be prevented from communicating with each
1151	1151	19 other until all are examined.
1152	1152	20 (d) If the defendant is held to answer the judge may
1153	1153	21 require any material witness for the State or defendant to
1154	1154	22 enter into a written undertaking to appear at the trial, and
1155	1155	23 may provide for the forfeiture of a sum certain in the event
1156	1156	24 the witness does not appear at the trial. Any witness who
1157	1157	25 refuses to execute a recognizance may be committed by the
1158	1158	26 judge to the custody of the sheriff until trial or further
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164	SB2134 - 32 - LRB104 03908 RLC 13932 b
1165	1165
1166	1166
1167	1167	SB2134- 33 -LRB104 03908 RLC 13932 b SB2134 - 33 - LRB104 03908 RLC 13932 b
1168	1168	SB2134 - 33 - LRB104 03908 RLC 13932 b
1169	1169	1 order of the court having jurisdiction of the cause. Any
1170	1170	2 witness who executes a recognizance and fails to comply with
1171	1171	3 its terms shall, in addition to any forfeiture provided in the
1172	1172	4 recognizance, be subject to the penalty provided in Section
1173	1173	5 32-10 of the Criminal Code of 2012 for violation of bail bond
1174	1174	6 commits a Class C misdemeanor.
1175	1175	7 (e) During preliminary hearing or examination the
1176	1176	8 defendant may move for an order of suppression of evidence
1177	1177	9 pursuant to Section 114-11 or 114-12 of this Act or for other
1178	1178	10 reasons, and may move for dismissal of the charge pursuant to
1179	1179	11 Section 114-1 of this Act or for other reasons.
1180	1180	12 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
1181	1181	13 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
1182	1182	14 Sec. 109-3.1. Persons charged with felonies.
1183	1183	15 (a) In any case involving a person charged with a felony in
1184	1184	16 this State, alleged to have been committed on or after January
1185	1185	17 1, 1984, the provisions of this Section shall apply.
1186	1186	18 (b) Every person in custody in this State for the alleged
1187	1187	19 commission of a felony shall receive either a preliminary
1188	1188	20 examination as provided in Section 109-3 or an indictment by
1189	1189	21 Grand Jury as provided in Section 111-2, within 30 days from
1190	1190	22 the date he or she was taken into custody. Every person on bail
1191	1191	23 or recognizance released pretrial for the alleged commission
1192	1192	24 of a felony shall receive either a preliminary examination as
1193	1193	25 provided in Section 109-3 or an indictment by Grand Jury as
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	SB2134 - 33 - LRB104 03908 RLC 13932 b
1200	1200
1201	1201
1202	1202	SB2134- 34 -LRB104 03908 RLC 13932 b SB2134 - 34 - LRB104 03908 RLC 13932 b
1203	1203	SB2134 - 34 - LRB104 03908 RLC 13932 b
1204	1204	1 provided in Section 111-2, within 60 days from the date he or
1205	1205	2 she was arrested.
1206	1206	3 The provisions of this paragraph shall not apply in the
1207	1207	4 following situations:
1208	1208	5 (1) when delay is occasioned by the defendant; or
1209	1209	6 (2) when the defendant has been indicted by the Grand
1210	1210	7 Jury on the felony offense for which he or she was
1211	1211	8 initially taken into custody or on an offense arising from
1212	1212	9 the same transaction or conduct of the defendant that was
1213	1213	10 the basis for the felony offense or offenses initially
1214	1214	11 charged; or
1215	1215	12 (3) when a competency examination is ordered by the
1216	1216	13 court; or
1217	1217	14 (4) when a competency hearing is held; or
1218	1218	15 (5) when an adjudication of incompetency for trial has
1219	1219	16 been made; or
1220	1220	17 (6) when the case has been continued by the court
1221	1221	18 under Section 114-4 of this Code after a determination
1222	1222	19 that the defendant is physically incompetent to stand
1223	1223	20 trial.
1224	1224	21 (c) Delay occasioned by the defendant shall temporarily
1225	1225	22 suspend, for the time of the delay, the period within which the
1226	1226	23 preliminary examination must be held. On the day of expiration
1227	1227	24 of the delay the period in question shall continue at the point
1228	1228	25 at which it was suspended.
1229	1229	26 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	SB2134 - 34 - LRB104 03908 RLC 13932 b
1236	1236
1237	1237
1238	1238	SB2134- 35 -LRB104 03908 RLC 13932 b SB2134 - 35 - LRB104 03908 RLC 13932 b
1239	1239	SB2134 - 35 - LRB104 03908 RLC 13932 b
1240	1240	1 (725 ILCS 5/Art. 110 heading)
1241	1241	2 ARTICLE 110. BAIL PRETRIAL RELEASE
1242	1242	3 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
1243	1243	4 Sec. 110-1. Definitions. As used in this Article:
1244	1244	5 (a) (Blank).
1245	1245	6 "Security" is that which is required to be pledged to
1246	1246	7 insure the payment of bail.
1247	1247	8 (b) "Sureties" encompasses the monetary and nonmonetary
1248	1248	9 requirements set by the court as conditions for release either
1249	1249	10 before or after conviction. "Surety" is one who executes a
1250	1250	11 bail bond and binds himself to pay the bail if the person in
1251	1251	12 custody fails to comply with all conditions of the bail bond.
1252	1252	13 (c) The phrase "for which a sentence of imprisonment,
1253	1253	14 without conditional and revocable release, shall be imposed by
1254	1254	15 law as a consequence of conviction" means an offense for which
1255	1255	16 a sentence of imprisonment in the Department of Corrections,
1256	1256	17 without probation, periodic imprisonment or conditional
1257	1257	18 discharge, is required by law upon conviction.
1258	1258	19 "Real and present threat to the physical safety of any
1259	1259	20 person or persons", as used in this Article, includes a threat
1260	1260	21 to the community, person, persons or class of persons.
1261	1261	22 (d)(Blank).
1262	1262	23 (e) "Protective order" means any order of protection
1263	1263	24 issued under Section 112A-14 of this Code or the Illinois
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268
1269	1269	SB2134 - 35 - LRB104 03908 RLC 13932 b
1270	1270
1271	1271
1272	1272	SB2134- 36 -LRB104 03908 RLC 13932 b SB2134 - 36 - LRB104 03908 RLC 13932 b
1273	1273	SB2134 - 36 - LRB104 03908 RLC 13932 b
1274	1274	1 Domestic Violence Act of 1986, a stalking no contact order
1275	1275	2 issued under Section 80 of the Stalking No Contact Order Act,
1276	1276	3 or a civil no contact order issued under Section 213 of the
1277	1277	4 Civil No Contact Order Act.
1278	1278	5 (f) "Willful flight" means intentional conduct with a
1279	1279	6 purpose to thwart the judicial process to avoid prosecution.
1280	1280	7 Isolated instances of nonappearance in court alone are not
1281	1281	8 evidence of the risk of willful flight. Reoccurrence and
1282	1282	9 patterns of intentional conduct to evade prosecution, along
1283	1283	10 with any affirmative steps to communicate or remedy any such
1284	1284	11 missed court date, may be considered as factors in assessing
1285	1285	12 future intent to evade prosecution.
1286	1286	13 (Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
1287	1287	14 103-154, eff. 6-30-23.)
1288	1288	15 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
1289	1289	16 Sec. 110-2. Release on own recognizance Pretrial release.
1290	1290	17 When from all the circumstances the court is of the opinion
1291	1291	18 that the defendant will appear as required either before or
1292	1292	19 after conviction and the defendant will not pose a danger to
1293	1293	20 any person or the community and that the defendant will comply
1294	1294	21 with all conditions of bond, which shall include the
1295	1295	22 defendant's current address with a written admonishment to the
1296	1296	23 defendant that he or she must comply with the provisions of
1297	1297	24 Section 110-12 of this Code regarding any change in his or her
1298	1298	25 address, the defendant may be released on his or her own
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304	SB2134 - 36 - LRB104 03908 RLC 13932 b
1305	1305
1306	1306
1307	1307	SB2134- 37 -LRB104 03908 RLC 13932 b SB2134 - 37 - LRB104 03908 RLC 13932 b
1308	1308	SB2134 - 37 - LRB104 03908 RLC 13932 b
1309	1309	1 recognizance. The defendant's address shall at all times
1310	1310	2 remain a matter of public record with the clerk of the court. A
1311	1311	3 failure to appear as required by such recognizance shall
1312	1312	4 constitute an offense subject to the penalty provided in
1313	1313	5 Section 32-10 of the Criminal Code of 2012 for violation of the
1314	1314	6 bail bond, and any obligated sum fixed in the recognizance
1315	1315	7 shall be forfeited and collected in accordance with subsection
1316	1316	8 (g) of Section 110-7.1 of this Code.
1317	1317	9 This Section shall be liberally construed to effectuate
1318	1318	10 the purpose of relying upon contempt of court proceedings or
1319	1319	11 criminal sanctions instead of financial loss to assure the
1320	1320	12 appearance of the defendant, and that the defendant will not
1321	1321	13 pose a danger to any person or the community and that the
1322	1322	14 defendant will comply with all conditions of bond. Monetary
1323	1323	15 bail should be set only when it is determined that no other
1324	1324	16 conditions of release will reasonably assure the defendant's
1325	1325	17 appearance in court, that the defendant does not present a
1326	1326	18 danger to any person or the community and that the defendant
1327	1327	19 will comply with all conditions of bond.
1328	1328	20 The State may appeal any order permitting release by
1329	1329	21 personal recognizance.
1330	1330	22 (a) All persons charged with an offense shall be eligible
1331	1331	23 for pretrial release before conviction. It is presumed that a
1332	1332	24 defendant is entitled to release on personal recognizance on
1333	1333	25 the condition that the defendant attend all required court
1334	1334	26 proceedings and the defendant does not commit any criminal
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340	SB2134 - 37 - LRB104 03908 RLC 13932 b
1341	1341
1342	1342
1343	1343	SB2134- 38 -LRB104 03908 RLC 13932 b SB2134 - 38 - LRB104 03908 RLC 13932 b
1344	1344	SB2134 - 38 - LRB104 03908 RLC 13932 b
1345	1345	1 offense, and complies with all terms of pretrial release,
1346	1346	2 including, but not limited to, orders of protection under both
1347	1347	3 Section 112A-4 of this Code and Section 214 of the Illinois
1348	1348	4 Domestic Violence Act of 1986, all civil no contact orders,
1349	1349	5 and all stalking no contact orders. Pretrial release may be
1350	1350	6 denied only if a person is charged with an offense listed in
1351	1351	7 Section 110-6.1 and after the court has held a hearing under
1352	1352	8 Section 110-6.1, and in a manner consistent with subsections
1353	1353	9 (b), (c), and (d) of this Section.
1354	1354	10 (b) At all pretrial hearings, the prosecution shall have
1355	1355	11 the burden to prove by clear and convincing evidence that any
1356	1356	12 condition of release is necessary.
1357	1357	13 (c) When it is alleged that pretrial release should be
1358	1358	14 denied to a person upon the grounds that the person presents a
1359	1359	15 real and present threat to the safety of any person or persons
1360	1360	16 or the community, based on the specific articulable facts of
1361	1361	17 the case, the burden of proof of such allegations shall be upon
1362	1362	18 the State.
1363	1363	19 (d) When it is alleged that pretrial release should be
1364	1364	20 denied to a person charged with stalking or aggravated
1365	1365	21 stalking upon the grounds set forth in Section 110-6.3, the
1366	1366	22 burden of proof of those allegations shall be upon the State.
1367	1367	23 (e) This Section shall be liberally construed to
1368	1368	24 effectuate the purpose of relying on pretrial release by
1369	1369	25 nonmonetary means to reasonably ensure an eligible person's
1370	1370	26 appearance in court, the protection of the safety of any other
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375
1376	1376	SB2134 - 38 - LRB104 03908 RLC 13932 b
1377	1377
1378	1378
1379	1379	SB2134- 39 -LRB104 03908 RLC 13932 b SB2134 - 39 - LRB104 03908 RLC 13932 b
1380	1380	SB2134 - 39 - LRB104 03908 RLC 13932 b
1381	1381	1 person or the community, that the person will not attempt or
1382	1382	2 obstruct the criminal justice process, and the person's
1383	1383	3 compliance with all conditions of release, while authorizing
1384	1384	4 the court, upon motion of a prosecutor, to order pretrial
1385	1385	5 detention of the person under Section 110-6.1 when it finds
1386	1386	6 clear and convincing evidence that no condition or combination
1387	1387	7 of conditions can reasonably ensure the effectuation of these
1388	1388	8 goals.
1389	1389	9 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
1390	1390	10 (725 ILCS 5/110-3.1 new)
1391	1391	11 Sec. 110-3.1. Issuance of warrant.
1392	1392	12 (a) Upon failure to comply with any condition of a bail
1393	1393	13 bond or recognizance the court having jurisdiction at the time
1394	1394	14 of such failure may, in addition to any other action provided
1395	1395	15 by law, issue a warrant for the arrest of the person at liberty
1396	1396	16 on bail or his own recognizance. The contents of such a warrant
1397	1397	17 shall be the same as required for an arrest warrant issued upon
1398	1398	18 complaint. When a defendant is at liberty on bail or his own
1399	1399	19 recognizance on a felony charge and fails to appear in court as
1400	1400	20 directed, the court shall issue a warrant for the arrest of
1401	1401	21 such person. Such warrant shall be noted with a directive to
1402	1402	22 peace officers to arrest the person and hold such person
1403	1403	23 without bail and to deliver such person before the court for
1404	1404	24 further proceedings.
1405	1405	25 (b) A defendant who is arrested or surrenders within 30
1406	1406
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411	SB2134 - 39 - LRB104 03908 RLC 13932 b
1412	1412
1413	1413
1414	1414	SB2134- 40 -LRB104 03908 RLC 13932 b SB2134 - 40 - LRB104 03908 RLC 13932 b
1415	1415	SB2134 - 40 - LRB104 03908 RLC 13932 b
1416	1416	1 days of the issuance of such warrant shall not be bailable in
1417	1417	2 the case in question unless he shows by the preponderance of
1418	1418	3 the evidence that his failure to appear was not intentional.
1419	1419	4 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
1420	1420	5 Sec. 110-5. Determining the amount of bail and conditions
1421	1421	6 of release.
1422	1422	7 (a) In determining the amount of monetary bail or
1423	1423	8 conditions of release, if any, which will reasonably assure
1424	1424	9 the appearance of a defendant as required or the safety of any
1425	1425	10 other person or the community and the likelihood of compliance
1426	1426	11 by the defendant with all the conditions of bail, the court
1427	1427	12 shall, on the basis of available information, take into
1428	1428	13 account such matters as the nature and circumstances of the
1429	1429	14 offense charged, whether the evidence shows that as part of
1430	1430	15 the offense there was a use of violence or threatened use of
1431	1431	16 violence, whether the offense involved corruption of public
1432	1432	17 officials or employees, whether there was physical harm or
1433	1433	18 threats of physical harm to any public official, public
1434	1434	19 employee, judge, prosecutor, juror or witness, senior citizen,
1435	1435	20 child, or person with a disability, whether evidence shows
1436	1436	21 that during the offense or during the arrest the defendant
1437	1437	22 possessed or used a firearm, machine gun, explosive or metal
1438	1438	23 piercing ammunition or explosive bomb device or any military
1439	1439	24 or paramilitary armament, whether the evidence shows that the
1440	1440	25 offense committed was related to or in furtherance of the
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445
1446	1446	SB2134 - 40 - LRB104 03908 RLC 13932 b
1447	1447
1448	1448
1449	1449	SB2134- 41 -LRB104 03908 RLC 13932 b SB2134 - 41 - LRB104 03908 RLC 13932 b
1450	1450	SB2134 - 41 - LRB104 03908 RLC 13932 b
1451	1451	1 criminal activities of an organized gang or was motivated by
1452	1452	2 the defendant's membership in or allegiance to an organized
1453	1453	3 gang, the condition of the victim, any written statement
1454	1454	4 submitted by the victim or proffer or representation by the
1455	1455	5 State regarding the impact which the alleged criminal conduct
1456	1456	6 has had on the victim and the victim's concern, if any, with
1457	1457	7 further contact with the defendant if released on bail,
1458	1458	8 whether the offense was based on racial, religious, sexual
1459	1459	9 orientation or ethnic hatred, the likelihood of the filing of
1460	1460	10 a greater charge, the likelihood of conviction, the sentence
1461	1461	11 applicable upon conviction, the weight of the evidence against
1462	1462	12 such defendant, whether there exists motivation or ability to
1463	1463	13 flee, whether there is any verification as to prior residence,
1464	1464	14 education, or family ties in the local jurisdiction, in
1465	1465	15 another county, state or foreign country, the defendant's
1466	1466	16 employment, financial resources, character and mental
1467	1467	17 condition, past conduct, prior use of alias names or dates of
1468	1468	18 birth, and length of residence in the community, the consent
1469	1469	19 of the defendant to periodic drug testing in accordance with
1470	1470	20 Section 110-6.5-1, whether a foreign national defendant is
1471	1471	21 lawfully admitted in the United States of America, whether the
1472	1472	22 government of the foreign national maintains an extradition
1473	1473	23 treaty with the United States by which the foreign government
1474	1474	24 will extradite to the United States its national for a trial
1475	1475	25 for a crime allegedly committed in the United States, whether
1476	1476	26 the defendant is currently subject to deportation or exclusion
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482	SB2134 - 41 - LRB104 03908 RLC 13932 b
1483	1483
1484	1484
1485	1485	SB2134- 42 -LRB104 03908 RLC 13932 b SB2134 - 42 - LRB104 03908 RLC 13932 b
1486	1486	SB2134 - 42 - LRB104 03908 RLC 13932 b
1487	1487	1 under the immigration laws of the United States, whether the
1488	1488	2 defendant, although a United States citizen, is considered
1489	1489	3 under the law of any foreign state a national of that state for
1490	1490	4 the purposes of extradition or non-extradition to the United
1491	1491	5 States, the amount of unrecovered proceeds lost as a result of
1492	1492	6 the alleged offense, the source of bail funds tendered or
1493	1493	7 sought to be tendered for bail, whether from the totality of
1494	1494	8 the court's consideration, the loss of funds posted or sought
1495	1495	9 to be posted for bail will not deter the defendant from flight,
1496	1496	10 whether the evidence shows that the defendant is engaged in
1497	1497	11 significant possession, manufacture, or delivery of a
1498	1498	12 controlled substance or cannabis, either individually or in
1499	1499	13 consort with others, whether at the time of the offense
1500	1500	14 charged he or she was on bond or pre-trial release pending
1501	1501	15 trial, probation, periodic imprisonment or conditional
1502	1502	16 discharge pursuant to this Code or the comparable Code of any
1503	1503	17 other state or federal jurisdiction, whether the defendant is
1504	1504	18 on bond or pre-trial release pending the imposition or
1505	1505	19 execution of sentence or appeal of sentence for any offense
1506	1506	20 under the laws of Illinois or any other state or federal
1507	1507	21 jurisdiction, whether the defendant is under parole, aftercare
1508	1508	22 release, mandatory supervised release, or work release from
1509	1509	23 the Illinois Department of Corrections or Illinois Department
1510	1510	24 of Juvenile Justice or any penal institution or corrections
1511	1511	25 department of any state or federal jurisdiction, the
1512	1512	26 defendant's record of convictions, whether the defendant has
1513	1513
1514	1514
1515	1515
1516	1516
1517	1517
1518	1518	SB2134 - 42 - LRB104 03908 RLC 13932 b
1519	1519
1520	1520
1521	1521	SB2134- 43 -LRB104 03908 RLC 13932 b SB2134 - 43 - LRB104 03908 RLC 13932 b
1522	1522	SB2134 - 43 - LRB104 03908 RLC 13932 b
1523	1523	1 been convicted of a misdemeanor or ordinance offense in
1524	1524	2 Illinois or similar offense in other state or federal
1525	1525	3 jurisdiction within the 10 years preceding the current charge
1526	1526	4 or convicted of a felony in Illinois, whether the defendant
1527	1527	5 was convicted of an offense in another state or federal
1528	1528	6 jurisdiction that would be a felony if committed in Illinois
1529	1529	7 within the 20 years preceding the current charge or has been
1530	1530	8 convicted of such felony and released from the penitentiary
1531	1531	9 within 20 years preceding the current charge if a penitentiary
1532	1532	10 sentence was imposed in Illinois or other state or federal
1533	1533	11 jurisdiction, the defendant's records of juvenile adjudication
1534	1534	12 of delinquency in any jurisdiction, any record of appearance
1535	1535	13 or failure to appear by the defendant at court proceedings,
1536	1536	14 whether there was flight to avoid arrest or prosecution,
1537	1537	15 whether the defendant escaped or attempted to escape to avoid
1538	1538	16 arrest, whether the defendant refused to identify himself or
1539	1539	17 herself, or whether there was a refusal by the defendant to be
1540	1540	18 fingerprinted as required by law. Information used by the
1541	1541	19 court in its findings or stated in or offered in connection
1542	1542	20 with this Section may be by way of proffer based upon reliable
1543	1543	21 information offered by the State or defendant. All evidence
1544	1544	22 shall be admissible if it is relevant and reliable regardless
1545	1545	23 of whether it would be admissible under the rules of evidence
1546	1546	24 applicable at criminal trials. If the State presents evidence
1547	1547	25 that the offense committed by the defendant was related to or
1548	1548	26 in furtherance of the criminal activities of an organized gang
1549	1549
1550	1550
1551	1551
1552	1552
1553	1553
1554	1554	SB2134 - 43 - LRB104 03908 RLC 13932 b
1555	1555
1556	1556
1557	1557	SB2134- 44 -LRB104 03908 RLC 13932 b SB2134 - 44 - LRB104 03908 RLC 13932 b
1558	1558	SB2134 - 44 - LRB104 03908 RLC 13932 b
1559	1559	1 or was motivated by the defendant's membership in or
1560	1560	2 allegiance to an organized gang, and if the court determines
1561	1561	3 that the evidence may be substantiated, the court shall
1562	1562	4 prohibit the defendant from associating with other members of
1563	1563	5 the organized gang as a condition of bail or release. For the
1564	1564	6 purposes of this Section, "organized gang" has the meaning
1565	1565	7 ascribed to it in Section 10 of the Illinois Streetgang
1566	1566	8 Terrorism Omnibus Prevention Act.
1567	1567	9 (a-5) There shall be a presumption that any conditions of
1568	1568	10 release imposed shall be non-monetary in nature and the court
1569	1569	11 shall impose the least restrictive conditions or combination
1570	1570	12 of conditions necessary to reasonably assure the appearance of
1571	1571	13 the defendant for further court proceedings and protect the
1572	1572	14 integrity of the judicial proceedings from a specific threat
1573	1573	15 to a witness or participant. Conditions of release may
1574	1574	16 include, but not be limited to, electronic home monitoring,
1575	1575	17 curfews, drug counseling, stay-away orders, and in-person
1576	1576	18 reporting. The court shall consider the defendant's
1577	1577	19 socio-economic circumstance when setting conditions of release
1578	1578	20 or imposing monetary bail.
1579	1579	21 (b) The amount of bail shall be:
1580	1580	22 (1) Sufficient to assure compliance with the
1581	1581	23 conditions set forth in the bail bond, which shall include
1582	1582	24 the defendant's current address with a written
1583	1583	25 admonishment to the defendant that he or she must comply
1584	1584	26 with the provisions of Section 110-12 regarding any change
1585	1585
1586	1586
1587	1587
1588	1588
1589	1589
1590	1590	SB2134 - 44 - LRB104 03908 RLC 13932 b
1591	1591
1592	1592
1593	1593	SB2134- 45 -LRB104 03908 RLC 13932 b SB2134 - 45 - LRB104 03908 RLC 13932 b
1594	1594	SB2134 - 45 - LRB104 03908 RLC 13932 b
1595	1595	1 in his or her address. The defendant's address shall at
1596	1596	2 all times remain a matter of public record with the clerk
1597	1597	3 of the court.
1598	1598	4 (2) Not oppressive.
1599	1599	5 (3) Considerate of the financial ability of the
1600	1600	6 accused.
1601	1601	7 (4) When a person is charged with a drug related
1602	1602	8 offense involving possession or delivery of cannabis or
1603	1603	9 possession or delivery of a controlled substance as
1604	1604	10 defined in the Cannabis Control Act, the Illinois
1605	1605	11 Controlled Substances Act, or the Methamphetamine Control
1606	1606	12 and Community Protection Act, the full street value of the
1607	1607	13 drugs seized shall be considered. "Street value" shall be
1608	1608	14 determined by the court on the basis of a proffer by the
1609	1609	15 State based upon reliable information of a law enforcement
1610	1610	16 official contained in a written report as to the amount
1611	1611	17 seized and such proffer may be used by the court as to the
1612	1612	18 current street value of the smallest unit of the drug
1613	1613	19 seized.
1614	1614	20 (b-5) Upon the filing of a written request demonstrating
1615	1615	21 reasonable cause, the State's Attorney may request a source of
1616	1616	22 bail hearing either before or after the posting of any funds.
1617	1617	23 If the hearing is granted, before the posting of any bail, the
1618	1618	24 accused must file a written notice requesting that the court
1619	1619	25 conduct a source of bail hearing. The notice must be
1620	1620	26 accompanied by justifying affidavits stating the legitimate
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625
1626	1626	SB2134 - 45 - LRB104 03908 RLC 13932 b
1627	1627
1628	1628
1629	1629	SB2134- 46 -LRB104 03908 RLC 13932 b SB2134 - 46 - LRB104 03908 RLC 13932 b
1630	1630	SB2134 - 46 - LRB104 03908 RLC 13932 b
1631	1631	1 and lawful source of funds for bail. At the hearing, the court
1632	1632	2 shall inquire into any matters stated in any justifying
1633	1633	3 affidavits, and may also inquire into matters appropriate to
1634	1634	4 the determination which shall include, but are not limited to,
1635	1635	5 the following:
1636	1636	6 (1) the background, character, reputation, and
1637	1637	7 relationship to the accused of any surety; and
1638	1638	8 (2) the source of any money or property deposited by
1639	1639	9 any surety, and whether any such money or property
1640	1640	10 constitutes the fruits of criminal or unlawful conduct;
1641	1641	11 and
1642	1642	12 (3) the source of any money posted as cash bail, and
1643	1643	13 whether any such money constitutes the fruits of criminal
1644	1644	14 or unlawful conduct; and
1645	1645	15 (4) the background, character, reputation, and
1646	1646	16 relationship to the accused of the person posting cash
1647	1647	17 bail.
1648	1648	18 Upon setting the hearing, the court shall examine, under
1649	1649	19 oath, any persons who may possess material information.
1650	1650	20 The State's Attorney has a right to attend the hearing, to
1651	1651	21 call witnesses and to examine any witness in the proceeding.
1652	1652	22 The court shall, upon request of the State's Attorney,
1653	1653	23 continue the proceedings for a reasonable period to allow the
1654	1654	24 State's Attorney to investigate the matter raised in any
1655	1655	25 testimony or affidavit. If the hearing is granted after the
1656	1656	26 accused has posted bail, the court shall conduct a hearing
1657	1657
1658	1658
1659	1659
1660	1660
1661	1661
1662	1662	SB2134 - 46 - LRB104 03908 RLC 13932 b
1663	1663
1664	1664
1665	1665	SB2134- 47 -LRB104 03908 RLC 13932 b SB2134 - 47 - LRB104 03908 RLC 13932 b
1666	1666	SB2134 - 47 - LRB104 03908 RLC 13932 b
1667	1667	1 consistent with this subsection (b-5). At the conclusion of
1668	1668	2 the hearing, the court must issue an order either approving or
1669	1669	3 disapproving the bail.
1670	1670	4 (c) When a person is charged with an offense punishable by
1671	1671	5 fine only the amount of the bail shall not exceed double the
1672	1672	6 amount of the maximum penalty.
1673	1673	7 (d) When a person has been convicted of an offense and only
1674	1674	8 a fine has been imposed the amount of the bail shall not exceed
1675	1675	9 double the amount of the fine.
1676	1676	10 (e) The State may appeal any order granting bail or
1677	1677	11 setting a given amount for bail.
1678	1678	12 (f) When a person is charged with a violation of an order
1679	1679	13 of protection under Section 12-3.4 or 12-30 of the Criminal
1680	1680	14 Code of 1961 or the Criminal Code of 2012 or when a person is
1681	1681	15 charged with domestic battery, aggravated domestic battery,
1682	1682	16 kidnapping, aggravated kidnaping, unlawful restraint,
1683	1683	17 aggravated unlawful restraint, stalking, aggravated stalking,
1684	1684	18 cyberstalking, harassment by telephone, harassment through
1685	1685	19 electronic communications, or an attempt to commit first
1686	1686	20 degree murder committed against an intimate partner regardless
1687	1687	21 whether an order of protection has been issued against the
1688	1688	22 person,
1689	1689	23 (1) whether the alleged incident involved harassment
1690	1690	24 or abuse, as defined in the Illinois Domestic Violence Act
1691	1691	25 of 1986;
1692	1692	26 (2) whether the person has a history of domestic
1693	1693
1694	1694
1695	1695
1696	1696
1697	1697
1698	1698	SB2134 - 47 - LRB104 03908 RLC 13932 b
1699	1699
1700	1700
1701	1701	SB2134- 48 -LRB104 03908 RLC 13932 b SB2134 - 48 - LRB104 03908 RLC 13932 b
1702	1702	SB2134 - 48 - LRB104 03908 RLC 13932 b
1703	1703	1 violence, as defined in the Illinois Domestic Violence
1704	1704	2 Act, or a history of other criminal acts;
1705	1705	3 (3) based on the mental health of the person;
1706	1706	4 (4) whether the person has a history of violating the
1707	1707	5 orders of any court or governmental entity;
1708	1708	6 (5) whether the person has been, or is, potentially a
1709	1709	7 threat to any other person;
1710	1710	8 (6) whether the person has access to deadly weapons or
1711	1711	9 a history of using deadly weapons;
1712	1712	10 (7) whether the person has a history of abusing
1713	1713	11 alcohol or any controlled substance;
1714	1714	12 (8) based on the severity of the alleged incident that
1715	1715	13 is the basis of the alleged offense, including, but not
1716	1716	14 limited to, the duration of the current incident, and
1717	1717	15 whether the alleged incident involved the use of a weapon,
1718	1718	16 physical injury, sexual assault, strangulation, abuse
1719	1719	17 during the alleged victim's pregnancy, abuse of pets, or
1720	1720	18 forcible entry to gain access to the alleged victim;
1721	1721	19 (9) whether a separation of the person from the
1722	1722	20 alleged victim or a termination of the relationship
1723	1723	21 between the person and the alleged victim has recently
1724	1724	22 occurred or is pending;
1725	1725	23 (10) whether the person has exhibited obsessive or
1726	1726	24 controlling behaviors toward the alleged victim,
1727	1727	25 including, but not limited to, stalking, surveillance, or
1728	1728	26 isolation of the alleged victim or victim's family member
1729	1729
1730	1730
1731	1731
1732	1732
1733	1733
1734	1734	SB2134 - 48 - LRB104 03908 RLC 13932 b
1735	1735
1736	1736
1737	1737	SB2134- 49 -LRB104 03908 RLC 13932 b SB2134 - 49 - LRB104 03908 RLC 13932 b
1738	1738	SB2134 - 49 - LRB104 03908 RLC 13932 b
1739	1739	1 or members;
1740	1740	2 (11) whether the person has expressed suicidal or
1741	1741	3 homicidal ideations;
1742	1742	4 (12) based on any information contained in the
1743	1743	5 complaint and any police reports, affidavits, or other
1744	1744	6 documents accompanying the complaint;
1745	1745	7 the court may, in its discretion, order the respondent to
1746	1746	8 undergo a risk assessment evaluation using a recognized,
1747	1747	9 evidence-based instrument conducted by an Illinois Department
1748	1748	10 of Human Services approved partner abuse intervention program
1749	1749	11 provider, pretrial service, probation, or parole agency. These
1750	1750	12 agencies shall have access to summaries of the defendant's
1751	1751	13 criminal history, which shall not include victim interviews or
1752	1752	14 information, for the risk evaluation. Based on the information
1753	1753	15 collected from the 12 points to be considered at a bail hearing
1754	1754	16 under this subsection (f), the results of any risk evaluation
1755	1755	17 conducted and the other circumstances of the violation, the
1756	1756	18 court may order that the person, as a condition of bail, be
1757	1757	19 placed under electronic surveillance as provided in Section
1758	1758	20 5-8A-7 of the Unified Code of Corrections. Upon making a
1759	1759	21 determination whether or not to order the respondent to
1760	1760	22 undergo a risk assessment evaluation or to be placed under
1761	1761	23 electronic surveillance and risk assessment, the court shall
1762	1762	24 document in the record the court's reasons for making those
1763	1763	25 determinations. The cost of the electronic surveillance and
1764	1764	26 risk assessment shall be paid by, or on behalf, of the
1765	1765
1766	1766
1767	1767
1768	1768
1769	1769
1770	1770	SB2134 - 49 - LRB104 03908 RLC 13932 b
1771	1771
1772	1772
1773	1773	SB2134- 50 -LRB104 03908 RLC 13932 b SB2134 - 50 - LRB104 03908 RLC 13932 b
1774	1774	SB2134 - 50 - LRB104 03908 RLC 13932 b
1775	1775	1 defendant. As used in this subsection (f), "intimate partner"
1776	1776	2 means a spouse or a current or former partner in a cohabitation
1777	1777	3 or dating relationship.
1778	1778	4 (a) In determining which conditions of pretrial release,
1779	1779	5 if any, will reasonably ensure the appearance of a defendant
1780	1780	6 as required or the safety of any other person or the community
1781	1781	7 and the likelihood of compliance by the defendant with all the
1782	1782	8 conditions of pretrial release, the court shall, on the basis
1783	1783	9 of available information, take into account such matters as:
1784	1784	10 (1) the nature and circumstances of the offense
1785	1785	11 charged;
1786	1786	12 (2) the weight of the evidence against the defendant,
1787	1787	13 except that the court may consider the admissibility of
1788	1788	14 any evidence sought to be excluded;
1789	1789	15 (3) the history and characteristics of the defendant,
1790	1790	16 including:
1791	1791	17 (A) the defendant's character, physical and mental
1792	1792	18 condition, family ties, employment, financial
1793	1793	19 resources, length of residence in the community,
1794	1794	20 community ties, past relating to drug or alcohol
1795	1795	21 abuse, conduct, history criminal history, and record
1796	1796	22 concerning appearance at court proceedings; and
1797	1797	23 (B) whether, at the time of the current offense or
1798	1798	24 arrest, the defendant was on probation, parole, or on
1799	1799	25 other release pending trial, sentencing, appeal, or
1800	1800	26 completion of sentence for an offense under federal
1801	1801
1802	1802
1803	1803
1804	1804
1805	1805
1806	1806	SB2134 - 50 - LRB104 03908 RLC 13932 b
1807	1807
1808	1808
1809	1809	SB2134- 51 -LRB104 03908 RLC 13932 b SB2134 - 51 - LRB104 03908 RLC 13932 b
1810	1810	SB2134 - 51 - LRB104 03908 RLC 13932 b
1811	1811	1 law, or the law of this or any other state;
1812	1812	2 (4) the nature and seriousness of the real and present
1813	1813	3 threat to the safety of any person or persons or the
1814	1814	4 community, based on the specific articulable facts of the
1815	1815	5 case, that would be posed by the defendant's release, if
1816	1816	6 applicable, as required under paragraph (7.5) of Section 4
1817	1817	7 of the Rights of Crime Victims and Witnesses Act;
1818	1818	8 (5) the nature and seriousness of the risk of
1819	1819	9 obstructing or attempting to obstruct the criminal justice
1820	1820	10 process that would be posed by the defendant's release, if
1821	1821	11 applicable;
1822	1822	12 (6) when a person is charged with a violation of a
1823	1823	13 protective order, domestic battery, aggravated domestic
1824	1824	14 battery, kidnapping, aggravated kidnaping, unlawful
1825	1825	15 restraint, aggravated unlawful restraint, cyberstalking,
1826	1826	16 harassment by telephone, harassment through electronic
1827	1827	17 communications, or an attempt to commit first degree
1828	1828	18 murder committed against a spouse or a current or former
1829	1829	19 partner in a cohabitation or dating relationship,
1830	1830	20 regardless of whether an order of protection has been
1831	1831	21 issued against the person, the court may consider the
1832	1832	22 following additional factors:
1833	1833	23 (A) whether the alleged incident involved
1834	1834	24 harassment or abuse, as defined in the Illinois
1835	1835	25 Domestic Violence Act of 1986;
1836	1836	26 (B) whether the person has a history of domestic
1837	1837
1838	1838
1839	1839
1840	1840
1841	1841
1842	1842	SB2134 - 51 - LRB104 03908 RLC 13932 b
1843	1843
1844	1844
1845	1845	SB2134- 52 -LRB104 03908 RLC 13932 b SB2134 - 52 - LRB104 03908 RLC 13932 b
1846	1846	SB2134 - 52 - LRB104 03908 RLC 13932 b
1847	1847	1 violence, as defined in the Illinois Domestic Violence
1848	1848	2 Act of 1986, or a history of other criminal acts;
1849	1849	3 (C) the mental health of the person;
1850	1850	4 (D) whether the person has a history of violating
1851	1851	5 the orders of any court or governmental entity;
1852	1852	6 (E) whether the person has been, or is,
1853	1853	7 potentially a threat to any other person;
1854	1854	8 (F) whether the person has access to deadly
1855	1855	9 weapons or a history of using deadly weapons;
1856	1856	10 (G) whether the person has a history of abusing
1857	1857	11 alcohol or any controlled substance;
1858	1858	12 (H) the severity of the alleged incident that is
1859	1859	13 the basis of the alleged offense, including, but not
1860	1860	14 limited to, the duration of the current incident, and
1861	1861	15 whether the alleged incident involved the use of a
1862	1862	16 weapon, physical injury, sexual assault,
1863	1863	17 strangulation, abuse during the alleged victim's
1864	1864	18 pregnancy, abuse of pets, or forcible entry to gain
1865	1865	19 access to the alleged victim;
1866	1866	20 (I) whether a separation of the person from the
1867	1867	21 victim of abuse or a termination of the relationship
1868	1868	22 between the person and the victim of abuse has
1869	1869	23 recently occurred or is pending;
1870	1870	24 (J) whether the person has exhibited obsessive or
1871	1871	25 controlling behaviors toward the victim of abuse,
1872	1872	26 including, but not limited to, stalking, surveillance,
1873	1873
1874	1874
1875	1875
1876	1876
1877	1877
1878	1878	SB2134 - 52 - LRB104 03908 RLC 13932 b
1879	1879
1880	1880
1881	1881	SB2134- 53 -LRB104 03908 RLC 13932 b SB2134 - 53 - LRB104 03908 RLC 13932 b
1882	1882	SB2134 - 53 - LRB104 03908 RLC 13932 b
1883	1883	1 or isolation of the victim of abuse or the victim's
1884	1884	2 family member or members;
1885	1885	3 (K) whether the person has expressed suicidal or
1886	1886	4 homicidal ideations; and
1887	1887	5 (L) any other factors deemed by the court to have a
1888	1888	6 reasonable bearing upon the defendant's propensity or
1889	1889	7 reputation for violent, abusive, or assaultive
1890	1890	8 behavior, or lack of that behavior.
1891	1891	9 (7) in cases of stalking or aggravated stalking under
1892	1892	10 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
1893	1893	11 court may consider the factors listed in paragraph (6) and
1894	1894	12 the following additional factors:
1895	1895	13 (A) any evidence of the defendant's prior criminal
1896	1896	14 history indicative of violent, abusive or assaultive
1897	1897	15 behavior, or lack of that behavior; the evidence may
1898	1898	16 include testimony or documents received in juvenile
1899	1899	17 proceedings, criminal, quasi-criminal, civil
1900	1900	18 commitment, domestic relations, or other proceedings;
1901	1901	19 (B) any evidence of the defendant's psychological,
1902	1902	20 psychiatric, or other similar social history that
1903	1903	21 tends to indicate a violent, abusive, or assaultive
1904	1904	22 nature, or lack of any such history;
1905	1905	23 (C) the nature of the threat that is the basis of
1906	1906	24 the charge against the defendant;
1907	1907	25 (D) any statements made by, or attributed to, the
1908	1908	26 defendant, together with the circumstances surrounding
1909	1909
1910	1910
1911	1911
1912	1912
1913	1913
1914	1914	SB2134 - 53 - LRB104 03908 RLC 13932 b
1915	1915
1916	1916
1917	1917	SB2134- 54 -LRB104 03908 RLC 13932 b SB2134 - 54 - LRB104 03908 RLC 13932 b
1918	1918	SB2134 - 54 - LRB104 03908 RLC 13932 b
1919	1919	1 them;
1920	1920	2 (E) the age and physical condition of any person
1921	1921	3 allegedly assaulted by the defendant;
1922	1922	4 (F) whether the defendant is known to possess or
1923	1923	5 have access to any weapon or weapons; and
1924	1924	6 (G) any other factors deemed by the court to have a
1925	1925	7 reasonable bearing upon the defendant's propensity or
1926	1926	8 reputation for violent, abusive, or assaultive
1927	1927	9 behavior, or lack of that behavior.
1928	1928	10 (b) The court may use a regularly validated risk
1929	1929	11 assessment tool to aid its determination of appropriate
1930	1930	12 conditions of release as provided under Section 110-6.4. If a
1931	1931	13 risk assessment tool is used, the defendant's counsel shall be
1932	1932	14 provided with the information and scoring system of the risk
1933	1933	15 assessment tool used to arrive at the determination. The
1934	1934	16 defendant retains the right to challenge the validity of a
1935	1935	17 risk assessment tool used by the court and to present evidence
1936	1936	18 relevant to the defendant's challenge.
1937	1937	19 (c) The court shall impose any conditions that are
1938	1938	20 mandatory under subsection (a) of Section 110-10. The court
1939	1939	21 may impose any conditions that are permissible under
1940	1940	22 subsection (b) of Section 110-10. The conditions of release
1941	1941	23 imposed shall be the least restrictive conditions or
1942	1942	24 combination of conditions necessary to reasonably ensure the
1943	1943	25 appearance of the defendant as required or the safety of any
1944	1944	26 other person or persons or the community.
1945	1945
1946	1946
1947	1947
1948	1948
1949	1949
1950	1950	SB2134 - 54 - LRB104 03908 RLC 13932 b
1951	1951
1952	1952
1953	1953	SB2134- 55 -LRB104 03908 RLC 13932 b SB2134 - 55 - LRB104 03908 RLC 13932 b
1954	1954	SB2134 - 55 - LRB104 03908 RLC 13932 b
1955	1955	1 (d) When a person is charged with a violation of a
1956	1956	2 protective order, the court may order the defendant placed
1957	1957	3 under electronic surveillance as a condition of pretrial
1958	1958	4 release, as provided in Section 5-8A-7 of the Unified Code of
1959	1959	5 Corrections, based on the information collected under
1960	1960	6 paragraph (6) of subsection (a) of this Section, the results
1961	1961	7 of any assessment conducted, or other circumstances of the
1962	1962	8 violation.
1963	1963	9 (e) If a person remains in pretrial detention 48 hours
1964	1964	10 after having been ordered released with pretrial conditions,
1965	1965	11 the court shall hold a hearing to determine the reason for
1966	1966	12 continued detention. If the reason for continued detention is
1967	1967	13 due to the unavailability or the defendant's ineligibility for
1968	1968	14 one or more pretrial conditions previously ordered by the
1969	1969	15 court or directed by a pretrial services agency, the court
1970	1970	16 shall reopen the conditions of release hearing to determine
1971	1971	17 what available pretrial conditions exist that will reasonably
1972	1972	18 ensure the appearance of a defendant as required, the safety
1973	1973	19 of any other person, and the likelihood of compliance by the
1974	1974	20 defendant with all the conditions of pretrial release. The
1975	1975	21 inability of the defendant to pay for a condition of release or
1976	1976	22 any other ineligibility for a condition of pretrial release
1977	1977	23 shall not be used as a justification for the pretrial
1978	1978	24 detention of that defendant.
1979	1979	25 (f) Prior to the defendant's first appearance, and with
1980	1980	26 sufficient time for meaningful attorney-client contact to
1981	1981
1982	1982
1983	1983
1984	1984
1985	1985
1986	1986	SB2134 - 55 - LRB104 03908 RLC 13932 b
1987	1987
1988	1988
1989	1989	SB2134- 56 -LRB104 03908 RLC 13932 b SB2134 - 56 - LRB104 03908 RLC 13932 b
1990	1990	SB2134 - 56 - LRB104 03908 RLC 13932 b
1991	1991	1 gather information in order to advocate effectively for the
1992	1992	2 defendant's pretrial release, the court shall appoint the
1993	1993	3 public defender or a licensed attorney at law of this State to
1994	1994	4 represent the defendant for purposes of that hearing, unless
1995	1995	5 the defendant has obtained licensed counsel. Defense counsel
1996	1996	6 shall have access to the same documentary information relied
1997	1997	7 upon by the prosecution and presented to the court.
1998	1998	8 (f-5) At each subsequent appearance of the defendant
1999	1999	9 before the court, the judge must find that the current
2000	2000	10 conditions imposed are necessary to reasonably ensure the
2001	2001	11 appearance of the defendant as required, the safety of any
2002	2002	12 other person, and the compliance of the defendant with all the
2003	2003	13 conditions of pretrial release. The court is not required to
2004	2004	14 be presented with new information or a change in circumstance
2005	2005	15 to remove pretrial conditions.
2006	2006	16 (g) Electronic monitoring, GPS monitoring, or home
2007	2007	17 confinement can only be imposed as a condition of pretrial
2008	2008	18 release if a no less restrictive condition of release or
2009	2009	19 combination of less restrictive condition of release would
2010	2010	20 reasonably ensure the appearance of the defendant for later
2011	2011	21 hearings or protect an identifiable person or persons from
2012	2012	22 imminent threat of serious physical harm.
2013	2013	23 (h) If the court imposes electronic monitoring, GPS
2014	2014	24 monitoring, or home confinement, the court shall set forth in
2015	2015	25 the record the basis for its finding. A defendant shall be
2016	2016	26 given custodial credit for each day he or she was subjected to
2017	2017
2018	2018
2019	2019
2020	2020
2021	2021
2022	2022	SB2134 - 56 - LRB104 03908 RLC 13932 b
2023	2023
2024	2024
2025	2025	SB2134- 57 -LRB104 03908 RLC 13932 b SB2134 - 57 - LRB104 03908 RLC 13932 b
2026	2026	SB2134 - 57 - LRB104 03908 RLC 13932 b
2027	2027	1 home confinement, at the same rate described in subsection (b)
2028	2028	2 of Section 5-4.5-100 of the Unified Code of Corrections. The
2029	2029	3 court may give custodial credit to a defendant for each day the
2030	2030	4 defendant was subjected to GPS monitoring without home
2031	2031	5 confinement or electronic monitoring without home confinement.
2032	2032	6 (i) If electronic monitoring, GPS monitoring, or home
2033	2033	7 confinement is imposed, the court shall determine every 60
2034	2034	8 days if no less restrictive condition of release or
2035	2035	9 combination of less restrictive conditions of release would
2036	2036	10 reasonably ensure the appearance, or continued appearance, of
2037	2037	11 the defendant for later hearings or protect an identifiable
2038	2038	12 person or persons from imminent threat of serious physical
2039	2039	13 harm. If the court finds that there are less restrictive
2040	2040	14 conditions of release, the court shall order that the
2041	2041	15 condition be removed. This subsection takes effect January 1,
2042	2042	16 2022.
2043	2043	17 (j) Crime Victims shall be given notice by the State's
2044	2044	18 Attorney's office of this hearing as required in paragraph (1)
2045	2045	19 of subsection (b) of Section 4.5 of the Rights of Crime Victims
2046	2046	20 and Witnesses Act and shall be informed of their opportunity
2047	2047	21 at this hearing to obtain a protective order.
2048	2048	22 (k) The State and defendants may appeal court orders
2049	2049	23 imposing conditions of pretrial release.
2050	2050	24 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
2051	2051	25 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
2052	2052	26 1-1-23.)
2053	2053
2054	2054
2055	2055
2056	2056
2057	2057
2058	2058	SB2134 - 57 - LRB104 03908 RLC 13932 b
2059	2059
2060	2060
2061	2061	SB2134- 58 -LRB104 03908 RLC 13932 b SB2134 - 58 - LRB104 03908 RLC 13932 b
2062	2062	SB2134 - 58 - LRB104 03908 RLC 13932 b
2063	2063	1 (725 ILCS 5/110-5.2)
2064	2064	2 Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial
2065	2065	3 detainee.
2066	2066	4 (a) It is the policy of this State that a pre-trial
2067	2067	5 detainee shall not be required to deliver a child while in
2068	2068	6 custody absent a finding by the court that continued pre-trial
2069	2069	7 custody is necessary to protect the public or the victim of the
2070	2070	8 offense on which the charge is based alleviate a real and
2071	2071	9 present threat to the safety of any person or persons or the
2072	2072	10 community, based on the specific articulable facts of the
2073	2073	11 case, or prevent the defendant's willful flight.
2074	2074	12 (b) If the court reasonably believes that a pre-trial
2075	2075	13 detainee will give birth while in custody, the court shall
2076	2076	14 order an alternative to custody unless, after a hearing, the
2077	2077	15 court determines:
2078	2078	16 (1) that the release of the pregnant pre-trial
2079	2079	17 detainee would pose a real and present threat to the
2080	2080	18 physical safety of the alleged victim of the offense and
2081	2081	19 continuing custody is necessary to prevent the fulfillment
2082	2082	20 of the threat upon which the charge is based; or the
2083	2083	21 pregnant pretrial detainee is charged with an offense for
2084	2084	22 which pretrial release may be denied under Section
2085	2085	23 110-6.1; and
2086	2086	24 (2) that the release of the pregnant pre-trial
2087	2087	25 detainee would pose a real and present threat to the
2088	2088
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093	SB2134 - 58 - LRB104 03908 RLC 13932 b
2094	2094
2095	2095
2096	2096	SB2134- 59 -LRB104 03908 RLC 13932 b SB2134 - 59 - LRB104 03908 RLC 13932 b
2097	2097	SB2134 - 59 - LRB104 03908 RLC 13932 b
2098	2098	1 physical safety of any person or persons or the general
2099	2099	2 public after a hearing under Section 110-6.1 that
2100	2100	3 considers the circumstances of the pregnancy, the court
2101	2101	4 determines that continued detention is the only way to
2102	2102	5 prevent a real and present threat to the safety of any
2103	2103	6 person or persons or the community, based on the specific
2104	2104	7 articulable facts of the case, or prevent the defendant's
2105	2105	8 willful flight.
2106	2106	9 (c) The court may order a pregnant or post-partum detainee
2107	2107	10 to be subject to electronic monitoring as a condition of
2108	2108	11 pre-trial release or order other condition or combination of
2109	2109	12 conditions the court reasonably determines are in the best
2110	2110	13 interest of the detainee and the public. Electronic Monitoring
2111	2111	14 may be ordered by the court only if no less restrictive
2112	2112	15 condition of release or combination of less restrictive
2113	2113	16 conditions of release would reasonably ensure the appearance,
2114	2114	17 or continued appearance, of the defendant for later hearings
2115	2115	18 or protect an identifiable person or persons from imminent
2116	2116	19 threat of serious physical harm. All pregnant people or those
2117	2117	20 who have given birth within 6 weeks shall be granted ample
2118	2118	21 movement to attend doctor's appointments and for emergencies
2119	2119	22 related to the health of the pregnancy, infant, or postpartum
2120	2120	23 person.
2121	2121	24 (d) This Section shall be applicable to a pregnant
2122	2122	25 pre-trial detainee in custody on or after the effective date
2123	2123	26 of this amendatory Act of the 100th General Assembly.
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128
2129	2129	SB2134 - 59 - LRB104 03908 RLC 13932 b
2130	2130
2131	2131
2132	2132	SB2134- 60 -LRB104 03908 RLC 13932 b SB2134 - 60 - LRB104 03908 RLC 13932 b
2133	2133	SB2134 - 60 - LRB104 03908 RLC 13932 b
2134	2134	1 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
2135	2135	2 (725 ILCS 5/110-6)
2136	2136	3 Sec. 110-6. Modification of bail or conditions Revocation
2137	2137	4 of pretrial release, modification of conditions of pretrial
2138	2138	5 release, and sanctions for violations of conditions of
2139	2139	6 pretrial release.
2140	2140	7 (a) Upon verified application by the State or the
2141	2141	8 defendant or on its own motion the court before which the
2142	2142	9 proceeding is pending may increase or reduce the amount of
2143	2143	10 bail or may alter the conditions of the bail bond or grant bail
2144	2144	11 where it has been previously revoked or denied. If bail has
2145	2145	12 been previously revoked pursuant to subsection (f) of this
2146	2146	13 Section or if bail has been denied to the defendant pursuant to
2147	2147	14 subsection (e) of Section 110-6.1 or subsection (e) of Section
2148	2148	15 110-6.3-1, the defendant shall be required to present a
2149	2149	16 verified application setting forth in detail any new facts not
2150	2150	17 known or obtainable at the time of the previous revocation or
2151	2151	18 denial of bail proceedings. If the court grants bail where it
2152	2152	19 has been previously revoked or denied, the court shall state
2153	2153	20 on the record of the proceedings the findings of facts and
2154	2154	21 conclusion of law upon which such order is based.
2155	2155	22 (a-5) In addition to any other available motion or
2156	2156	23 procedure under this Code, a person in custody solely for a
2157	2157	24 Category B offense due to an inability to post monetary bail
2158	2158	25 shall be brought before the court at the next available court
2159	2159
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164	SB2134 - 60 - LRB104 03908 RLC 13932 b
2165	2165
2166	2166
2167	2167	SB2134- 61 -LRB104 03908 RLC 13932 b SB2134 - 61 - LRB104 03908 RLC 13932 b
2168	2168	SB2134 - 61 - LRB104 03908 RLC 13932 b
2169	2169	1 date or 7 calendar days from the date bail was set, whichever
2170	2170	2 is earlier, for a rehearing on the amount or conditions of bail
2171	2171	3 or release pending further court proceedings. The court may
2172	2172	4 reconsider conditions of release for any other person whose
2173	2173	5 inability to post monetary bail is the sole reason for
2174	2174	6 continued incarceration, including a person in custody for a
2175	2175	7 Category A offense or a Category A offense and a Category B
2176	2176	8 offense. The court may deny the rehearing permitted under this
2177	2177	9 subsection (a-5) if the person has failed to appear as
2178	2178	10 required before the court and is incarcerated based on a
2179	2179	11 warrant for failure to appear on the same original criminal
2180	2180	12 offense.
2181	2181	13 (b) Violation of the conditions of Section 110-10 of this
2182	2182	14 Code or any special conditions of bail as ordered by the court
2183	2183	15 shall constitute grounds for the court to increase the amount
2184	2184	16 of bail, or otherwise alter the conditions of bail, or, where
2185	2185	17 the alleged offense committed on bail is a forcible felony in
2186	2186	18 Illinois or a Class 2 or greater offense under the Illinois
2187	2187	19 Controlled Substances Act, the Cannabis Control Act, or the
2188	2188	20 Methamphetamine Control and Community Protection Act, revoke
2189	2189	21 bail pursuant to the appropriate provisions of subsection (e)
2190	2190	22 of this Section.
2191	2191	23 (c) Reasonable notice of such application by the defendant
2192	2192	24 shall be given to the State.
2193	2193	25 (d) Reasonable notice of such application by the State
2194	2194	26 shall be given to the defendant, except as provided in
2195	2195
2196	2196
2197	2197
2198	2198
2199	2199
2200	2200	SB2134 - 61 - LRB104 03908 RLC 13932 b
2201	2201
2202	2202
2203	2203	SB2134- 62 -LRB104 03908 RLC 13932 b SB2134 - 62 - LRB104 03908 RLC 13932 b
2204	2204	SB2134 - 62 - LRB104 03908 RLC 13932 b
2205	2205	1 subsection (e).
2206	2206	2 (e) Upon verified application by the State stating facts
2207	2207	3 or circumstances constituting a violation or a threatened
2208	2208	4 violation of any of the conditions of the bail bond the court
2209	2209	5 may issue a warrant commanding any peace officer to bring the
2210	2210	6 defendant without unnecessary delay before the court for a
2211	2211	7 hearing on the matters set forth in the application. If the
2212	2212	8 actual court before which the proceeding is pending is absent
2213	2213	9 or otherwise unavailable another court may issue a warrant
2214	2214	10 pursuant to this Section. When the defendant is charged with a
2215	2215	11 felony offense and while free on bail is charged with a
2216	2216	12 subsequent felony offense and is the subject of a proceeding
2217	2217	13 set forth in Section 109-1 or 109-3 of this Code, upon the
2218	2218	14 filing of a verified petition by the State alleging a
2219	2219	15 violation of Section 110-10 (a) (4) of this Code, the court
2220	2220	16 shall without prior notice to the defendant, grant leave to
2221	2221	17 file such application and shall order the transfer of the
2222	2222	18 defendant and the application without unnecessary delay to the
2223	2223	19 court before which the previous felony matter is pending for a
2224	2224	20 hearing as provided in subsection (b) or this subsection of
2225	2225	21 this Section. The defendant shall be held without bond pending
2226	2226	22 transfer to and a hearing before such court. At the conclusion
2227	2227	23 of the hearing based on a violation of the conditions of
2228	2228	24 Section 110-10 of this Code or any special conditions of bail
2229	2229	25 as ordered by the court, the court may enter an order
2230	2230	26 increasing the amount of bail or alter the conditions of bail
2231	2231
2232	2232
2233	2233
2234	2234
2235	2235
2236	2236	SB2134 - 62 - LRB104 03908 RLC 13932 b
2237	2237
2238	2238
2239	2239	SB2134- 63 -LRB104 03908 RLC 13932 b SB2134 - 63 - LRB104 03908 RLC 13932 b
2240	2240	SB2134 - 63 - LRB104 03908 RLC 13932 b
2241	2241	1 as deemed appropriate.
2242	2242	2 (f) Where the alleged violation consists of the violation
2243	2243	3 of one or more felony statutes of any jurisdiction which would
2244	2244	4 be a forcible felony in Illinois or a Class 2 or greater
2245	2245	5 offense under the Illinois Controlled Substances Act, the
2246	2246	6 Cannabis Control Act, or the Methamphetamine Control and
2247	2247	7 Community Protection Act and the defendant is on bail for the
2248	2248	8 alleged commission of a felony, or where the defendant is on
2249	2249	9 bail for a felony domestic battery (enhanced pursuant to
2250	2250	10 subsection (b) of Section 12-3.2 of the Criminal Code of 1961
2251	2251	11 or the Criminal Code of 2012), aggravated domestic battery,
2252	2252	12 aggravated battery, unlawful restraint, aggravated unlawful
2253	2253	13 restraint or domestic battery in violation of item (1) of
2254	2254	14 subsection (a) of Section 12-3.2 of the Criminal Code of 1961
2255	2255	15 or the Criminal Code of 2012 against a family or household
2256	2256	16 member as defined in Section 112A-3 of this Code and the
2257	2257	17 violation is an offense of domestic battery against the same
2258	2258	18 victim the court shall, on the motion of the State or its own
2259	2259	19 motion, revoke bail in accordance with the following
2260	2260	20 provisions:
2261	2261	21 (1) The court shall hold the defendant without bail
2262	2262	22 pending the hearing on the alleged breach; however, if the
2263	2263	23 defendant is not admitted to bail the hearing shall be
2264	2264	24 commenced within 10 days from the date the defendant is
2265	2265	25 taken into custody or the defendant may not be held any
2266	2266	26 longer without bail, unless delay is occasioned by the
2267	2267
2268	2268
2269	2269
2270	2270
2271	2271
2272	2272	SB2134 - 63 - LRB104 03908 RLC 13932 b
2273	2273
2274	2274
2275	2275	SB2134- 64 -LRB104 03908 RLC 13932 b SB2134 - 64 - LRB104 03908 RLC 13932 b
2276	2276	SB2134 - 64 - LRB104 03908 RLC 13932 b
2277	2277	1 defendant. Where defendant occasions the delay, the
2278	2278	2 running of the 10 day period is temporarily suspended and
2279	2279	3 resumes at the termination of the period of delay. Where
2280	2280	4 defendant occasions the delay with 5 or fewer days
2281	2281	5 remaining in the 10 day period, the court may grant a
2282	2282	6 period of up to 5 additional days to the State for good
2283	2283	7 cause shown. The State, however, shall retain the right to
2284	2284	8 proceed to hearing on the alleged violation at any time,
2285	2285	9 upon reasonable notice to the defendant and the court.
2286	2286	10 (2) At a hearing on the alleged violation the State
2287	2287	11 has the burden of going forward and proving the violation
2288	2288	12 by clear and convincing evidence. The evidence shall be
2289	2289	13 presented in open court with the opportunity to testify,
2290	2290	14 to present witnesses in his behalf, and to cross-examine
2291	2291	15 witnesses if any are called by the State, and
2292	2292	16 representation by counsel and if the defendant is indigent
2293	2293	17 to have counsel appointed for him. The rules of evidence
2294	2294	18 applicable in criminal trials in this State shall not
2295	2295	19 govern the admissibility of evidence at such hearing.
2296	2296	20 Information used by the court in its findings or stated in
2297	2297	21 or offered in connection with hearings for increase or
2298	2298	22 revocation of bail may be by way of proffer based upon
2299	2299	23 reliable information offered by the State or defendant.
2300	2300	24 All evidence shall be admissible if it is relevant and
2301	2301	25 reliable regardless of whether it would be admissible
2302	2302	26 under the rules of evidence applicable at criminal trials.
2303	2303
2304	2304
2305	2305
2306	2306
2307	2307
2308	2308	SB2134 - 64 - LRB104 03908 RLC 13932 b
2309	2309
2310	2310
2311	2311	SB2134- 65 -LRB104 03908 RLC 13932 b SB2134 - 65 - LRB104 03908 RLC 13932 b
2312	2312	SB2134 - 65 - LRB104 03908 RLC 13932 b
2313	2313	1 A motion by the defendant to suppress evidence or to
2314	2314	2 suppress a confession shall not be entertained at such a
2315	2315	3 hearing. Evidence that proof may have been obtained as a
2316	2316	4 result of an unlawful search and seizure or through
2317	2317	5 improper interrogation is not relevant to this hearing.
2318	2318	6 (3) Upon a finding by the court that the State has
2319	2319	7 established by clear and convincing evidence that the
2320	2320	8 defendant has committed a forcible felony or a Class 2 or
2321	2321	9 greater offense under the Illinois Controlled Substances
2322	2322	10 Act, the Cannabis Control Act, or the Methamphetamine
2323	2323	11 Control and Community Protection Act while admitted to
2324	2324	12 bail, or where the defendant is on bail for a felony
2325	2325	13 domestic battery (enhanced pursuant to subsection (b) of
2326	2326	14 Section 12-3.2 of the Criminal Code of 1961 or the
2327	2327	15 Criminal Code of 2012), aggravated domestic battery,
2328	2328	16 aggravated battery, unlawful restraint, aggravated
2329	2329	17 unlawful restraint or domestic battery in violation of
2330	2330	18 item (1) of subsection (a) of Section 12-3.2 of the
2331	2331	19 Criminal Code of 1961 or the Criminal Code of 2012 against
2332	2332	20 a family or household member as defined in Section 112A-3
2333	2333	21 of this Code and the violation is an offense of domestic
2334	2334	22 battery, against the same victim, the court shall revoke
2335	2335	23 the bail of the defendant and hold the defendant for trial
2336	2336	24 without bail. Neither the finding of the court nor any
2337	2337	25 transcript or other record of the hearing shall be
2338	2338	26 admissible in the State's case in chief, but shall be
2339	2339
2340	2340
2341	2341
2342	2342
2343	2343
2344	2344	SB2134 - 65 - LRB104 03908 RLC 13932 b
2345	2345
2346	2346
2347	2347	SB2134- 66 -LRB104 03908 RLC 13932 b SB2134 - 66 - LRB104 03908 RLC 13932 b
2348	2348	SB2134 - 66 - LRB104 03908 RLC 13932 b
2349	2349	1 admissible for impeachment, or as provided in Section
2350	2350	2 115-10.1 of this Code or in a perjury proceeding.
2351	2351	3 (4) If the bail of any defendant is revoked pursuant
2352	2352	4 to paragraph (f) (3) of this Section, the defendant may
2353	2353	5 demand and shall be entitled to be brought to trial on the
2354	2354	6 offense with respect to which he was formerly released on
2355	2355	7 bail within 90 days after the date on which his bail was
2356	2356	8 revoked. If the defendant is not brought to trial within
2357	2357	9 the 90 day period required by the preceding sentence, he
2358	2358	10 shall not be held longer without bail. In computing the 90
2359	2359	11 day period, the court shall omit any period of delay
2360	2360	12 resulting from a continuance granted at the request of the
2361	2361	13 defendant.
2362	2362	14 (5) If the defendant either is arrested on a warrant
2363	2363	15 issued pursuant to this Code or is arrested for an
2364	2364	16 unrelated offense and it is subsequently discovered that
2365	2365	17 the defendant is a subject of another warrant or warrants
2366	2366	18 issued pursuant to this Code, the defendant shall be
2367	2367	19 transferred promptly to the court which issued such
2368	2368	20 warrant. If, however, the defendant appears initially
2369	2369	21 before a court other than the court which issued such
2370	2370	22 warrant, the non-issuing court shall not alter the amount
2371	2371	23 of bail set on such warrant unless the court sets forth on
2372	2372	24 the record of proceedings the conclusions of law and facts
2373	2373	25 which are the basis for such altering of another court's
2374	2374	26 bond. The non-issuing court shall not alter another
2375	2375
2376	2376
2377	2377
2378	2378
2379	2379
2380	2380	SB2134 - 66 - LRB104 03908 RLC 13932 b
2381	2381
2382	2382
2383	2383	SB2134- 67 -LRB104 03908 RLC 13932 b SB2134 - 67 - LRB104 03908 RLC 13932 b
2384	2384	SB2134 - 67 - LRB104 03908 RLC 13932 b
2385	2385	1 court's bail set on a warrant unless the interests of
2386	2386	2 justice and public safety are served by such action.
2387	2387	3 (g) The State may appeal any order where the court has
2388	2388	4 increased or reduced the amount of bail or altered the
2389	2389	5 conditions of the bail bond or granted bail where it has
2390	2390	6 previously been revoked.
2391	2391	7 (a) When a defendant has previously been granted pretrial
2392	2392	8 release under this Section for a felony or Class A
2393	2393	9 misdemeanor, that pretrial release may be revoked only if the
2394	2394	10 defendant is charged with a felony or Class A misdemeanor that
2395	2395	11 is alleged to have occurred during the defendant's pretrial
2396	2396	12 release after a hearing on the court's own motion or upon the
2397	2397	13 filing of a verified petition by the State.
2398	2398	14 When a defendant released pretrial is charged with a
2399	2399	15 violation of a protective order or was previously convicted of
2400	2400	16 a violation of a protective order and the subject of the
2401	2401	17 protective order is the same person as the victim in the
2402	2402	18 current underlying matter, the State shall file a verified
2403	2403	19 petition seeking revocation of pretrial release.
2404	2404	20 Upon the filing of a petition or upon motion of the court
2405	2405	21 seeking revocation, the court shall order the transfer of the
2406	2406	22 defendant and the petition or motion to the court before which
2407	2407	23 the previous felony or Class A misdemeanor is pending. The
2408	2408	24 defendant may be held in custody pending transfer to and a
2409	2409	25 hearing before such court. The defendant shall be transferred
2410	2410	26 to the court before which the previous matter is pending
2411	2411
2412	2412
2413	2413
2414	2414
2415	2415
2416	2416	SB2134 - 67 - LRB104 03908 RLC 13932 b
2417	2417
2418	2418
2419	2419	SB2134- 68 -LRB104 03908 RLC 13932 b SB2134 - 68 - LRB104 03908 RLC 13932 b
2420	2420	SB2134 - 68 - LRB104 03908 RLC 13932 b
2421	2421	1 without unnecessary delay, and the revocation hearing shall
2422	2422	2 occur within 72 hours of the filing of the State's petition or
2423	2423	3 the court's motion for revocation.
2424	2424	4 A hearing at which pretrial release may be revoked must be
2425	2425	5 conducted in person (and not by way of two-way audio-visual
2426	2426	6 communication) unless the accused waives the right to be
2427	2427	7 present physically in court, the court determines that the
2428	2428	8 physical health and safety of any person necessary to the
2429	2429	9 proceedings would be endangered by appearing in court, or the
2430	2430	10 chief judge of the circuit orders use of that system due to
2431	2431	11 operational challenges in conducting the hearing in person.
2432	2432	12 Such operational challenges must be documented and approved by
2433	2433	13 the chief judge of the circuit, and a plan to address the
2434	2434	14 challenges through reasonable efforts must be presented and
2435	2435	15 approved by the Administrative Office of the Illinois Courts
2436	2436	16 every 6 months.
2437	2437	17 The court before which the previous felony matter or Class
2438	2438	18 A misdemeanor is pending may revoke the defendant's pretrial
2439	2439	19 release after a hearing. During the hearing for revocation,
2440	2440	20 the defendant shall be represented by counsel and have an
2441	2441	21 opportunity to be heard regarding the violation and evidence
2442	2442	22 in mitigation. The court shall consider all relevant
2443	2443	23 circumstances, including, but not limited to, the nature and
2444	2444	24 seriousness of the violation or criminal act alleged. The
2445	2445	25 State shall bear the burden of proving, by clear and
2446	2446	26 convincing evidence, that no condition or combination of
2447	2447
2448	2448
2449	2449
2450	2450
2451	2451
2452	2452	SB2134 - 68 - LRB104 03908 RLC 13932 b
2453	2453
2454	2454
2455	2455	SB2134- 69 -LRB104 03908 RLC 13932 b SB2134 - 69 - LRB104 03908 RLC 13932 b
2456	2456	SB2134 - 69 - LRB104 03908 RLC 13932 b
2457	2457	1 conditions of release would reasonably ensure the appearance
2458	2458	2 of the defendant for later hearings or prevent the defendant
2459	2459	3 from being charged with a subsequent felony or Class A
2460	2460	4 misdemeanor.
2461	2461	5 In lieu of revocation, the court may release the defendant
2462	2462	6 pre-trial, with or without modification of conditions of
2463	2463	7 pretrial release.
2464	2464	8 If the case that caused the revocation is dismissed, the
2465	2465	9 defendant is found not guilty in the case causing the
2466	2466	10 revocation, or the defendant completes a lawfully imposed
2467	2467	11 sentence on the case causing the revocation, the court shall,
2468	2468	12 without unnecessary delay, hold a hearing on conditions of
2469	2469	13 pretrial release pursuant to Section 110-5 and release the
2470	2470	14 defendant with or without modification of conditions of
2471	2471	15 pretrial release.
2472	2472	16 Both the State and the defendant may appeal an order
2473	2473	17 revoking pretrial release or denying a petition for revocation
2474	2474	18 of release.
2475	2475	19 (b) If a defendant previously has been granted pretrial
2476	2476	20 release under this Section for a Class B or Class C misdemeanor
2477	2477	21 offense, a petty or business offense, or an ordinance
2478	2478	22 violation and if the defendant is subsequently charged with a
2479	2479	23 felony that is alleged to have occurred during the defendant's
2480	2480	24 pretrial release or a Class A misdemeanor offense that is
2481	2481	25 alleged to have occurred during the defendant's pretrial
2482	2482	26 release, such pretrial release may not be revoked, but the
2483	2483
2484	2484
2485	2485
2486	2486
2487	2487
2488	2488	SB2134 - 69 - LRB104 03908 RLC 13932 b
2489	2489
2490	2490
2491	2491	SB2134- 70 -LRB104 03908 RLC 13932 b SB2134 - 70 - LRB104 03908 RLC 13932 b
2492	2492	SB2134 - 70 - LRB104 03908 RLC 13932 b
2493	2493	1 court may impose sanctions under subsection (c).
2494	2494	2 (c) The court shall follow the procedures set forth in
2495	2495	3 Section 110-3 to ensure the defendant's appearance in court if
2496	2496	4 the defendant:
2497	2497	5 (1) fails to appear in court as required by the
2498	2498	6 defendant's conditions of release;
2499	2499	7 (2) is charged with a felony or Class A misdemeanor
2500	2500	8 offense that is alleged to have occurred during the
2501	2501	9 defendant's pretrial release after having been previously
2502	2502	10 granted pretrial release for a Class B or Class C
2503	2503	11 misdemeanor, a petty or business offense, or an ordinance
2504	2504	12 violation that is alleged to have occurred during the
2505	2505	13 defendant's pretrial release;
2506	2506	14 (3) is charged with a Class B or C misdemeanor
2507	2507	15 offense, petty or business offense, or ordinance violation
2508	2508	16 that is alleged to have occurred during the defendant's
2509	2509	17 pretrial release; or
2510	2510	18 (4) violates any other condition of pretrial release
2511	2511	19 set by the court.
2512	2512	20 In response to a violation described in this subsection,
2513	2513	21 the court may issue a warrant specifying that the defendant
2514	2514	22 must appear before the court for a hearing for sanctions and
2515	2515	23 may not be released by law enforcement before that appearance.
2516	2516	24 (d) When a defendant appears in court pursuant to a
2517	2517	25 summons or warrant issued in accordance with Section 110-3 or
2518	2518	26 after being arrested for an offense that is alleged to have
2519	2519
2520	2520
2521	2521
2522	2522
2523	2523
2524	2524	SB2134 - 70 - LRB104 03908 RLC 13932 b
2525	2525
2526	2526
2527	2527	SB2134- 71 -LRB104 03908 RLC 13932 b SB2134 - 71 - LRB104 03908 RLC 13932 b
2528	2528	SB2134 - 71 - LRB104 03908 RLC 13932 b
2529	2529	1 occurred during the defendant's pretrial release, the State
2530	2530	2 may file a verified petition requesting a hearing for
2531	2531	3 sanctions.
2532	2532	4 (e) During the hearing for sanctions, the defendant shall
2533	2533	5 be represented by counsel and have an opportunity to be heard
2534	2534	6 regarding the violation and evidence in mitigation. The State
2535	2535	7 shall bear the burden of proving by clear and convincing
2536	2536	8 evidence that:
2537	2537	9 (1) the defendant committed an act that violated a
2538	2538	10 term of the defendant's pretrial release;
2539	2539	11 (2) the defendant had actual knowledge that the
2540	2540	12 defendant's action would violate a court order;
2541	2541	13 (3) the violation of the court order was willful; and
2542	2542	14 (4) the violation was not caused by a lack of access to
2543	2543	15 financial monetary resources.
2544	2544	16 (f) Sanctions for violations of pretrial release may
2545	2545	17 include:
2546	2546	18 (1) a verbal or written admonishment from the court;
2547	2547	19 (2) imprisonment in the county jail for a period not
2548	2548	20 exceeding 30 days;
2549	2549	21 (3) (Blank); or
2550	2550	22 (4) a modification of the defendant's pretrial
2551	2551	23 conditions.
2552	2552	24 (g) The court may, at any time, after motion by either
2553	2553	25 party or on its own motion, remove previously set conditions
2554	2554	26 of pretrial release, subject to the provisions in this
2555	2555
2556	2556
2557	2557
2558	2558
2559	2559
2560	2560	SB2134 - 71 - LRB104 03908 RLC 13932 b
2561	2561
2562	2562
2563	2563	SB2134- 72 -LRB104 03908 RLC 13932 b SB2134 - 72 - LRB104 03908 RLC 13932 b
2564	2564	SB2134 - 72 - LRB104 03908 RLC 13932 b
2565	2565	1 subsection. The court may only add or increase conditions of
2566	2566	2 pretrial release at a hearing under this Section.
2567	2567	3 The court shall not remove a previously set condition of
2568	2568	4 pretrial release regulating contact with a victim or witness
2569	2569	5 in the case, unless the subject of the condition has been given
2570	2570	6 notice of the hearing as required in paragraph (1) of
2571	2571	7 subsection (b) of Section 4.5 of the Rights of Crime Victims
2572	2572	8 and Witnesses Act. If the subject of the condition of release
2573	2573	9 is not present, the court shall follow the procedures of
2574	2574	10 paragraph (10) of subsection (c-1) of the Rights of Crime
2575	2575	11 Victims and Witnesses Act.
2576	2576	12 (h) Crime victims shall be given notice by the State's
2577	2577	13 Attorney's office of all hearings under this Section as
2578	2578	14 required in paragraph (1) of subsection (b) of Section 4.5 of
2579	2579	15 the Rights of Crime Victims and Witnesses Act and shall be
2580	2580	16 informed of their opportunity at these hearings to obtain a
2581	2581	17 protective order.
2582	2582	18 (i) Nothing in this Section shall be construed to limit
2583	2583	19 the State's ability to file a verified petition seeking denial
2584	2584	20 of pretrial release under subsection (a) of Section 110-6.1 or
2585	2585	21 subdivision (d)(2) of Section 110-6.1.
2586	2586	22 (j) At each subsequent appearance of the defendant before
2587	2587	23 the court, the judge must find that continued detention under
2588	2588	24 this Section is necessary to reasonably ensure the appearance
2589	2589	25 of the defendant for later hearings or to prevent the
2590	2590	26 defendant from being charged with a subsequent felony or Class
2591	2591
2592	2592
2593	2593
2594	2594
2595	2595
2596	2596	SB2134 - 72 - LRB104 03908 RLC 13932 b
2597	2597
2598	2598
2599	2599	SB2134- 73 -LRB104 03908 RLC 13932 b SB2134 - 73 - LRB104 03908 RLC 13932 b
2600	2600	SB2134 - 73 - LRB104 03908 RLC 13932 b
2601	2601	1 A misdemeanor.
2602	2602	2 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
2603	2603	3 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
2604	2604	4 Sec. 110-6.1. Denial of bail in non-probationable felony
2605	2605	5 offenses pretrial release.
2606	2606	6 (a) Upon verified petition by the State, the court shall
2607	2607	7 hold a hearing to determine whether bail should be denied to a
2608	2608	8 defendant who is charged with a felony offense for which a
2609	2609	9 sentence of imprisonment, without probation, periodic
2610	2610	10 imprisonment or conditional discharge, is required by law upon
2611	2611	11 conviction, when it is alleged that the defendant's admission
2612	2612	12 to bail poses a real and present threat to the physical safety
2613	2613	13 of any person or persons.
2614	2614	14 (1) A petition may be filed without prior notice to
2615	2615	15 the defendant at the first appearance before a judge, or
2616	2616	16 within the 21 calendar days, except as provided in Section
2617	2617	17 110-6, after arrest and release of the defendant upon
2618	2618	18 reasonable notice to defendant; provided that while such
2619	2619	19 petition is pending before the court, the defendant if
2620	2620	20 previously released shall not be detained.
2621	2621	21 (2) The hearing shall be held immediately upon the
2622	2622	22 defendant's appearance before the court, unless for good
2623	2623	23 cause shown the defendant or the State seeks a
2624	2624	24 continuance. A continuance on motion of the defendant may
2625	2625	25 not exceed 5 calendar days, and a continuance on the
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630
2631	2631	SB2134 - 73 - LRB104 03908 RLC 13932 b
2632	2632
2633	2633
2634	2634	SB2134- 74 -LRB104 03908 RLC 13932 b SB2134 - 74 - LRB104 03908 RLC 13932 b
2635	2635	SB2134 - 74 - LRB104 03908 RLC 13932 b
2636	2636	1 motion of the State may not exceed 3 calendar days. The
2637	2637	2 defendant may be held in custody during such continuance.
2638	2638	3 (b) The court may deny bail to the defendant where, after
2639	2639	4 the hearing, it is determined that:
2640	2640	5 (1) the proof is evident or the presumption great that
2641	2641	6 the defendant has committed an offense for which a
2642	2642	7 sentence of imprisonment, without probation, periodic
2643	2643	8 imprisonment or conditional discharge, must be imposed by
2644	2644	9 law as a consequence of conviction, and
2645	2645	10 (2) the defendant poses a real and present threat to
2646	2646	11 the physical safety of any person or persons, by conduct
2647	2647	12 which may include, but is not limited to, a forcible
2648	2648	13 felony, the obstruction of justice, intimidation, injury,
2649	2649	14 physical harm, an offense under the Illinois Controlled
2650	2650	15 Substances Act which is a Class X felony, or an offense
2651	2651	16 under the Methamphetamine Control and Community Protection
2652	2652	17 Act which is a Class X felony, and
2653	2653	18 (3) the court finds that no condition or combination
2654	2654	19 of conditions set forth in subsection (b) of Section
2655	2655	20 110-10 of this Article, can reasonably assure the physical
2656	2656	21 safety of any other person or persons.
2657	2657	22 (c) Conduct of the hearings.
2658	2658	23 (1) The hearing on the defendant's culpability and
2659	2659	24 dangerousness shall be conducted in accordance with the
2660	2660	25 following provisions:
2661	2661	26 (A) Information used by the court in its findings
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666
2667	2667	SB2134 - 74 - LRB104 03908 RLC 13932 b
2668	2668
2669	2669
2670	2670	SB2134- 75 -LRB104 03908 RLC 13932 b SB2134 - 75 - LRB104 03908 RLC 13932 b
2671	2671	SB2134 - 75 - LRB104 03908 RLC 13932 b
2672	2672	1 or stated in or offered at such hearing may be by way
2673	2673	2 of proffer based upon reliable information offered by
2674	2674	3 the State or by defendant. Defendant has the right to
2675	2675	4 be represented by counsel, and if he is indigent, to
2676	2676	5 have counsel appointed for him. Defendant shall have
2677	2677	6 the opportunity to testify, to present witnesses in
2678	2678	7 his own behalf, and to cross-examine witnesses if any
2679	2679	8 are called by the State. The defendant has the right to
2680	2680	9 present witnesses in his favor. When the ends of
2681	2681	10 justice so require, the court may exercise its
2682	2682	11 discretion and compel the appearance of a complaining
2683	2683	12 witness. The court shall state on the record reasons
2684	2684	13 for granting a defense request to compel the presence
2685	2685	14 of a complaining witness. Cross-examination of a
2686	2686	15 complaining witness at the pretrial detention hearing
2687	2687	16 for the purpose of impeaching the witness' credibility
2688	2688	17 is insufficient reason to compel the presence of the
2689	2689	18 witness. In deciding whether to compel the appearance
2690	2690	19 of a complaining witness, the court shall be
2691	2691	20 considerate of the emotional and physical well-being
2692	2692	21 of the witness. The pre-trial detention hearing is not
2693	2693	22 to be used for purposes of discovery, and the post
2694	2694	23 arraignment rules of discovery do not apply. The State
2695	2695	24 shall tender to the defendant, prior to the hearing,
2696	2696	25 copies of defendant's criminal history, if any, if
2697	2697	26 available, and any written or recorded statements and
2698	2698
2699	2699
2700	2700
2701	2701
2702	2702
2703	2703	SB2134 - 75 - LRB104 03908 RLC 13932 b
2704	2704
2705	2705
2706	2706	SB2134- 76 -LRB104 03908 RLC 13932 b SB2134 - 76 - LRB104 03908 RLC 13932 b
2707	2707	SB2134 - 76 - LRB104 03908 RLC 13932 b
2708	2708	1 the substance of any oral statements made by any
2709	2709	2 person, if relied upon by the State in its petition.
2710	2710	3 The rules concerning the admissibility of evidence in
2711	2711	4 criminal trials do not apply to the presentation and
2712	2712	5 consideration of information at the hearing. At the
2713	2713	6 trial concerning the offense for which the hearing was
2714	2714	7 conducted neither the finding of the court nor any
2715	2715	8 transcript or other record of the hearing shall be
2716	2716	9 admissible in the State's case in chief, but shall be
2717	2717	10 admissible for impeachment, or as provided in Section
2718	2718	11 115-10.1 of this Code, or in a perjury proceeding.
2719	2719	12 (B) A motion by the defendant to suppress evidence
2720	2720	13 or to suppress a confession shall not be entertained.
2721	2721	14 Evidence that proof may have been obtained as the
2722	2722	15 result of an unlawful search and seizure or through
2723	2723	16 improper interrogation is not relevant to this state
2724	2724	17 of the prosecution.
2725	2725	18 (2) The facts relied upon by the court to support a
2726	2726	19 finding that the defendant poses a real and present threat
2727	2727	20 to the physical safety of any person or persons shall be
2728	2728	21 supported by clear and convincing evidence presented by
2729	2729	22 the State.
2730	2730	23 (d) Factors to be considered in making a determination of
2731	2731	24 dangerousness. The court may, in determining whether the
2732	2732	25 defendant poses a real and present threat to the physical
2733	2733	26 safety of any person or persons, consider but shall not be
2734	2734
2735	2735
2736	2736
2737	2737
2738	2738
2739	2739	SB2134 - 76 - LRB104 03908 RLC 13932 b
2740	2740
2741	2741
2742	2742	SB2134- 77 -LRB104 03908 RLC 13932 b SB2134 - 77 - LRB104 03908 RLC 13932 b
2743	2743	SB2134 - 77 - LRB104 03908 RLC 13932 b
2744	2744	1 limited to evidence or testimony concerning:
2745	2745	2 (1) The nature and circumstances of any offense
2746	2746	3 charged, including whether the offense is a crime of
2747	2747	4 violence, involving a weapon;
2748	2748	5 (2) The history and characteristics of the defendant
2749	2749	6 including:
2750	2750	7 (A) Any evidence of the defendant's prior criminal
2751	2751	8 history indicative of violent, abusive or assaultive
2752	2752	9 behavior, or lack of such behavior. Such evidence may
2753	2753	10 include testimony or documents received in juvenile
2754	2754	11 proceedings, criminal, quasi-criminal, civil
2755	2755	12 commitment, domestic relations or other proceedings.
2756	2756	13 (B) Any evidence of the defendant's psychological,
2757	2757	14 psychiatric or other similar social history which
2758	2758	15 tends to indicate a violent, abusive, or assaultive
2759	2759	16 nature, or lack of any such history;
2760	2760	17 (3) The identity of any person or persons to whose
2761	2761	18 safety the defendant is believed to pose a threat, and the
2762	2762	19 nature of the threat;
2763	2763	20 (4) Any statements made by, or attributed to the
2764	2764	21 defendant, together with the circumstances surrounding
2765	2765	22 them;
2766	2766	23 (5) The age and physical condition of any person
2767	2767	24 assaulted by the defendant;
2768	2768	25 (6) Whether the defendant is known to possess or have
2769	2769	26 access to any weapon or weapons;
2770	2770
2771	2771
2772	2772
2773	2773
2774	2774
2775	2775	SB2134 - 77 - LRB104 03908 RLC 13932 b
2776	2776
2777	2777
2778	2778	SB2134- 78 -LRB104 03908 RLC 13932 b SB2134 - 78 - LRB104 03908 RLC 13932 b
2779	2779	SB2134 - 78 - LRB104 03908 RLC 13932 b
2780	2780	1 (7) Whether, at the time of the current offense or any
2781	2781	2 other offense or arrest, the defendant was on probation,
2782	2782	3 parole, aftercare release, mandatory supervised release or
2783	2783	4 other release from custody pending trial, sentencing,
2784	2784	5 appeal or completion of sentence for an offense under
2785	2785	6 federal or state law;
2786	2786	7 (8) Any other factors, including those listed in
2787	2787	8 Section 110-5 of this Article deemed by the court to have a
2788	2788	9 reasonable bearing upon the defendant's propensity or
2789	2789	10 reputation for violent, abusive or assaultive behavior, or
2790	2790	11 lack of such behavior.
2791	2791	12 (e) Detention order. The court shall, in any order for
2792	2792	13 detention:
2793	2793	14 (1) briefly summarize the evidence of the defendant's
2794	2794	15 culpability and its reasons for concluding that the
2795	2795	16 defendant should be held without bail;
2796	2796	17 (2) direct that the defendant be committed to the
2797	2797	18 custody of the sheriff for confinement in the county jail
2798	2798	19 pending trial;
2799	2799	20 (3) direct that the defendant be given a reasonable
2800	2800	21 opportunity for private consultation with counsel, and for
2801	2801	22 communication with others of his choice by visitation,
2802	2802	23 mail and telephone; and
2803	2803	24 (4) direct that the sheriff deliver the defendant as
2804	2804	25 required for appearances in connection with court
2805	2805	26 proceedings.
2806	2806
2807	2807
2808	2808
2809	2809
2810	2810
2811	2811	SB2134 - 78 - LRB104 03908 RLC 13932 b
2812	2812
2813	2813
2814	2814	SB2134- 79 -LRB104 03908 RLC 13932 b SB2134 - 79 - LRB104 03908 RLC 13932 b
2815	2815	SB2134 - 79 - LRB104 03908 RLC 13932 b
2816	2816	1 (f) If the court enters an order for the detention of the
2817	2817	2 defendant pursuant to subsection (e) of this Section, the
2818	2818	3 defendant shall be brought to trial on the offense for which he
2819	2819	4 is detained within 90 days after the date on which the order
2820	2820	5 for detention was entered. If the defendant is not brought to
2821	2821	6 trial within the 90 day period required by the preceding
2822	2822	7 sentence, he shall not be held longer without bail. In
2823	2823	8 computing the 90 day period, the court shall omit any period of
2824	2824	9 delay resulting from a continuance granted at the request of
2825	2825	10 the defendant.
2826	2826	11 (g) Rights of the defendant. Any person shall be entitled
2827	2827	12 to appeal any order entered under this Section denying bail to
2828	2828	13 the defendant.
2829	2829	14 (h) The State may appeal any order entered under this
2830	2830	15 Section denying any motion for denial of bail.
2831	2831	16 (i) Nothing in this Section shall be construed as
2832	2832	17 modifying or limiting in any way the defendant's presumption
2833	2833	18 of innocence in further criminal proceedings.
2834	2834	19 (a) Upon verified petition by the State, the court shall
2835	2835	20 hold a hearing and may deny a defendant pretrial release only
2836	2836	21 if:
2837	2837	22 (1) the defendant is charged with a felony offense
2838	2838	23 other than a forcible felony for which, based on the
2839	2839	24 charge or the defendant's criminal history, a sentence of
2840	2840	25 imprisonment, without probation, periodic imprisonment or
2841	2841	26 conditional discharge, is required by law upon conviction,
2842	2842
2843	2843
2844	2844
2845	2845
2846	2846
2847	2847	SB2134 - 79 - LRB104 03908 RLC 13932 b
2848	2848
2849	2849
2850	2850	SB2134- 80 -LRB104 03908 RLC 13932 b SB2134 - 80 - LRB104 03908 RLC 13932 b
2851	2851	SB2134 - 80 - LRB104 03908 RLC 13932 b
2852	2852	1 and it is alleged that the defendant's pretrial release
2853	2853	2 poses a real and present threat to the safety of any person
2854	2854	3 or persons or the community, based on the specific
2855	2855	4 articulable facts of the case;
2856	2856	5 (1.5) the defendant's pretrial release poses a real
2857	2857	6 and present threat to the safety of any person or persons
2858	2858	7 or the community, based on the specific articulable facts
2859	2859	8 of the case, and the defendant is charged with a forcible
2860	2860	9 felony, which as used in this Section, means treason,
2861	2861	10 first degree murder, second degree murder, predatory
2862	2862	11 criminal sexual assault of a child, aggravated criminal
2863	2863	12 sexual assault, criminal sexual assault, armed robbery,
2864	2864	13 aggravated robbery, robbery, burglary where there is use
2865	2865	14 of force against another person, residential burglary,
2866	2866	15 home invasion, vehicular invasion, aggravated arson,
2867	2867	16 arson, aggravated kidnaping, kidnaping, aggravated battery
2868	2868	17 resulting in great bodily harm or permanent disability or
2869	2869	18 disfigurement or any other felony which involves the
2870	2870	19 threat of or infliction of great bodily harm or permanent
2871	2871	20 disability or disfigurement;
2872	2872	21 (2) the defendant is charged with stalking or
2873	2873	22 aggravated stalking, and it is alleged that the
2874	2874	23 defendant's pre-trial release poses a real and present
2875	2875	24 threat to the safety of a victim of the alleged offense,
2876	2876	25 and denial of release is necessary to prevent fulfillment
2877	2877	26 of the threat upon which the charge is based;
2878	2878
2879	2879
2880	2880
2881	2881
2882	2882
2883	2883	SB2134 - 80 - LRB104 03908 RLC 13932 b
2884	2884
2885	2885
2886	2886	SB2134- 81 -LRB104 03908 RLC 13932 b SB2134 - 81 - LRB104 03908 RLC 13932 b
2887	2887	SB2134 - 81 - LRB104 03908 RLC 13932 b
2888	2888	1 (3) the defendant is charged with a violation of an
2889	2889	2 order of protection issued under Section 112A-14 of this
2890	2890	3 Code or Section 214 of the Illinois Domestic Violence Act
2891	2891	4 of 1986, a stalking no contact order under Section 80 of
2892	2892	5 the Stalking No Contact Order Act, or of a civil no contact
2893	2893	6 order under Section 213 of the Civil No Contact Order Act,
2894	2894	7 and it is alleged that the defendant's pretrial release
2895	2895	8 poses a real and present threat to the safety of any person
2896	2896	9 or persons or the community, based on the specific
2897	2897	10 articulable facts of the case;
2898	2898	11 (4) the defendant is charged with domestic battery or
2899	2899	12 aggravated domestic battery under Section 12-3.2 or 12-3.3
2900	2900	13 of the Criminal Code of 2012 and it is alleged that the
2901	2901	14 defendant's pretrial release poses a real and present
2902	2902	15 threat to the safety of any person or persons or the
2903	2903	16 community, based on the specific articulable facts of the
2904	2904	17 case;
2905	2905	18 (5) the defendant is charged with any offense under
2906	2906	19 Article 11 of the Criminal Code of 2012, except for
2907	2907	20 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
2908	2908	21 11-40, and 11-45 of the Criminal Code of 2012, or similar
2909	2909	22 provisions of the Criminal Code of 1961 and it is alleged
2910	2910	23 that the defendant's pretrial release poses a real and
2911	2911	24 present threat to the safety of any person or persons or
2912	2912	25 the community, based on the specific articulable facts of
2913	2913	26 the case;
2914	2914
2915	2915
2916	2916
2917	2917
2918	2918
2919	2919	SB2134 - 81 - LRB104 03908 RLC 13932 b
2920	2920
2921	2921
2922	2922	SB2134- 82 -LRB104 03908 RLC 13932 b SB2134 - 82 - LRB104 03908 RLC 13932 b
2923	2923	SB2134 - 82 - LRB104 03908 RLC 13932 b
2924	2924	1 (6) the defendant is charged with any of the following
2925	2925	2 offenses under the Criminal Code of 2012, and it is
2926	2926	3 alleged that the defendant's pretrial release poses a real
2927	2927	4 and present threat to the safety of any person or persons
2928	2928	5 or the community, based on the specific articulable facts
2929	2929	6 of the case:
2930	2930	7 (A) Section 24-1.2 (aggravated discharge of a
2931	2931	8 firearm);
2932	2932	9 (B) Section 24-2.5 (aggravated discharge of a
2933	2933	10 machine gun or a firearm equipped with a device
2934	2934	11 designed or use for silencing the report of a
2935	2935	12 firearm);
2936	2936	13 (C) Section 24-1.5 (reckless discharge of a
2937	2937	14 firearm);
2938	2938	15 (D) Section 24-1.7 (unlawful possession of a
2939	2939	16 firearm by a repeat felony offender);
2940	2940	17 (E) Section 24-2.2 (manufacture, sale or transfer
2941	2941	18 of bullets or shells represented to be armor piercing
2942	2942	19 bullets, dragon's breath shotgun shells, bolo shells,
2943	2943	20 or flechette shells);
2944	2944	21 (F) Section 24-3 (unlawful sale or delivery of
2945	2945	22 firearms);
2946	2946	23 (G) Section 24-3.3 (unlawful sale or delivery of
2947	2947	24 firearms on the premises of any school);
2948	2948	25 (H) Section 24-34 (unlawful sale of firearms by
2949	2949	26 liquor license);
2950	2950
2951	2951
2952	2952
2953	2953
2954	2954
2955	2955	SB2134 - 82 - LRB104 03908 RLC 13932 b
2956	2956
2957	2957
2958	2958	SB2134- 83 -LRB104 03908 RLC 13932 b SB2134 - 83 - LRB104 03908 RLC 13932 b
2959	2959	SB2134 - 83 - LRB104 03908 RLC 13932 b
2960	2960	1 (I) Section 24-3.5 (unlawful purchase of a
2961	2961	2 firearm);
2962	2962	3 (J) Section 24-3A (gunrunning);
2963	2963	4 (K) Section 24-3B (firearms trafficking);
2964	2964	5 (L) Section 10-9 (b) (involuntary servitude);
2965	2965	6 (M) Section 10-9 (c) (involuntary sexual servitude
2966	2966	7 of a minor);
2967	2967	8 (N) Section 10-9(d) (trafficking in persons);
2968	2968	9 (O) Non-probationable violations: (i) unlawful
2969	2969	10 possession of weapons by felons or persons in the
2970	2970	11 Custody of the Department of Corrections facilities
2971	2971	12 (Section 24-1.1), (ii) aggravated unlawful possession
2972	2972	13 of a weapon (Section 24-1.6), or (iii) aggravated
2973	2973	14 possession of a stolen firearm (Section 24-3.9);
2974	2974	15 (P) Section 9-3 (reckless homicide and involuntary
2975	2975	16 manslaughter);
2976	2976	17 (Q) Section 19-3 (residential burglary);
2977	2977	18 (R) Section 10-5 (child abduction);
2978	2978	19 (S) Felony violations of Section 12C-5 (child
2979	2979	20 endangerment);
2980	2980	21 (T) Section 12-7.1 (hate crime);
2981	2981	22 (U) Section 10-3.1 (aggravated unlawful
2982	2982	23 restraint);
2983	2983	24 (V) Section 12-9 (threatening a public official);
2984	2984	25 (W) Subdivision (f)(1) of Section 12-3.05
2985	2985	26 (aggravated battery with a deadly weapon other than by
2986	2986
2987	2987
2988	2988
2989	2989
2990	2990
2991	2991	SB2134 - 83 - LRB104 03908 RLC 13932 b
2992	2992
2993	2993
2994	2994	SB2134- 84 -LRB104 03908 RLC 13932 b SB2134 - 84 - LRB104 03908 RLC 13932 b
2995	2995	SB2134 - 84 - LRB104 03908 RLC 13932 b
2996	2996	1 discharge of a firearm);
2997	2997	2 (6.5) the defendant is charged with any of the
2998	2998	3 following offenses, and it is alleged that the defendant's
2999	2999	4 pretrial release poses a real and present threat to the
3000	3000	5 safety of any person or persons or the community, based on
3001	3001	6 the specific articulable facts of the case:
3002	3002	7 (A) Felony violations of Sections 3.01, 3.02, or
3003	3003	8 3.03 of the Humane Care for Animals Act (cruel
3004	3004	9 treatment, aggravated cruelty, and animal torture);
3005	3005	10 (B) Subdivision (d)(1)(B) of Section 11-501 of the
3006	3006	11 Illinois Vehicle Code (aggravated driving under the
3007	3007	12 influence while operating a school bus with
3008	3008	13 passengers);
3009	3009	14 (C) Subdivision (d)(1)(C) of Section 11-501 of the
3010	3010	15 Illinois Vehicle Code (aggravated driving under the
3011	3011	16 influence causing great bodily harm);
3012	3012	17 (D) Subdivision (d)(1)(D) of Section 11-501 of the
3013	3013	18 Illinois Vehicle Code (aggravated driving under the
3014	3014	19 influence after a previous reckless homicide
3015	3015	20 conviction);
3016	3016	21 (E) Subdivision (d)(1)(F) of Section 11-501 of the
3017	3017	22 Illinois Vehicle Code (aggravated driving under the
3018	3018	23 influence leading to death); or
3019	3019	24 (F) Subdivision (d)(1)(J) of Section 11-501 of the
3020	3020	25 Illinois Vehicle Code (aggravated driving under the
3021	3021	26 influence that resulted in bodily harm to a child
3022	3022
3023	3023
3024	3024
3025	3025
3026	3026
3027	3027	SB2134 - 84 - LRB104 03908 RLC 13932 b
3028	3028
3029	3029
3030	3030	SB2134- 85 -LRB104 03908 RLC 13932 b SB2134 - 85 - LRB104 03908 RLC 13932 b
3031	3031	SB2134 - 85 - LRB104 03908 RLC 13932 b
3032	3032	1 under the age of 16);
3033	3033	2 (7) the defendant is charged with an attempt to commit
3034	3034	3 any charge listed in paragraphs (1) through (6.5), and it
3035	3035	4 is alleged that the defendant's pretrial release poses a
3036	3036	5 real and present threat to the safety of any person or
3037	3037	6 persons or the community, based on the specific
3038	3038	7 articulable facts of the case; or
3039	3039	8 (8) the person has a high likelihood of willful flight
3040	3040	9 to avoid prosecution and is charged with:
3041	3041	10 (A) Any felony described in subdivisions (a)(1)
3042	3042	11 through (a)(7) of this Section; or
3043	3043	12 (B) A felony offense other than a Class 4 offense.
3044	3044	13 (b) If the charged offense is a felony, as part of the
3045	3045	14 detention hearing, the court shall determine whether there is
3046	3046	15 probable cause the defendant has committed an offense, unless
3047	3047	16 a hearing pursuant to Section 109-3 of this Code has already
3048	3048	17 been held or a grand jury has returned a true bill of
3049	3049	18 indictment against the defendant. If there is a finding of no
3050	3050	19 probable cause, the defendant shall be released. No such
3051	3051	20 finding is necessary if the defendant is charged with a
3052	3052	21 misdemeanor.
3053	3053	22 (c) Timing of petition.
3054	3054	23 (1) A petition may be filed without prior notice to
3055	3055	24 the defendant at the first appearance before a judge, or
3056	3056	25 within the 21 calendar days, except as provided in Section
3057	3057	26 110-6, after arrest and release of the defendant upon
3058	3058
3059	3059
3060	3060
3061	3061
3062	3062
3063	3063	SB2134 - 85 - LRB104 03908 RLC 13932 b
3064	3064
3065	3065
3066	3066	SB2134- 86 -LRB104 03908 RLC 13932 b SB2134 - 86 - LRB104 03908 RLC 13932 b
3067	3067	SB2134 - 86 - LRB104 03908 RLC 13932 b
3068	3068	1 reasonable notice to defendant; provided that while such
3069	3069	2 petition is pending before the court, the defendant if
3070	3070	3 previously released shall not be detained.
3071	3071	4 (2) Upon filing, the court shall immediately hold a
3072	3072	5 hearing on the petition unless a continuance is requested.
3073	3073	6 If a continuance is requested and granted, the hearing
3074	3074	7 shall be held within 48 hours of the defendant's first
3075	3075	8 appearance if the defendant is charged with first degree
3076	3076	9 murder or a Class X, Class 1, Class 2, or Class 3 felony,
3077	3077	10 and within 24 hours if the defendant is charged with a
3078	3078	11 Class 4 or misdemeanor offense. The Court may deny or
3079	3079	12 grant the request for continuance. If the court decides to
3080	3080	13 grant the continuance, the Court retains the discretion to
3081	3081	14 detain or release the defendant in the time between the
3082	3082	15 filing of the petition and the hearing.
3083	3083	16 (d) Contents of petition.
3084	3084	17 (1) The petition shall be verified by the State and
3085	3085	18 shall state the grounds upon which it contends the
3086	3086	19 defendant should be denied pretrial release, including the
3087	3087	20 real and present threat to the safety of any person or
3088	3088	21 persons or the community, based on the specific
3089	3089	22 articulable facts or flight risk, as appropriate.
3090	3090	23 (2) If the State seeks to file a second or subsequent
3091	3091	24 petition under this Section, the State shall be required
3092	3092	25 to present a verified application setting forth in detail
3093	3093	26 any new facts not known or obtainable at the time of the
3094	3094
3095	3095
3096	3096
3097	3097
3098	3098
3099	3099	SB2134 - 86 - LRB104 03908 RLC 13932 b
3100	3100
3101	3101
3102	3102	SB2134- 87 -LRB104 03908 RLC 13932 b SB2134 - 87 - LRB104 03908 RLC 13932 b
3103	3103	SB2134 - 87 - LRB104 03908 RLC 13932 b
3104	3104	1 filing of the previous petition.
3105	3105	2 (e) Eligibility: All defendants shall be presumed eligible
3106	3106	3 for pretrial release, and the State shall bear the burden of
3107	3107	4 proving by clear and convincing evidence that:
3108	3108	5 (1) the proof is evident or the presumption great that
3109	3109	6 the defendant has committed an offense listed in
3110	3110	7 subsection (a), and
3111	3111	8 (2) for offenses listed in paragraphs (1) through (7)
3112	3112	9 of subsection (a), the defendant poses a real and present
3113	3113	10 threat to the safety of any person or persons or the
3114	3114	11 community, based on the specific articulable facts of the
3115	3115	12 case, by conduct which may include, but is not limited to,
3116	3116	13 a forcible felony, the obstruction of justice,
3117	3117	14 intimidation, injury, or abuse as defined by paragraph (1)
3118	3118	15 of Section 103 of the Illinois Domestic Violence Act of
3119	3119	16 1986, and
3120	3120	17 (3) no condition or combination of conditions set
3121	3121	18 forth in subsection (b) of Section 110-10 of this Article
3122	3122	19 can mitigate (i) the real and present threat to the safety
3123	3123	20 of any person or persons or the community, based on the
3124	3124	21 specific articulable facts of the case, for offenses
3125	3125	22 listed in paragraphs (1) through (7) of subsection (a), or
3126	3126	23 (ii) the defendant's willful flight for offenses listed in
3127	3127	24 paragraph (8) of subsection (a), and
3128	3128	25 (4) for offenses under subsection (b) of Section 407
3129	3129	26 of the Illinois Controlled Substances Act that are subject
3130	3130
3131	3131
3132	3132
3133	3133
3134	3134
3135	3135	SB2134 - 87 - LRB104 03908 RLC 13932 b
3136	3136
3137	3137
3138	3138	SB2134- 88 -LRB104 03908 RLC 13932 b SB2134 - 88 - LRB104 03908 RLC 13932 b
3139	3139	SB2134 - 88 - LRB104 03908 RLC 13932 b
3140	3140	1 to paragraph (1) of subsection (a), no condition or
3141	3141	2 combination of conditions set forth in subsection (b) of
3142	3142	3 Section 110-10 of this Article can mitigate the real and
3143	3143	4 present threat to the safety of any person or persons or
3144	3144	5 the community, based on the specific articulable facts of
3145	3145	6 the case, and the defendant poses a serious risk to not
3146	3146	7 appear in court as required.
3147	3147	8 (f) Conduct of the hearings.
3148	3148	9 (1) Prior to the hearing, the State shall tender to
3149	3149	10 the defendant copies of the defendant's criminal history
3150	3150	11 available, any written or recorded statements, and the
3151	3151	12 substance of any oral statements made by any person, if
3152	3152	13 relied upon by the State in its petition, and any police
3153	3153	14 reports in the prosecutor's possession at the time of the
3154	3154	15 hearing.
3155	3155	16 (2) The State or defendant may present evidence at the
3156	3156	17 hearing by way of proffer based upon reliable information.
3157	3157	18 (3) The defendant has the right to be represented by
3158	3158	19 counsel, and if he or she is indigent, to have counsel
3159	3159	20 appointed for him or her. The defendant shall have the
3160	3160	21 opportunity to testify, to present witnesses on his or her
3161	3161	22 own behalf, and to cross-examine any witnesses that are
3162	3162	23 called by the State. Defense counsel shall be given
3163	3163	24 adequate opportunity to confer with the defendant before
3164	3164	25 any hearing at which conditions of release or the
3165	3165	26 detention of the defendant are to be considered, with an
3166	3166
3167	3167
3168	3168
3169	3169
3170	3170
3171	3171	SB2134 - 88 - LRB104 03908 RLC 13932 b
3172	3172
3173	3173
3174	3174	SB2134- 89 -LRB104 03908 RLC 13932 b SB2134 - 89 - LRB104 03908 RLC 13932 b
3175	3175	SB2134 - 89 - LRB104 03908 RLC 13932 b
3176	3176	1 accommodation for a physical condition made to facilitate
3177	3177	2 attorney/client consultation. If defense counsel needs to
3178	3178	3 confer or consult with the defendant during any hearing
3179	3179	4 conducted via a two-way audio-visual communication system,
3180	3180	5 such consultation shall not be recorded and shall be
3181	3181	6 undertaken consistent with constitutional protections.
3182	3182	7 (3.5) A hearing at which pretrial release may be
3183	3183	8 denied must be conducted in person (and not by way of
3184	3184	9 two-way audio visual communication) unless the accused
3185	3185	10 waives the right to be present physically in court, the
3186	3186	11 court determines that the physical health and safety of
3187	3187	12 any person necessary to the proceedings would be
3188	3188	13 endangered by appearing in court, or the chief judge of
3189	3189	14 the circuit orders use of that system due to operational
3190	3190	15 challenges in conducting the hearing in person. Such
3191	3191	16 operational challenges must be documented and approved by
3192	3192	17 the chief judge of the circuit, and a plan to address the
3193	3193	18 challenges through reasonable efforts must be presented
3194	3194	19 and approved by the Administrative Office of the Illinois
3195	3195	20 Courts every 6 months.
3196	3196	21 (4) If the defense seeks to compel the complaining
3197	3197	22 witness to testify as a witness in its favor, it shall
3198	3198	23 petition the court for permission. When the ends of
3199	3199	24 justice so require, the court may exercise its discretion
3200	3200	25 and compel the appearance of a complaining witness. The
3201	3201	26 court shall state on the record reasons for granting a
3202	3202
3203	3203
3204	3204
3205	3205
3206	3206
3207	3207	SB2134 - 89 - LRB104 03908 RLC 13932 b
3208	3208
3209	3209
3210	3210	SB2134- 90 -LRB104 03908 RLC 13932 b SB2134 - 90 - LRB104 03908 RLC 13932 b
3211	3211	SB2134 - 90 - LRB104 03908 RLC 13932 b
3212	3212	1 defense request to compel the presence of a complaining
3213	3213	2 witness only on the issue of the defendant's pretrial
3214	3214	3 detention. In making a determination under this Section,
3215	3215	4 the court shall state on the record the reason for
3216	3216	5 granting a defense request to compel the presence of a
3217	3217	6 complaining witness, and only grant the request if the
3218	3218	7 court finds by clear and convincing evidence that the
3219	3219	8 defendant will be materially prejudiced if the complaining
3220	3220	9 witness does not appear. Cross-examination of a
3221	3221	10 complaining witness at the pretrial detention hearing for
3222	3222	11 the purpose of impeaching the witness' credibility is
3223	3223	12 insufficient reason to compel the presence of the witness.
3224	3224	13 In deciding whether to compel the appearance of a
3225	3225	14 complaining witness, the court shall be considerate of the
3226	3226	15 emotional and physical well-being of the witness. The
3227	3227	16 pre-trial detention hearing is not to be used for purposes
3228	3228	17 of discovery, and the post arraignment rules of discovery
3229	3229	18 do not apply. The State shall tender to the defendant,
3230	3230	19 prior to the hearing, copies, if any, of the defendant's
3231	3231	20 criminal history, if available, and any written or
3232	3232	21 recorded statements and the substance of any oral
3233	3233	22 statements made by any person, if in the State's
3234	3234	23 Attorney's possession at the time of the hearing.
3235	3235	24 (5) The rules concerning the admissibility of evidence
3236	3236	25 in criminal trials do not apply to the presentation and
3237	3237	26 consideration of information at the hearing. At the trial
3238	3238
3239	3239
3240	3240
3241	3241
3242	3242
3243	3243	SB2134 - 90 - LRB104 03908 RLC 13932 b
3244	3244
3245	3245
3246	3246	SB2134- 91 -LRB104 03908 RLC 13932 b SB2134 - 91 - LRB104 03908 RLC 13932 b
3247	3247	SB2134 - 91 - LRB104 03908 RLC 13932 b
3248	3248	1 concerning the offense for which the hearing was conducted
3249	3249	2 neither the finding of the court nor any transcript or
3250	3250	3 other record of the hearing shall be admissible in the
3251	3251	4 State's case-in-chief, but shall be admissible for
3252	3252	5 impeachment, or as provided in Section 115-10.1 of this
3253	3253	6 Code, or in a perjury proceeding.
3254	3254	7 (6) The defendant may not move to suppress evidence or
3255	3255	8 a confession, however, evidence that proof of the charged
3256	3256	9 crime may have been the result of an unlawful search or
3257	3257	10 seizure, or both, or through improper interrogation, is
3258	3258	11 relevant in assessing the weight of the evidence against
3259	3259	12 the defendant.
3260	3260	13 (7) Decisions regarding release, conditions of
3261	3261	14 release, and detention prior to trial must be
3262	3262	15 individualized, and no single factor or standard may be
3263	3263	16 used exclusively to order detention. Risk assessment tools
3264	3264	17 may not be used as the sole basis to deny pretrial release.
3265	3265	18 (g) Factors to be considered in making a determination of
3266	3266	19 dangerousness. The court may, in determining whether the
3267	3267	20 defendant poses a real and present threat to the safety of any
3268	3268	21 person or persons or the community, based on the specific
3269	3269	22 articulable facts of the case, consider, but shall not be
3270	3270	23 limited to, evidence or testimony concerning:
3271	3271	24 (1) The nature and circumstances of any offense
3272	3272	25 charged, including whether the offense is a crime of
3273	3273	26 violence, involving a weapon, or a sex offense.
3274	3274
3275	3275
3276	3276
3277	3277
3278	3278
3279	3279	SB2134 - 91 - LRB104 03908 RLC 13932 b
3280	3280
3281	3281
3282	3282	SB2134- 92 -LRB104 03908 RLC 13932 b SB2134 - 92 - LRB104 03908 RLC 13932 b
3283	3283	SB2134 - 92 - LRB104 03908 RLC 13932 b
3284	3284	1 (2) The history and characteristics of the defendant
3285	3285	2 including:
3286	3286	3 (A) Any evidence of the defendant's prior criminal
3287	3287	4 history indicative of violent, abusive or assaultive
3288	3288	5 behavior, or lack of such behavior. Such evidence may
3289	3289	6 include testimony or documents received in juvenile
3290	3290	7 proceedings, criminal, quasi-criminal, civil
3291	3291	8 commitment, domestic relations, or other proceedings.
3292	3292	9 (B) Any evidence of the defendant's psychological,
3293	3293	10 psychiatric or other similar social history which
3294	3294	11 tends to indicate a violent, abusive, or assaultive
3295	3295	12 nature, or lack of any such history.
3296	3296	13 (3) The identity of any person or persons to whose
3297	3297	14 safety the defendant is believed to pose a threat, and the
3298	3298	15 nature of the threat.
3299	3299	16 (4) Any statements made by, or attributed to the
3300	3300	17 defendant, together with the circumstances surrounding
3301	3301	18 them.
3302	3302	19 (5) The age and physical condition of the defendant.
3303	3303	20 (6) The age and physical condition of any victim or
3304	3304	21 complaining witness.
3305	3305	22 (7) Whether the defendant is known to possess or have
3306	3306	23 access to any weapon or weapons.
3307	3307	24 (8) Whether, at the time of the current offense or any
3308	3308	25 other offense or arrest, the defendant was on probation,
3309	3309	26 parole, aftercare release, mandatory supervised release or
3310	3310
3311	3311
3312	3312
3313	3313
3314	3314
3315	3315	SB2134 - 92 - LRB104 03908 RLC 13932 b
3316	3316
3317	3317
3318	3318	SB2134- 93 -LRB104 03908 RLC 13932 b SB2134 - 93 - LRB104 03908 RLC 13932 b
3319	3319	SB2134 - 93 - LRB104 03908 RLC 13932 b
3320	3320	1 other release from custody pending trial, sentencing,
3321	3321	2 appeal or completion of sentence for an offense under
3322	3322	3 federal or state law.
3323	3323	4 (9) Any other factors, including those listed in
3324	3324	5 Section 110-5 of this Article deemed by the court to have a
3325	3325	6 reasonable bearing upon the defendant's propensity or
3326	3326	7 reputation for violent, abusive, or assaultive behavior,
3327	3327	8 or lack of such behavior.
3328	3328	9 (h) Detention order. The court shall, in any order for
3329	3329	10 detention:
3330	3330	11 (1) make a written finding summarizing the court's
3331	3331	12 reasons for concluding that the defendant should be denied
3332	3332	13 pretrial release, including why less restrictive
3333	3333	14 conditions would not avoid a real and present threat to
3334	3334	15 the safety of any person or persons or the community,
3335	3335	16 based on the specific articulable facts of the case, or
3336	3336	17 prevent the defendant's willful flight from prosecution;
3337	3337	18 (2) direct that the defendant be committed to the
3338	3338	19 custody of the sheriff for confinement in the county jail
3339	3339	20 pending trial;
3340	3340	21 (3) direct that the defendant be given a reasonable
3341	3341	22 opportunity for private consultation with counsel, and for
3342	3342	23 communication with others of his or her choice by
3343	3343	24 visitation, mail and telephone; and
3344	3344	25 (4) direct that the sheriff deliver the defendant as
3345	3345	26 required for appearances in connection with court
3346	3346
3347	3347
3348	3348
3349	3349
3350	3350
3351	3351	SB2134 - 93 - LRB104 03908 RLC 13932 b
3352	3352
3353	3353
3354	3354	SB2134- 94 -LRB104 03908 RLC 13932 b SB2134 - 94 - LRB104 03908 RLC 13932 b
3355	3355	SB2134 - 94 - LRB104 03908 RLC 13932 b
3356	3356	1 proceedings.
3357	3357	2 (i) Detention. If the court enters an order for the
3358	3358	3 detention of the defendant pursuant to subsection (e) of this
3359	3359	4 Section, the defendant shall be brought to trial on the
3360	3360	5 offense for which he is detained within 90 days after the date
3361	3361	6 on which the order for detention was entered. If the defendant
3362	3362	7 is not brought to trial within the 90-day period required by
3363	3363	8 the preceding sentence, he shall not be denied pretrial
3364	3364	9 release. In computing the 90-day period, the court shall omit
3365	3365	10 any period of delay resulting from a continuance granted at
3366	3366	11 the request of the defendant and any period of delay resulting
3367	3367	12 from a continuance granted at the request of the State with
3368	3368	13 good cause shown pursuant to Section 103-5.
3369	3369	14 (i-5) At each subsequent appearance of the defendant
3370	3370	15 before the court, the judge must find that continued detention
3371	3371	16 is necessary to avoid a real and present threat to the safety
3372	3372	17 of any person or persons or the community, based on the
3373	3373	18 specific articulable facts of the case, or to prevent the
3374	3374	19 defendant's willful flight from prosecution.
3375	3375	20 (j) Rights of the defendant. The defendant shall be
3376	3376	21 entitled to appeal any order entered under this Section
3377	3377	22 denying his or her pretrial release.
3378	3378	23 (k) Appeal. The State may appeal any order entered under
3379	3379	24 this Section denying any motion for denial of pretrial
3380	3380	25 release.
3381	3381	26 (l) Presumption of innocence. Nothing in this Section
3382	3382
3383	3383
3384	3384
3385	3385
3386	3386
3387	3387	SB2134 - 94 - LRB104 03908 RLC 13932 b
3388	3388
3389	3389
3390	3390	SB2134- 95 -LRB104 03908 RLC 13932 b SB2134 - 95 - LRB104 03908 RLC 13932 b
3391	3391	SB2134 - 95 - LRB104 03908 RLC 13932 b
3392	3392	1 shall be construed as modifying or limiting in any way the
3393	3393	2 defendant's presumption of innocence in further criminal
3394	3394	3 proceedings.
3395	3395	4 (m) Interest of victims.
3396	3396	5 (1) Crime victims shall be given notice by the State's
3397	3397	6 Attorney's office of this hearing as required in paragraph
3398	3398	7 (1) of subsection (b) of Section 4.5 of the Rights of Crime
3399	3399	8 Victims and Witnesses Act and shall be informed of their
3400	3400	9 opportunity at this hearing to obtain a protective order.
3401	3401	10 (2) If the defendant is denied pretrial release, the
3402	3402	11 court may impose a no contact provision with the victim or
3403	3403	12 other interested party that shall be enforced while the
3404	3404	13 defendant remains in custody.
3405	3405	14 (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25;
3406	3406	15 revised 10-23-24.)
3407	3407	16 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
3408	3408	17 Sec. 110-6.2. Post-conviction detention.
3409	3409	18 (a) The court may order that a person who has been found
3410	3410	19 guilty of an offense and who is waiting imposition or
3411	3411	20 execution of sentence be held without bond release unless the
3412	3412	21 court finds by clear and convincing evidence that the person
3413	3413	22 is not likely to flee or pose a danger to any other person or
3414	3414	23 the community if released under Sections 110-5 and 110-10 of
3415	3415	24 this Act.
3416	3416	25 (b) The court may order that person who has been found
3417	3417
3418	3418
3419	3419
3420	3420
3421	3421
3422	3422	SB2134 - 95 - LRB104 03908 RLC 13932 b
3423	3423
3424	3424
3425	3425	SB2134- 96 -LRB104 03908 RLC 13932 b SB2134 - 96 - LRB104 03908 RLC 13932 b
3426	3426	SB2134 - 96 - LRB104 03908 RLC 13932 b
3427	3427	1 guilty of an offense and sentenced to a term of imprisonment be
3428	3428	2 held without bond release unless the court finds by clear and
3429	3429	3 convincing evidence that:
3430	3430	4 (1) the person is not likely to flee or pose a danger
3431	3431	5 to the safety of any other person or the community if
3432	3432	6 released on bond pending appeal; and
3433	3433	7 (2) that the appeal is not for purpose of delay and
3434	3434	8 raises a substantial question of law or fact likely to
3435	3435	9 result in reversal or an order for a new trial.
3436	3436	10 (Source: P.A. 101-652, eff. 1-1-23.)
3437	3437	11 (725 ILCS 5/110-6.4)
3438	3438	12 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
3439	3439	13 Court may establish a statewide risk-assessment tool to be
3440	3440	14 used in proceedings to assist the court in establishing bail
3441	3441	15 conditions of pretrial release for a defendant by assessing
3442	3442	16 the defendant's likelihood of appearing at future court
3443	3443	17 proceedings or determining if the defendant poses a real and
3444	3444	18 present threat to the physical safety of any person or
3445	3445	19 persons. The Supreme Court shall consider establishing a
3446	3446	20 risk-assessment tool that does not discriminate on the basis
3447	3447	21 of race, gender, educational level, socio-economic status, or
3448	3448	22 neighborhood. If a risk-assessment tool is utilized within a
3449	3449	23 circuit that does not require a personal interview to be
3450	3450	24 completed, the Chief Judge of the circuit or the director of
3451	3451	25 the pretrial services agency may exempt the requirement under
3452	3452
3453	3453
3454	3454
3455	3455
3456	3456
3457	3457	SB2134 - 96 - LRB104 03908 RLC 13932 b
3458	3458
3459	3459
3460	3460	SB2134- 97 -LRB104 03908 RLC 13932 b SB2134 - 97 - LRB104 03908 RLC 13932 b
3461	3461	SB2134 - 97 - LRB104 03908 RLC 13932 b
3462	3462	1 Section 9 and subsection (a) of Section 7 of the Pretrial
3463	3463	2 Services Act.
3464	3464	3 For the purpose of this Section, "risk-assessment tool"
3465	3465	4 means an empirically validated, evidence-based screening
3466	3466	5 instrument that demonstrates reduced instances of a
3467	3467	6 defendant's failure to appear for further court proceedings or
3468	3468	7 prevents future criminal activity.
3469	3469	8 (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
3470	3470	9 101-652, eff. 1-1-23.)
3471	3471	10 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
3472	3472	11 Sec. 110-10. Conditions of bail bond pretrial release.
3473	3473	12 (a) If a person is released prior to conviction, either
3474	3474	13 upon payment of bail security or on his or her own
3475	3475	14 recognizance, the conditions of the bail bond pretrial release
3476	3476	15 shall be that he or she will:
3477	3477	16 (1) Appear to answer the charge in the court having
3478	3478	17 jurisdiction on a day certain and thereafter as ordered by
3479	3479	18 the court until discharged or final order of the court;
3480	3480	19 (2) Submit himself or herself to the orders and
3481	3481	20 process of the court;
3482	3482	21 (3) (Blank);
3483	3483	22 (3.1) Not depart this State without leave of the
3484	3484	23 court;
3485	3485	24 (4) Not violate any criminal statute of any
3486	3486	25 jurisdiction;
3487	3487
3488	3488
3489	3489
3490	3490
3491	3491
3492	3492	SB2134 - 97 - LRB104 03908 RLC 13932 b
3493	3493
3494	3494
3495	3495	SB2134- 98 -LRB104 03908 RLC 13932 b SB2134 - 98 - LRB104 03908 RLC 13932 b
3496	3496	SB2134 - 98 - LRB104 03908 RLC 13932 b
3497	3497	1 (5) At a time and place designated by the court,
3498	3498	2 surrender all firearms in his or her possession to a law
3499	3499	3 enforcement officer designated by the court to take
3500	3500	4 custody of and impound the firearms and physically
3501	3501	5 surrender his or her Firearm Owner's Identification Card
3502	3502	6 to the clerk of the circuit court when the offense the
3503	3503	7 person has been charged with is a forcible felony,
3504	3504	8 stalking, aggravated stalking, domestic battery, any
3505	3505	9 violation of the Illinois Controlled Substances Act, the
3506	3506	10 Methamphetamine Control and Community Protection Act, or
3507	3507	11 the Cannabis Control Act that is classified as a Class 2 or
3508	3508	12 greater felony, or any felony violation of Article 24 of
3509	3509	13 the Criminal Code of 1961 or the Criminal Code of 2012; the
3510	3510	14 court may, however, forgo the imposition of this condition
3511	3511	15 when the circumstances of the case clearly do not warrant
3512	3512	16 it or when its imposition would be impractical; if the
3513	3513	17 Firearm Owner's Identification Card is confiscated, the
3514	3514	18 clerk of the circuit court shall mail the confiscated card
3515	3515	19 to the Illinois State Police; all legally possessed
3516	3516	20 firearms shall be returned to the person upon the charges
3517	3517	21 being dismissed, or if the person is found not guilty,
3518	3518	22 unless the finding of not guilty is by reason of insanity;
3519	3519	23 and
3520	3520	24 (6) At a time and place designated by the court,
3521	3521	25 submit to a psychological evaluation when the person has
3522	3522	26 been charged with a violation of item (4) of subsection
3523	3523
3524	3524
3525	3525
3526	3526
3527	3527
3528	3528	SB2134 - 98 - LRB104 03908 RLC 13932 b
3529	3529
3530	3530
3531	3531	SB2134- 99 -LRB104 03908 RLC 13932 b SB2134 - 99 - LRB104 03908 RLC 13932 b
3532	3532	SB2134 - 99 - LRB104 03908 RLC 13932 b
3533	3533	1 (a) of Section 24-1 of the Criminal Code of 1961 or the
3534	3534	2 Criminal Code of 2012 and that violation occurred in a
3535	3535	3 school or in any conveyance owned, leased, or contracted
3536	3536	4 by a school to transport students to or from school or a
3537	3537	5 school-related activity, or on any public way within 1,000
3538	3538	6 feet of real property comprising any school.
3539	3539	7 Psychological evaluations ordered pursuant to this Section
3540	3540	8 shall be completed promptly and made available to the State,
3541	3541	9 the defendant, and the court. As a further condition of bail
3542	3542	10 pretrial release under these circumstances, the court shall
3543	3543	11 order the defendant to refrain from entering upon the property
3544	3544	12 of the school, including any conveyance owned, leased, or
3545	3545	13 contracted by a school to transport students to or from school
3546	3546	14 or a school-related activity, or on any public way within
3547	3547	15 1,000 feet of real property comprising any school. Upon
3548	3548	16 receipt of the psychological evaluation, either the State or
3549	3549	17 the defendant may request a change in the conditions of bail
3550	3550	18 pretrial release, pursuant to Section 110-6 of this Code. The
3551	3551	19 court may change the conditions of bail pretrial release to
3552	3552	20 include a requirement that the defendant follow the
3553	3553	21 recommendations of the psychological evaluation, including
3554	3554	22 undergoing psychiatric treatment. The conclusions of the
3555	3555	23 psychological evaluation and any statements elicited from the
3556	3556	24 defendant during its administration are not admissible as
3557	3557	25 evidence of guilt during the course of any trial on the charged
3558	3558	26 offense, unless the defendant places his or her mental
3559	3559
3560	3560
3561	3561
3562	3562
3563	3563
3564	3564	SB2134 - 99 - LRB104 03908 RLC 13932 b
3565	3565
3566	3566
3567	3567	SB2134- 100 -LRB104 03908 RLC 13932 b SB2134 - 100 - LRB104 03908 RLC 13932 b
3568	3568	SB2134 - 100 - LRB104 03908 RLC 13932 b
3569	3569	1 competency in issue.
3570	3570	2 (b) The court may impose other conditions, such as the
3571	3571	3 following, if the court finds that such conditions are
3572	3572	4 reasonably necessary to assure the defendant's appearance in
3573	3573	5 court, protect the public from the defendant, or prevent the
3574	3574	6 defendant's unlawful interference with the orderly
3575	3575	7 administration of justice:
3576	3576	8 (1) Report to or appear in person before such person
3577	3577	9 or agency as the court may direct;
3578	3578	10 (2) Refrain from possessing a firearm or other
3579	3579	11 dangerous weapon;
3580	3580	12 (3) Refrain from approaching or communicating with
3581	3581	13 particular persons or classes of persons;
3582	3582	14 (4) Refrain from going to certain described
3583	3583	15 geographical areas or premises;
3584	3584	16 (5) Refrain from engaging in certain activities or
3585	3585	17 indulging in intoxicating liquors or in certain drugs;
3586	3586	18 (6) Undergo treatment for drug addiction or
3587	3587	19 alcoholism;
3588	3588	20 (7) Undergo medical or psychiatric treatment;
3589	3589	21 (8) Work or pursue a course of study or vocational
3590	3590	22 training;
3591	3591	23 (9) Attend or reside in a facility designated by the
3592	3592	24 court;
3593	3593	25 (10) Support his or her dependents;
3594	3594	26 (11) If a minor resides with his or her parents or in a
3595	3595
3596	3596
3597	3597
3598	3598
3599	3599
3600	3600	SB2134 - 100 - LRB104 03908 RLC 13932 b
3601	3601
3602	3602
3603	3603	SB2134- 101 -LRB104 03908 RLC 13932 b SB2134 - 101 - LRB104 03908 RLC 13932 b
3604	3604	SB2134 - 101 - LRB104 03908 RLC 13932 b
3605	3605	1 foster home, attend school, attend a non-residential
3606	3606	2 program for youths, and contribute to his or her own
3607	3607	3 support at home or in a foster home;
3608	3608	4 (12) Observe any curfew ordered by the court;
3609	3609	5 (13) Remain in the custody of such designated person
3610	3610	6 or organization agreeing to supervise his release. Such
3611	3611	7 third party custodian shall be responsible for notifying
3612	3612	8 the court if the defendant fails to observe the conditions
3613	3613	9 of release which the custodian has agreed to monitor, and
3614	3614	10 shall be subject to contempt of court for failure so to
3615	3615	11 notify the court;
3616	3616	12 (14) Be placed under direct supervision of the
3617	3617	13 Pretrial Services Agency, Probation Department or Court
3618	3618	14 Services Department in a pretrial bond home supervision
3619	3619	15 capacity with or without the use of an approved electronic
3620	3620	16 monitoring device subject to Article 8A of Chapter V of
3621	3621	17 the Unified Code of Corrections;
3622	3622	18 (14.1) The court shall impose upon a defendant who is
3623	3623	19 charged with any alcohol, cannabis, methamphetamine, or
3624	3624	20 controlled substance violation and is placed under direct
3625	3625	21 supervision of the Pretrial Services Agency, Probation
3626	3626	22 Department or Court Services Department in a pretrial bond
3627	3627	23 home supervision capacity with the use of an approved
3628	3628	24 monitoring device, as a condition of such bail bond, a fee
3629	3629	25 that represents costs incidental to the electronic
3630	3630	26 monitoring for each day of such bail supervision ordered
3631	3631
3632	3632
3633	3633
3634	3634
3635	3635
3636	3636	SB2134 - 101 - LRB104 03908 RLC 13932 b
3637	3637
3638	3638
3639	3639	SB2134- 102 -LRB104 03908 RLC 13932 b SB2134 - 102 - LRB104 03908 RLC 13932 b
3640	3640	SB2134 - 102 - LRB104 03908 RLC 13932 b
3641	3641	1 by the court, unless after determining the inability of
3642	3642	2 the defendant to pay the fee, the court assesses a lesser
3643	3643	3 fee or no fee as the case may be. The fee shall be
3644	3644	4 collected by the clerk of the circuit court, except as
3645	3645	5 provided in an administrative order of the Chief Judge of
3646	3646	6 the circuit court. The clerk of the circuit court shall
3647	3647	7 pay all monies collected from this fee to the county
3648	3648	8 treasurer for deposit in the substance abuse services fund
3649	3649	9 under Section 5-1086.1 of the Counties Code, except as
3650	3650	10 provided in an administrative order of the Chief Judge of
3651	3651	11 the circuit court.
3652	3652	12 The Chief Judge of the circuit court of the county may
3653	3653	13 by administrative order establish a program for electronic
3654	3654	14 monitoring of offenders with regard to drug-related and
3655	3655	15 alcohol-related offenses, in which a vendor supplies and
3656	3656	16 monitors the operation of the electronic monitoring
3657	3657	17 device, and collects the fees on behalf of the county. The
3658	3658	18 program shall include provisions for indigent offenders
3659	3659	19 and the collection of unpaid fees. The program shall not
3660	3660	20 unduly burden the offender and shall be subject to review
3661	3661	21 by the Chief Judge.
3662	3662	22 The Chief Judge of the circuit court may suspend any
3663	3663	23 additional charges or fees for late payment, interest, or
3664	3664	24 damage to any device;
3665	3665	25 (14.2) The court shall impose upon all defendants,
3666	3666	26 including those defendants subject to paragraph (14.1)
3667	3667
3668	3668
3669	3669
3670	3670
3671	3671
3672	3672	SB2134 - 102 - LRB104 03908 RLC 13932 b
3673	3673
3674	3674
3675	3675	SB2134- 103 -LRB104 03908 RLC 13932 b SB2134 - 103 - LRB104 03908 RLC 13932 b
3676	3676	SB2134 - 103 - LRB104 03908 RLC 13932 b
3677	3677	1 above, placed under direct supervision of the Pretrial
3678	3678	2 Services Agency, Probation Department or Court Services
3679	3679	3 Department in a pretrial bond home supervision capacity
3680	3680	4 with the use of an approved monitoring device, as a
3681	3681	5 condition of such bail bond, a fee which shall represent
3682	3682	6 costs incidental to such electronic monitoring for each
3683	3683	7 day of such bail supervision ordered by the court, unless
3684	3684	8 after determining the inability of the defendant to pay
3685	3685	9 the fee, the court assesses a lesser fee or no fee as the
3686	3686	10 case may be. The fee shall be collected by the clerk of the
3687	3687	11 circuit court, except as provided in an administrative
3688	3688	12 order of the Chief Judge of the circuit court. The clerk of
3689	3689	13 the circuit court shall pay all monies collected from this
3690	3690	14 fee to the county treasurer who shall use the monies
3691	3691	15 collected to defray the costs of corrections. The county
3692	3692	16 treasurer shall deposit the fee collected in the county
3693	3693	17 working cash fund under Section 6-27001 or Section 6-29002
3694	3694	18 of the Counties Code, as the case may be, except as
3695	3695	19 provided in an administrative order of the Chief Judge of
3696	3696	20 the circuit court.
3697	3697	21 The Chief Judge of the circuit court of the county may
3698	3698	22 by administrative order establish a program for electronic
3699	3699	23 monitoring of offenders with regard to drug-related and
3700	3700	24 alcohol-related offenses, in which a vendor supplies and
3701	3701	25 monitors the operation of the electronic monitoring
3702	3702	26 device, and collects the fees on behalf of the county. The
3703	3703
3704	3704
3705	3705
3706	3706
3707	3707
3708	3708	SB2134 - 103 - LRB104 03908 RLC 13932 b
3709	3709
3710	3710
3711	3711	SB2134- 104 -LRB104 03908 RLC 13932 b SB2134 - 104 - LRB104 03908 RLC 13932 b
3712	3712	SB2134 - 104 - LRB104 03908 RLC 13932 b
3713	3713	1 program shall include provisions for indigent offenders
3714	3714	2 and the collection of unpaid fees. The program shall not
3715	3715	3 unduly burden the offender and shall be subject to review
3716	3716	4 by the Chief Judge.
3717	3717	5 The Chief Judge of the circuit court may suspend any
3718	3718	6 additional charges or fees for late payment, interest, or
3719	3719	7 damage to any device;
3720	3720	8 (14.3) The Chief Judge of the Judicial Circuit may
3721	3721	9 establish reasonable fees to be paid by a person receiving
3722	3722	10 pretrial services while under supervision of a pretrial
3723	3723	11 services agency, probation department, or court services
3724	3724	12 department. Reasonable fees may be charged for pretrial
3725	3725	13 services including, but not limited to, pretrial
3726	3726	14 supervision, diversion programs, electronic monitoring,
3727	3727	15 victim impact services, drug and alcohol testing, DNA
3728	3728	16 testing, GPS electronic monitoring, assessments and
3729	3729	17 evaluations related to domestic violence and other
3730	3730	18 victims, and victim mediation services. The person
3731	3731	19 receiving pretrial services may be ordered to pay all
3732	3732	20 costs incidental to pretrial services in accordance with
3733	3733	21 his or her ability to pay those costs;
3734	3734	22 (14.4) For persons charged with violating Section
3735	3735	23 11-501 of the Illinois Vehicle Code, refrain from
3736	3736	24 operating a motor vehicle not equipped with an ignition
3737	3737	25 interlock device, as defined in Section 1-129.1 of the
3738	3738	26 Illinois Vehicle Code, pursuant to the rules promulgated
3739	3739
3740	3740
3741	3741
3742	3742
3743	3743
3744	3744	SB2134 - 104 - LRB104 03908 RLC 13932 b
3745	3745
3746	3746
3747	3747	SB2134- 105 -LRB104 03908 RLC 13932 b SB2134 - 105 - LRB104 03908 RLC 13932 b
3748	3748	SB2134 - 105 - LRB104 03908 RLC 13932 b
3749	3749	1 by the Secretary of State for the installation of ignition
3750	3750	2 interlock devices. Under this condition the court may
3751	3751	3 allow a defendant who is not self-employed to operate a
3752	3752	4 vehicle owned by the defendant's employer that is not
3753	3753	5 equipped with an ignition interlock device in the course
3754	3754	6 and scope of the defendant's employment;
3755	3755	7 (15) Comply with the terms and conditions of an order
3756	3756	8 of protection issued by the court under the Illinois
3757	3757	9 Domestic Violence Act of 1986 or an order of protection
3758	3758	10 issued by the court of another state, tribe, or United
3759	3759	11 States territory;
3760	3760	12 (16) Under Section 110-6.5-1 comply with the
3761	3761	13 conditions of the drug testing program; and
3762	3762	14 (17) Such other reasonable conditions as the court may
3763	3763	15 impose.
3764	3764	16 (b) Additional conditions of release shall be set only
3765	3765	17 when it is determined that they are necessary to ensure the
3766	3766	18 defendant's appearance in court, ensure the defendant does not
3767	3767	19 commit any criminal offense, ensure the defendant complies
3768	3768	20 with all conditions of pretrial release, prevent the
3769	3769	21 defendant's unlawful interference with the orderly
3770	3770	22 administration of justice, or ensure compliance with the rules
3771	3771	23 and procedures of problem solving courts. However, conditions
3772	3772	24 shall include the least restrictive means and be
3773	3773	25 individualized. Conditions shall not mandate rehabilitative
3774	3774	26 services unless directly tied to the risk of pretrial
3775	3775
3776	3776
3777	3777
3778	3778
3779	3779
3780	3780	SB2134 - 105 - LRB104 03908 RLC 13932 b
3781	3781
3782	3782
3783	3783	SB2134- 106 -LRB104 03908 RLC 13932 b SB2134 - 106 - LRB104 03908 RLC 13932 b
3784	3784	SB2134 - 106 - LRB104 03908 RLC 13932 b
3785	3785	1 misconduct. Conditions of supervision shall not include
3786	3786	2 punitive measures such as community service work or
3787	3787	3 restitution. Conditions may include the following:
3788	3788	4 (0.05) Not depart this State without leave of the
3789	3789	5 court;
3790	3790	6 (1) Report to or appear in person before such person
3791	3791	7 or agency as the court may direct;
3792	3792	8 (2) Refrain from possessing a firearm or other
3793	3793	9 dangerous weapon;
3794	3794	10 (3) Refrain from approaching or communicating with
3795	3795	11 particular persons or classes of persons;
3796	3796	12 (4) Refrain from going to certain described geographic
3797	3797	13 areas or premises;
3798	3798	14 (5) Be placed under direct supervision of the Pretrial
3799	3799	15 Services Agency, Probation Department or Court Services
3800	3800	16 Department in a pretrial home supervision capacity with or
3801	3801	17 without the use of an approved electronic monitoring
3802	3802	18 device subject to Article 8A of Chapter V of the Unified
3803	3803	19 Code of Corrections;
3804	3804	20 (6) For persons charged with violating Section 11-501
3805	3805	21 of the Illinois Vehicle Code, refrain from operating a
3806	3806	22 motor vehicle not equipped with an ignition interlock
3807	3807	23 device, as defined in Section 1-129.1 of the Illinois
3808	3808	24 Vehicle Code, pursuant to the rules promulgated by the
3809	3809	25 Secretary of State for the installation of ignition
3810	3810	26 interlock devices. Under this condition the court may
3811	3811
3812	3812
3813	3813
3814	3814
3815	3815
3816	3816	SB2134 - 106 - LRB104 03908 RLC 13932 b
3817	3817
3818	3818
3819	3819	SB2134- 107 -LRB104 03908 RLC 13932 b SB2134 - 107 - LRB104 03908 RLC 13932 b
3820	3820	SB2134 - 107 - LRB104 03908 RLC 13932 b
3821	3821	1 allow a defendant who is not self-employed to operate a
3822	3822	2 vehicle owned by the defendant's employer that is not
3823	3823	3 equipped with an ignition interlock device in the course
3824	3824	4 and scope of the defendant's employment;
3825	3825	5 (7) Comply with the terms and conditions of an order
3826	3826	6 of protection issued by the court under the Illinois
3827	3827	7 Domestic Violence Act of 1986 or an order of protection
3828	3828	8 issued by the court of another state, tribe, or United
3829	3829	9 States territory;
3830	3830	10 (8) Sign a written admonishment requiring that he or
3831	3831	11 she comply with the provisions of Section 110-12 regarding
3832	3832	12 any change in his or her address. The defendant's address
3833	3833	13 shall at all times remain a matter of record with the clerk
3834	3834	14 of the court; and
3835	3835	15 (9) Such other reasonable conditions as the court may
3836	3836	16 impose, so long as these conditions are the least
3837	3837	17 restrictive means to achieve the goals listed in
3838	3838	18 subsection (b), are individualized, and are in accordance
3839	3839	19 with national best practices as detailed in the Pretrial
3840	3840	20 Supervision Standards of the Supreme Court.
3841	3841	21 The defendant shall receive verbal and written
3842	3842	22 notification of conditions of pretrial release and future
3843	3843	23 court dates, including the date, time, and location of court.
3844	3844	24 (c) When a person is charged with an offense under Section
3845	3845	25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
3846	3846	26 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3847	3847
3848	3848
3849	3849
3850	3850
3851	3851
3852	3852	SB2134 - 107 - LRB104 03908 RLC 13932 b
3853	3853
3854	3854
3855	3855	SB2134- 108 -LRB104 03908 RLC 13932 b SB2134 - 108 - LRB104 03908 RLC 13932 b
3856	3856	SB2134 - 108 - LRB104 03908 RLC 13932 b
3857	3857	1 Criminal Code of 2012, involving a victim who is a minor under
3858	3858	2 18 years of age living in the same household with the defendant
3859	3859	3 at the time of the offense, in granting bail or releasing the
3860	3860	4 defendant on his or her recognizance, the judge shall impose
3861	3861	5 conditions to restrict the defendant's access to the victim
3862	3862	6 which may include, but are not limited to conditions that he
3863	3863	7 will:
3864	3864	8 1. Vacate the household.
3865	3865	9 2. Make payment of temporary support to his
3866	3866	10 dependents.
3867	3867	11 3. Refrain from contact or communication with the
3868	3868	12 child victim, except as ordered by the court.
3869	3869	13 (d) When a person is charged with a criminal offense and
3870	3870	14 the victim is a family or household member as defined in
3871	3871	15 Article 112A, conditions shall be imposed at the time of the
3872	3872	16 defendant's release on bond that restrict the defendant's
3873	3873	17 access to the victim. Unless provided otherwise by the court,
3874	3874	18 the restrictions shall include requirements that the defendant
3875	3875	19 do the following:
3876	3876	20 (1) refrain from contact or communication with the
3877	3877	21 victim for a minimum period of 72 hours following the
3878	3878	22 defendant's release; and
3879	3879	23 (2) refrain from entering or remaining at the victim's
3880	3880	24 residence for a minimum period of 72 hours following the
3881	3881	25 defendant's release.
3882	3882	26 (e) Local law enforcement agencies shall develop
3883	3883
3884	3884
3885	3885
3886	3886
3887	3887
3888	3888	SB2134 - 108 - LRB104 03908 RLC 13932 b
3889	3889
3890	3890
3891	3891	SB2134- 109 -LRB104 03908 RLC 13932 b SB2134 - 109 - LRB104 03908 RLC 13932 b
3892	3892	SB2134 - 109 - LRB104 03908 RLC 13932 b
3893	3893	1 standardized bond pretrial release forms for use in cases
3894	3894	2 involving family or household members as defined in Article
3895	3895	3 112A, including specific conditions of bond pretrial release
3896	3896	4 as provided in subsection (d). Failure of any law enforcement
3897	3897	5 department to develop or use those forms shall in no way limit
3898	3898	6 the applicability and enforcement of subsections (d) and (f).
3899	3899	7 (f) If the defendant is admitted to bail released after
3900	3900	8 conviction following appeal or other post-conviction
3901	3901	9 proceeding, the conditions of the bail bond pretrial release
3902	3902	10 shall be that he will, in addition to the conditions set forth
3903	3903	11 in subsections (a) and (b) hereof:
3904	3904	12 (1) Duly prosecute his appeal;
3905	3905	13 (2) Appear at such time and place as the court may
3906	3906	14 direct;
3907	3907	15 (3) Not depart this State without leave of the court;
3908	3908	16 (4) Comply with such other reasonable conditions as
3909	3909	17 the court may impose; and
3910	3910	18 (5) If the judgment is affirmed or the cause reversed
3911	3911	19 and remanded for a new trial, forthwith surrender to the
3912	3912	20 officer from whose custody he was bailed released.
3913	3913	21 (g) Upon a finding of guilty for any felony offense, the
3914	3914	22 defendant shall physically surrender, at a time and place
3915	3915	23 designated by the court, any and all firearms in his or her
3916	3916	24 possession and his or her Firearm Owner's Identification Card
3917	3917	25 as a condition of remaining on bond being released pending
3918	3918	26 sentencing.
3919	3919
3920	3920
3921	3921
3922	3922
3923	3923
3924	3924	SB2134 - 109 - LRB104 03908 RLC 13932 b
3925	3925
3926	3926
3927	3927	SB2134- 110 -LRB104 03908 RLC 13932 b SB2134 - 110 - LRB104 03908 RLC 13932 b
3928	3928	SB2134 - 110 - LRB104 03908 RLC 13932 b
3929	3929	1 (h) In the event the defendant is unable to post bond, the
3930	3930	2 court may impose a no contact provision with the victim or
3931	3931	3 other interested party that shall be enforced while the
3932	3932	4 defendant remains in custody.
3933	3933	5 (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
3934	3934	6 102-1104, eff. 1-1-23.)
3935	3935	7 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
3936	3936	8 Sec. 110-11. Bail Pretrial release on a new trial. If the
3937	3937	9 judgment of conviction is reversed and the cause remanded for
3938	3938	10 a new trial the trial court may order that the bail conditions
3939	3939	11 of pretrial release stand pending such trial, or reduce or
3940	3940	12 increase bail modify the conditions of pretrial release.
3941	3941	13 (Source: P.A. 101-652, eff. 1-1-23.)
3942	3942	14 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
3943	3943	15 Sec. 110-12. Notice of change of address. A defendant who
3944	3944	16 has been admitted to bail pretrial release shall file a
3945	3945	17 written notice with the clerk of the court before which the
3946	3946	18 proceeding is pending of any change in his or her address
3947	3947	19 within 24 hours after such change, except that a defendant who
3948	3948	20 has been admitted to bail pretrial release for a forcible
3949	3949	21 felony as defined in Section 2-8 of the Criminal Code of 2012
3950	3950	22 shall file a written notice with the clerk of the court before
3951	3951	23 which the proceeding is pending and the clerk shall
3952	3952	24 immediately deliver a time stamped copy of the written notice
3953	3953
3954	3954
3955	3955
3956	3956
3957	3957
3958	3958	SB2134 - 110 - LRB104 03908 RLC 13932 b
3959	3959
3960	3960
3961	3961	SB2134- 111 -LRB104 03908 RLC 13932 b SB2134 - 111 - LRB104 03908 RLC 13932 b
3962	3962	SB2134 - 111 - LRB104 03908 RLC 13932 b
3963	3963	1 to the State's Attorney prosecutor charged with the
3964	3964	2 prosecution within 24 hours prior to such change. The address
3965	3965	3 of a defendant who has been admitted to bail pretrial release
3966	3966	4 shall at all times remain a matter of public record with the
3967	3967	5 clerk of the court.
3968	3968	6 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
3969	3969	7 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
3970	3970	8 Sec. 111-2. Commencement of prosecutions.
3971	3971	9 (a) All prosecutions of felonies shall be by information
3972	3972	10 or by indictment. No prosecution may be pursued by information
3973	3973	11 unless a preliminary hearing has been held or waived in
3974	3974	12 accordance with Section 109-3 and at that hearing probable
3975	3975	13 cause to believe the defendant committed an offense was found,
3976	3976	14 and the provisions of Section 109-3.1 of this Code have been
3977	3977	15 complied with.
3978	3978	16 (b) All other prosecutions may be by indictment,
3979	3979	17 information or complaint.
3980	3980	18 (c) Upon the filing of an information or indictment in
3981	3981	19 open court charging the defendant with the commission of a sex
3982	3982	20 offense defined in any Section of Article 11 of the Criminal
3983	3983	21 Code of 1961 or the Criminal Code of 2012, and a minor as
3984	3984	22 defined in Section 1-3 of the Juvenile Court Act of 1987 is
3985	3985	23 alleged to be the victim of the commission of the acts of the
3986	3986	24 defendant in the commission of such offense, the court may
3987	3987	25 appoint a guardian ad litem for the minor as provided in
3988	3988
3989	3989
3990	3990
3991	3991
3992	3992
3993	3993	SB2134 - 111 - LRB104 03908 RLC 13932 b
3994	3994
3995	3995
3996	3996	SB2134- 112 -LRB104 03908 RLC 13932 b SB2134 - 112 - LRB104 03908 RLC 13932 b
3997	3997	SB2134 - 112 - LRB104 03908 RLC 13932 b
3998	3998	1 Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
3999	3999	2 1987.
4000	4000	3 (d) Upon the filing of an information or indictment in
4001	4001	4 open court, the court shall immediately issue a warrant for
4002	4002	5 the arrest of each person charged with an offense directed to a
4003	4003	6 peace officer or some other person specifically named
4004	4004	7 commanding him to arrest such person.
4005	4005	8 (e) When the offense is bailable eligible for pretrial
4006	4006	9 release, the judge shall endorse on the warrant the amount of
4007	4007	10 bail conditions of pretrial release required by the order of
4008	4008	11 the court, and if the court orders the process returnable
4009	4009	12 forthwith, the warrant shall require that the accused be
4010	4010	13 arrested and brought immediately into court.
4011	4011	14 (f) Where the prosecution of a felony is by information or
4012	4012	15 complaint after preliminary hearing, or after a waiver of
4013	4013	16 preliminary hearing in accordance with paragraph (a) of this
4014	4014	17 Section, such prosecution may be for all offenses, arising
4015	4015	18 from the same transaction or conduct of a defendant even
4016	4016	19 though the complaint or complaints filed at the preliminary
4017	4017	20 hearing charged only one or some of the offenses arising from
4018	4018	21 that transaction or conduct.
4019	4019	22 (Source: P.A. 101-652, eff. 1-1-23.)
4020	4020	23 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
4021	4021	24 Sec. 112A-23. Enforcement of protective orders.
4022	4022	25 (a) When violation is crime. A violation of any protective
4023	4023
4024	4024
4025	4025
4026	4026
4027	4027
4028	4028	SB2134 - 112 - LRB104 03908 RLC 13932 b
4029	4029
4030	4030
4031	4031	SB2134- 113 -LRB104 03908 RLC 13932 b SB2134 - 113 - LRB104 03908 RLC 13932 b
4032	4032	SB2134 - 113 - LRB104 03908 RLC 13932 b
4033	4033	1 order, whether issued in a civil, quasi-criminal proceeding or
4034	4034	2 by a military judge, shall be enforced by a criminal court
4035	4035	3 when:
4036	4036	4 (1) The respondent commits the crime of violation of a
4037	4037	5 domestic violence order of protection pursuant to Section
4038	4038	6 12-3.4 or 12-30 of the Criminal Code of 1961 or the
4039	4039	7 Criminal Code of 2012, by having knowingly violated:
4040	4040	8 (i) remedies described in paragraph (1), (2), (3),
4041	4041	9 (14), or (14.5) of subsection (b) of Section 112A-14
4042	4042	10 of this Code,
4043	4043	11 (ii) a remedy, which is substantially similar to
4044	4044	12 the remedies authorized under paragraph (1), (2), (3),
4045	4045	13 (14), or (14.5) of subsection (b) of Section 214 of the
4046	4046	14 Illinois Domestic Violence Act of 1986, in a valid
4047	4047	15 order of protection, which is authorized under the
4048	4048	16 laws of another state, tribe, or United States
4049	4049	17 territory, or
4050	4050	18 (iii) any other remedy when the act constitutes a
4051	4051	19 crime against the protected parties as defined by the
4052	4052	20 Criminal Code of 1961 or the Criminal Code of 2012.
4053	4053	21 Prosecution for a violation of a domestic violence
4054	4054	22 order of protection shall not bar concurrent prosecution
4055	4055	23 for any other crime, including any crime that may have
4056	4056	24 been committed at the time of the violation of the
4057	4057	25 domestic violence order of protection; or
4058	4058	26 (2) The respondent commits the crime of child
4059	4059
4060	4060
4061	4061
4062	4062
4063	4063
4064	4064	SB2134 - 113 - LRB104 03908 RLC 13932 b
4065	4065
4066	4066
4067	4067	SB2134- 114 -LRB104 03908 RLC 13932 b SB2134 - 114 - LRB104 03908 RLC 13932 b
4068	4068	SB2134 - 114 - LRB104 03908 RLC 13932 b
4069	4069	1 abduction pursuant to Section 10-5 of the Criminal Code of
4070	4070	2 1961 or the Criminal Code of 2012, by having knowingly
4071	4071	3 violated:
4072	4072	4 (i) remedies described in paragraph (5), (6), or
4073	4073	5 (8) of subsection (b) of Section 112A-14 of this Code,
4074	4074	6 or
4075	4075	7 (ii) a remedy, which is substantially similar to
4076	4076	8 the remedies authorized under paragraph (1), (5), (6),
4077	4077	9 or (8) of subsection (b) of Section 214 of the Illinois
4078	4078	10 Domestic Violence Act of 1986, in a valid domestic
4079	4079	11 violence order of protection, which is authorized
4080	4080	12 under the laws of another state, tribe, or United
4081	4081	13 States territory.
4082	4082	14 (3) The respondent commits the crime of violation of a
4083	4083	15 civil no contact order when the respondent violates
4084	4084	16 Section 12-3.8 of the Criminal Code of 2012. Prosecution
4085	4085	17 for a violation of a civil no contact order shall not bar
4086	4086	18 concurrent prosecution for any other crime, including any
4087	4087	19 crime that may have been committed at the time of the
4088	4088	20 violation of the civil no contact order.
4089	4089	21 (4) The respondent commits the crime of violation of a
4090	4090	22 stalking no contact order when the respondent violates
4091	4091	23 Section 12-3.9 of the Criminal Code of 2012. Prosecution
4092	4092	24 for a violation of a stalking no contact order shall not
4093	4093	25 bar concurrent prosecution for any other crime, including
4094	4094	26 any crime that may have been committed at the time of the
4095	4095
4096	4096
4097	4097
4098	4098
4099	4099
4100	4100	SB2134 - 114 - LRB104 03908 RLC 13932 b
4101	4101
4102	4102
4103	4103	SB2134- 115 -LRB104 03908 RLC 13932 b SB2134 - 115 - LRB104 03908 RLC 13932 b
4104	4104	SB2134 - 115 - LRB104 03908 RLC 13932 b
4105	4105	1 violation of the stalking no contact order.
4106	4106	2 (b) When violation is contempt of court. A violation of
4107	4107	3 any valid protective order, whether issued in a civil or
4108	4108	4 criminal proceeding or by a military judge, may be enforced
4109	4109	5 through civil or criminal contempt procedures, as appropriate,
4110	4110	6 by any court with jurisdiction, regardless where the act or
4111	4111	7 acts which violated the protective order were committed, to
4112	4112	8 the extent consistent with the venue provisions of this
4113	4113	9 Article. Nothing in this Article shall preclude any Illinois
4114	4114	10 court from enforcing any valid protective order issued in
4115	4115	11 another state. Illinois courts may enforce protective orders
4116	4116	12 through both criminal prosecution and contempt proceedings,
4117	4117	13 unless the action which is second in time is barred by
4118	4118	14 collateral estoppel or the constitutional prohibition against
4119	4119	15 double jeopardy.
4120	4120	16 (1) In a contempt proceeding where the petition for a
4121	4121	17 rule to show cause sets forth facts evidencing an
4122	4122	18 immediate danger that the respondent will flee the
4123	4123	19 jurisdiction, conceal a child, or inflict physical abuse
4124	4124	20 on the petitioner or minor children or on dependent adults
4125	4125	21 in petitioner's care, the court may order the attachment
4126	4126	22 of the respondent without prior service of the rule to
4127	4127	23 show cause or the petition for a rule to show cause. Bond
4128	4128	24 shall be set unless specifically denied in writing.
4129	4129	25 (2) A petition for a rule to show cause for violation
4130	4130	26 of a protective order shall be treated as an expedited
4131	4131
4132	4132
4133	4133
4134	4134
4135	4135
4136	4136	SB2134 - 115 - LRB104 03908 RLC 13932 b
4137	4137
4138	4138
4139	4139	SB2134- 116 -LRB104 03908 RLC 13932 b SB2134 - 116 - LRB104 03908 RLC 13932 b
4140	4140	SB2134 - 116 - LRB104 03908 RLC 13932 b
4141	4141	1 proceeding.
4142	4142	2 (c) Violation of custody, allocation of parental
4143	4143	3 responsibility, or support orders. A violation of remedies
4144	4144	4 described in paragraph (5), (6), (8), or (9) of subsection (b)
4145	4145	5 of Section 112A-14 of this Code may be enforced by any remedy
4146	4146	6 provided by Section 607.5 of the Illinois Marriage and
4147	4147	7 Dissolution of Marriage Act. The court may enforce any order
4148	4148	8 for support issued under paragraph (12) of subsection (b) of
4149	4149	9 Section 112A-14 of this Code in the manner provided for under
4150	4150	10 Parts V and VII of the Illinois Marriage and Dissolution of
4151	4151	11 Marriage Act.
4152	4152	12 (d) Actual knowledge. A protective order may be enforced
4153	4153	13 pursuant to this Section if the respondent violates the order
4154	4154	14 after the respondent has actual knowledge of its contents as
4155	4155	15 shown through one of the following means:
4156	4156	16 (1) (Blank).
4157	4157	17 (2) (Blank).
4158	4158	18 (3) By service of a protective order under subsection
4159	4159	19 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
4160	4160	20 (4) By other means demonstrating actual knowledge of
4161	4161	21 the contents of the order.
4162	4162	22 (e) The enforcement of a protective order in civil or
4163	4163	23 criminal court shall not be affected by either of the
4164	4164	24 following:
4165	4165	25 (1) The existence of a separate, correlative order
4166	4166	26 entered under Section 112A-15 of this Code.
4167	4167
4168	4168
4169	4169
4170	4170
4171	4171
4172	4172	SB2134 - 116 - LRB104 03908 RLC 13932 b
4173	4173
4174	4174
4175	4175	SB2134- 117 -LRB104 03908 RLC 13932 b SB2134 - 117 - LRB104 03908 RLC 13932 b
4176	4176	SB2134 - 117 - LRB104 03908 RLC 13932 b
4177	4177	1 (2) Any finding or order entered in a conjoined
4178	4178	2 criminal proceeding.
4179	4179	3 (e-5) If a civil no contact order entered under subsection
4180	4180	4 (6) of Section 112A-20 of the Code of Criminal Procedure of
4181	4181	5 1963 conflicts with an order issued pursuant to the Juvenile
4182	4182	6 Court Act of 1987 or the Illinois Marriage and Dissolution of
4183	4183	7 Marriage Act, the conflicting order issued under subsection
4184	4184	8 (6) of Section 112A-20 of the Code of Criminal Procedure of
4185	4185	9 1963 shall be void.
4186	4186	10 (f) Circumstances. The court, when determining whether or
4187	4187	11 not a violation of a protective order has occurred, shall not
4188	4188	12 require physical manifestations of abuse on the person of the
4189	4189	13 victim.
4190	4190	14 (g) Penalties.
4191	4191	15 (1) Except as provided in paragraph (3) of this
4192	4192	16 subsection (g), where the court finds the commission of a
4193	4193	17 crime or contempt of court under subsection (a) or (b) of
4194	4194	18 this Section, the penalty shall be the penalty that
4195	4195	19 generally applies in such criminal or contempt
4196	4196	20 proceedings, and may include one or more of the following:
4197	4197	21 incarceration, payment of restitution, a fine, payment of
4198	4198	22 attorneys' fees and costs, or community service.
4199	4199	23 (2) The court shall hear and take into account
4200	4200	24 evidence of any factors in aggravation or mitigation
4201	4201	25 before deciding an appropriate penalty under paragraph (1)
4202	4202	26 of this subsection (g).
4203	4203
4204	4204
4205	4205
4206	4206
4207	4207
4208	4208	SB2134 - 117 - LRB104 03908 RLC 13932 b
4209	4209
4210	4210
4211	4211	SB2134- 118 -LRB104 03908 RLC 13932 b SB2134 - 118 - LRB104 03908 RLC 13932 b
4212	4212	SB2134 - 118 - LRB104 03908 RLC 13932 b
4213	4213	1 (3) To the extent permitted by law, the court is
4214	4214	2 encouraged to:
4215	4215	3 (i) increase the penalty for the knowing violation
4216	4216	4 of any protective order over any penalty previously
4217	4217	5 imposed by any court for respondent's violation of any
4218	4218	6 protective order or penal statute involving petitioner
4219	4219	7 as victim and respondent as defendant;
4220	4220	8 (ii) impose a minimum penalty of 24 hours
4221	4221	9 imprisonment for respondent's first violation of any
4222	4222	10 protective order; and
4223	4223	11 (iii) impose a minimum penalty of 48 hours
4224	4224	12 imprisonment for respondent's second or subsequent
4225	4225	13 violation of a protective order
4226	4226	14 unless the court explicitly finds that an increased
4227	4227	15 penalty or that period of imprisonment would be manifestly
4228	4228	16 unjust.
4229	4229	17 (4) In addition to any other penalties imposed for a
4230	4230	18 violation of a protective order, a criminal court may
4231	4231	19 consider evidence of any violations of a protective order:
4232	4232	20 (i) to increase, revoke, or modify the bail bond
4233	4233	21 conditions of pretrial release on an underlying
4234	4234	22 criminal charge pursuant to Section 110-6 of this
4235	4235	23 Code;
4236	4236	24 (ii) to revoke or modify an order of probation,
4237	4237	25 conditional discharge, or supervision, pursuant to
4238	4238	26 Section 5-6-4 of the Unified Code of Corrections;
4239	4239
4240	4240
4241	4241
4242	4242
4243	4243
4244	4244	SB2134 - 118 - LRB104 03908 RLC 13932 b
4245	4245
4246	4246
4247	4247	SB2134- 119 -LRB104 03908 RLC 13932 b SB2134 - 119 - LRB104 03908 RLC 13932 b
4248	4248	SB2134 - 119 - LRB104 03908 RLC 13932 b
4249	4249	1 (iii) to revoke or modify a sentence of periodic
4250	4250	2 imprisonment, pursuant to Section 5-7-2 of the Unified
4251	4251	3 Code of Corrections.
4252	4252	4 (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
4253	4253	5 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
4254	4254	6 7-28-23.)
4255	4255	7 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
4256	4256	8 Sec. 113-3.1. Payment for Court-Appointed Counsel.
4257	4257	9 (a) Whenever under either Section 113-3 of this Code or
4258	4258	10 Rule 607 of the Illinois Supreme Court the court appoints
4259	4259	11 counsel to represent a defendant, the court may order the
4260	4260	12 defendant to pay to the Clerk of the Circuit Court a reasonable
4261	4261	13 sum to reimburse either the county or the State for such
4262	4262	14 representation. In a hearing to determine the amount of the
4263	4263	15 payment, the court shall consider the affidavit prepared by
4264	4264	16 the defendant under Section 113-3 of this Code and any other
4265	4265	17 information pertaining to the defendant's financial
4266	4266	18 circumstances which may be submitted by the parties. Such
4267	4267	19 hearing shall be conducted on the court's own motion or on
4268	4268	20 motion of the prosecutor State's Attorney at any time after
4269	4269	21 the appointment of counsel but no later than 90 days after the
4270	4270	22 entry of a final order disposing of the case at the trial
4271	4271	23 level.
4272	4272	24 (b) Any sum ordered paid under this Section may not exceed
4273	4273	25 $500 for a defendant charged with a misdemeanor, $5,000 for a
4274	4274
4275	4275
4276	4276
4277	4277
4278	4278
4279	4279	SB2134 - 119 - LRB104 03908 RLC 13932 b
4280	4280
4281	4281
4282	4282	SB2134- 120 -LRB104 03908 RLC 13932 b SB2134 - 120 - LRB104 03908 RLC 13932 b
4283	4283	SB2134 - 120 - LRB104 03908 RLC 13932 b
4284	4284	1 defendant charged with a felony, or $2,500 for a defendant who
4285	4285	2 is appealing a conviction of any class offense.
4286	4286	3 (c) The method of any payment required under this Section
4287	4287	4 shall be as specified by the Court. The court may order that
4288	4288	5 payments be made on a monthly basis during the term of
4289	4289	6 representation; however, the sum deposited as money bond shall
4290	4290	7 not be used to satisfy this court order. Any sum deposited as
4291	4291	8 money bond with the Clerk of the Circuit Court under Section
4292	4292	9 110-7 of this Code may be used in the court's discretion in
4293	4293	10 whole or in part to comply with any payment order entered in
4294	4294	11 accordance with paragraph (a) of this Section. The court may
4295	4295	12 give special consideration to the interests of relatives or
4296	4296	13 other third parties who may have posted a money bond on the
4297	4297	14 behalf of the defendant to secure his release. At any time
4298	4298	15 prior to full payment of any payment order the court on its own
4299	4299	16 motion or the motion of any party may reduce, increase, or
4300	4300	17 suspend the ordered payment, or modify the method of payment,
4301	4301	18 as the interest of fairness may require. No increase,
4302	4302	19 suspension, or reduction may be ordered without a hearing and
4303	4303	20 notice to all parties.
4304	4304	21 (d) The Supreme Court or the circuit courts may provide by
4305	4305	22 rule for procedures for the enforcement of orders entered
4306	4306	23 under this Section. Such rules may provide for the assessment
4307	4307	24 of all costs, including attorneys' fees which are required for
4308	4308	25 the enforcement of orders entered under this Section when the
4309	4309	26 court in an enforcement proceeding has first found that the
4310	4310
4311	4311
4312	4312
4313	4313
4314	4314
4315	4315	SB2134 - 120 - LRB104 03908 RLC 13932 b
4316	4316
4317	4317
4318	4318	SB2134- 121 -LRB104 03908 RLC 13932 b SB2134 - 121 - LRB104 03908 RLC 13932 b
4319	4319	SB2134 - 121 - LRB104 03908 RLC 13932 b
4320	4320	1 defendant has willfully refused to pay. The Clerk of the
4321	4321	2 Circuit Court shall keep records and make reports to the court
4322	4322	3 concerning funds paid under this Section in whatever manner
4323	4323	4 the court directs.
4324	4324	5 (e) Whenever an order is entered under this Section for
4325	4325	6 the reimbursement of the State due to the appointment of the
4326	4326	7 State Appellate Defender as counsel on appeal, the order shall
4327	4327	8 provide that the Clerk of the Circuit Court shall retain all
4328	4328	9 funds paid pursuant to such order until the full amount of the
4329	4329	10 sum ordered to be paid by the defendant has been paid. When no
4330	4330	11 balance remains due on such order, the Clerk of the Circuit
4331	4331	12 Court shall inform the court of this fact and the court shall
4332	4332	13 promptly order the Clerk of the Circuit Court to pay to the
4333	4333	14 State Treasurer all of the sum paid.
4334	4334	15 (f) The Clerk of the Circuit Court shall retain all funds
4335	4335	16 under this Section paid for the reimbursement of the county,
4336	4336	17 and shall inform the court when no balance remains due on an
4337	4337	18 order entered hereunder. The Clerk of the Circuit Court shall
4338	4338	19 make payments of funds collected under this Section to the
4339	4339	20 County Treasurer in whatever manner and at whatever point as
4340	4340	21 the court may direct, including payments made on a monthly
4341	4341	22 basis during the term of representation.
4342	4342	23 (g) A defendant who fails to obey any order of court
4343	4343	24 entered under this Section may be punished for contempt of
4344	4344	25 court. Any arrearage in payments may be reduced to judgment in
4345	4345	26 the court's discretion and collected by any means authorized
4346	4346
4347	4347
4348	4348
4349	4349
4350	4350
4351	4351	SB2134 - 121 - LRB104 03908 RLC 13932 b
4352	4352
4353	4353
4354	4354	SB2134- 122 -LRB104 03908 RLC 13932 b SB2134 - 122 - LRB104 03908 RLC 13932 b
4355	4355	SB2134 - 122 - LRB104 03908 RLC 13932 b
4356	4356	1 for the collection of money judgments under the law of this
4357	4357	2 State.
4358	4358	3 (Source: P.A. 102-1104, eff. 1-1-23.)
4359	4359	4 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
4360	4360	5 Sec. 114-1. Motion to dismiss charge.
4361	4361	6 (a) Upon the written motion of the defendant made prior to
4362	4362	7 trial before or after a plea has been entered the court may
4363	4363	8 dismiss the indictment, information or complaint upon any of
4364	4364	9 the following grounds:
4365	4365	10 (1) The defendant has not been placed on trial in
4366	4366	11 compliance with Section 103-5 of this Code.
4367	4367	12 (2) The prosecution of the offense is barred by
4368	4368	13 Sections 3-3 through 3-8 of the Criminal Code of 2012.
4369	4369	14 (3) The defendant has received immunity from
4370	4370	15 prosecution for the offense charged.
4371	4371	16 (4) The indictment was returned by a Grand Jury which
4372	4372	17 was improperly selected and which results in substantial
4373	4373	18 injustice to the defendant.
4374	4374	19 (5) The indictment was returned by a Grand Jury which
4375	4375	20 acted contrary to Article 112 of this Code and which
4376	4376	21 results in substantial injustice to the defendant.
4377	4377	22 (6) The court in which the charge has been filed does
4378	4378	23 not have jurisdiction.
4379	4379	24 (7) The county is an improper place of trial.
4380	4380	25 (8) The charge does not state an offense.
4381	4381
4382	4382
4383	4383
4384	4384
4385	4385
4386	4386	SB2134 - 122 - LRB104 03908 RLC 13932 b
4387	4387
4388	4388
4389	4389	SB2134- 123 -LRB104 03908 RLC 13932 b SB2134 - 123 - LRB104 03908 RLC 13932 b
4390	4390	SB2134 - 123 - LRB104 03908 RLC 13932 b
4391	4391	1 (9) The indictment is based solely upon the testimony
4392	4392	2 of an incompetent witness.
4393	4393	3 (10) The defendant is misnamed in the charge and the
4394	4394	4 misnomer results in substantial injustice to the
4395	4395	5 defendant.
4396	4396	6 (11) The requirements of Section 109-3.1 have not been
4397	4397	7 complied with.
4398	4398	8 (b) The court shall require any motion to dismiss to be
4399	4399	9 filed within a reasonable time after the defendant has been
4400	4400	10 arraigned. Any motion not filed within such time or an
4401	4401	11 extension thereof shall not be considered by the court and the
4402	4402	12 grounds therefor, except as to subsections (a)(6) and (a)(8)
4403	4403	13 of this Section, are waived.
4404	4404	14 (c) If the motion presents only an issue of law the court
4405	4405	15 shall determine it without the necessity of further pleadings.
4406	4406	16 If the motion alleges facts not of record in the case the State
4407	4407	17 shall file an answer admitting or denying each of the factual
4408	4408	18 allegations of the motion.
4409	4409	19 (d) When an issue of fact is presented by a motion to
4410	4410	20 dismiss and the answer of the State the court shall conduct a
4411	4411	21 hearing and determine the issues.
4412	4412	22 (d-5) When a defendant seeks dismissal of the charge upon
4413	4413	23 the ground set forth in subsection (a)(7) of this Section, the
4414	4414	24 defendant shall make a prima facie showing that the county is
4415	4415	25 an improper place of trial. Upon such showing, the State shall
4416	4416	26 have the burden of proving, by a preponderance of the
4417	4417
4418	4418
4419	4419
4420	4420
4421	4421
4422	4422	SB2134 - 123 - LRB104 03908 RLC 13932 b
4423	4423
4424	4424
4425	4425	SB2134- 124 -LRB104 03908 RLC 13932 b SB2134 - 124 - LRB104 03908 RLC 13932 b
4426	4426	SB2134 - 124 - LRB104 03908 RLC 13932 b
4427	4427	1 evidence, that the county is the proper place of trial.
4428	4428	2 (d-6) When a defendant seeks dismissal of the charge upon
4429	4429	3 the grounds set forth in subsection (a)(2) of this Section,
4430	4430	4 the prosecution shall have the burden of proving, by a
4431	4431	5 preponderance of the evidence, that the prosecution of the
4432	4432	6 offense is not barred by Sections 3-3 through 3-8 of the
4433	4433	7 Criminal Code of 2012.
4434	4434	8 (e) Dismissal of the charge upon the grounds set forth in
4435	4435	9 subsections (a)(4) through (a)(11) of this Section shall not
4436	4436	10 prevent the return of a new indictment or the filing of a new
4437	4437	11 charge, and upon such dismissal the court may order that the
4438	4438	12 defendant be held in custody or, if the defendant had been
4439	4439	13 previously released on bail pretrial release, that the bail
4440	4440	14 pretrial release be continued for a specified time pending the
4441	4441	15 return of a new indictment or the filing of a new charge.
4442	4442	16 (f) If the court determines that the motion to dismiss
4443	4443	17 based upon the grounds set forth in subsections (a)(6) and
4444	4444	18 (a)(7) is well founded it may, instead of dismissal, order the
4445	4445	19 cause transferred to a court of competent jurisdiction or to a
4446	4446	20 proper place of trial.
4447	4447	21 (Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
4448	4448	22 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
4449	4449	23 Sec. 115-4.1. Absence of defendant.
4450	4450	24 (a) When a defendant after arrest and an initial court
4451	4451	25 appearance for a non-capital felony or a misdemeanor, fails to
4452	4452
4453	4453
4454	4454
4455	4455
4456	4456
4457	4457	SB2134 - 124 - LRB104 03908 RLC 13932 b
4458	4458
4459	4459
4460	4460	SB2134- 125 -LRB104 03908 RLC 13932 b SB2134 - 125 - LRB104 03908 RLC 13932 b
4461	4461	SB2134 - 125 - LRB104 03908 RLC 13932 b
4462	4462	1 appear for trial, at the request of the State and after the
4463	4463	2 State has affirmatively proven through substantial evidence
4464	4464	3 that the defendant is willfully avoiding trial, the court may
4465	4465	4 commence trial in the absence of the defendant. Absence of a
4466	4466	5 defendant as specified in this Section shall not be a bar to
4467	4467	6 indictment of a defendant, return of information against a
4468	4468	7 defendant, or arraignment of a defendant for the charge for
4469	4469	8 which bail pretrial release has been granted. If a defendant
4470	4470	9 fails to appear at arraignment, the court may enter a plea of
4471	4471	10 "not guilty" on his behalf. If a defendant absents himself
4472	4472	11 before trial on a capital felony, trial may proceed as
4473	4473	12 specified in this Section provided that the State certifies
4474	4474	13 that it will not seek a death sentence following conviction.
4475	4475	14 Trial in the defendant's absence shall be by jury unless the
4476	4476	15 defendant had previously waived trial by jury. The absent
4477	4477	16 defendant must be represented by retained or appointed
4478	4478	17 counsel. The court, at the conclusion of all of the
4479	4479	18 proceedings, may order the clerk of the circuit court to pay
4480	4480	19 counsel such sum as the court deems reasonable, from any bond
4481	4481	20 monies which were posted by the defendant with the clerk,
4482	4482	21 after the clerk has first deducted all court costs. If trial
4483	4483	22 had previously commenced in the presence of the defendant and
4484	4484	23 the defendant willfully absents himself for two successive
4485	4485	24 court days, the court shall proceed to trial. All procedural
4486	4486	25 rights guaranteed by the United States Constitution,
4487	4487	26 Constitution of the State of Illinois, statutes of the State
4488	4488
4489	4489
4490	4490
4491	4491
4492	4492
4493	4493	SB2134 - 125 - LRB104 03908 RLC 13932 b
4494	4494
4495	4495
4496	4496	SB2134- 126 -LRB104 03908 RLC 13932 b SB2134 - 126 - LRB104 03908 RLC 13932 b
4497	4497	SB2134 - 126 - LRB104 03908 RLC 13932 b
4498	4498	1 of Illinois, and rules of court shall apply to the proceedings
4499	4499	2 the same as if the defendant were present in court and had not
4500	4500	3 either forfeited his or her bail bond had his or her pretrial
4501	4501	4 release revoked or escaped from custody. The court may set the
4502	4502	5 case for a trial which may be conducted under this Section
4503	4503	6 despite the failure of the defendant to appear at the hearing
4504	4504	7 at which the trial date is set. When such trial date is set the
4505	4505	8 clerk shall send to the defendant, by certified mail at his
4506	4506	9 last known address indicated on his bond slip, notice of the
4507	4507	10 new date which has been set for trial. Such notification shall
4508	4508	11 be required when the defendant was not personally present in
4509	4509	12 open court at the time when the case was set for trial.
4510	4510	13 (b) The absence of a defendant from a trial conducted
4511	4511	14 pursuant to this Section does not operate as a bar to
4512	4512	15 concluding the trial, to a judgment of conviction resulting
4513	4513	16 therefrom, or to a final disposition of the trial in favor of
4514	4514	17 the defendant.
4515	4515	18 (c) Upon a verdict of not guilty, the court shall enter
4516	4516	19 judgment for the defendant. Upon a verdict of guilty, the
4517	4517	20 court shall set a date for the hearing of post-trial motions
4518	4518	21 and shall hear such motion in the absence of the defendant. If
4519	4519	22 post-trial motions are denied, the court shall proceed to
4520	4520	23 conduct a sentencing hearing and to impose a sentence upon the
4521	4521	24 defendant.
4522	4522	25 (d) A defendant who is absent for part of the proceedings
4523	4523	26 of trial, post-trial motions, or sentencing, does not thereby
4524	4524
4525	4525
4526	4526
4527	4527
4528	4528
4529	4529	SB2134 - 126 - LRB104 03908 RLC 13932 b
4530	4530
4531	4531
4532	4532	SB2134- 127 -LRB104 03908 RLC 13932 b SB2134 - 127 - LRB104 03908 RLC 13932 b
4533	4533	SB2134 - 127 - LRB104 03908 RLC 13932 b
4534	4534	1 forfeit his right to be present at all remaining proceedings.
4535	4535	2 (e) When a defendant who in his absence has been either
4536	4536	3 convicted or sentenced or both convicted and sentenced appears
4537	4537	4 before the court, he must be granted a new trial or new
4538	4538	5 sentencing hearing if the defendant can establish that his
4539	4539	6 failure to appear in court was both without his fault and due
4540	4540	7 to circumstances beyond his control. A hearing with notice to
4541	4541	8 the State's Attorney on the defendant's request for a new
4542	4542	9 trial or a new sentencing hearing must be held before any such
4543	4543	10 request may be granted. At any such hearing both the defendant
4544	4544	11 and the State may present evidence.
4545	4545	12 (f) If the court grants only the defendant's request for a
4546	4546	13 new sentencing hearing, then a new sentencing hearing shall be
4547	4547	14 held in accordance with the provisions of the Unified Code of
4548	4548	15 Corrections. At any such hearing, both the defendant and the
4549	4549	16 State may offer evidence of the defendant's conduct during his
4550	4550	17 period of absence from the court. The court may impose any
4551	4551	18 sentence authorized by the Unified Code of Corrections and is
4552	4552	19 not in any way limited or restricted by any sentence
4553	4553	20 previously imposed.
4554	4554	21 (g) A defendant whose motion under paragraph (e) for a new
4555	4555	22 trial or new sentencing hearing has been denied may file a
4556	4556	23 notice of appeal therefrom. Such notice may also include a
4557	4557	24 request for review of the judgment and sentence not vacated by
4558	4558	25 the trial court.
4559	4559	26 (Source: P.A. 101-652, eff. 1-1-23.)
4560	4560
4561	4561
4562	4562
4563	4563
4564	4564
4565	4565	SB2134 - 127 - LRB104 03908 RLC 13932 b
4566	4566
4567	4567
4568	4568	SB2134- 128 -LRB104 03908 RLC 13932 b SB2134 - 128 - LRB104 03908 RLC 13932 b
4569	4569	SB2134 - 128 - LRB104 03908 RLC 13932 b
4570	4570	1 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
4571	4571	2 Sec. 122-6. Disposition in trial court. The court may
4572	4572	3 receive proof by affidavits, depositions, oral testimony, or
4573	4573	4 other evidence. In its discretion the court may order the
4574	4574	5 petitioner brought before the court for the hearing. If the
4575	4575	6 court finds in favor of the petitioner, it shall enter an
4576	4576	7 appropriate order with respect to the judgment or sentence in
4577	4577	8 the former proceedings and such supplementary orders as to
4578	4578	9 rearraignment, retrial, custody, bail, conditions of pretrial
4579	4579	10 release or discharge as may be necessary and proper.
4580	4580	11 (Source: P.A. 101-652, eff. 1-1-23.)
4581	4581	12 (725 ILCS 5/102-10.5 rep.)
4582	4582	13 (725 ILCS 5/102-14.5 rep.)
4583	4583	14 (725 ILCS 5/110-1.5 rep.)
4584	4584	15 (725 ILCS 5/110-6.6 rep.)
4585	4585	16 (725 ILCS 5/110-7.5 rep.)
4586	4586	17 Section 15. The Code of Criminal Procedure of 1963 is
4587	4587	18 amended by repealing Sections 102-10.5, 102-14.5, 110-1.5,
4588	4588	19 110-6.6, and 110-7.5.
4589	4589	20 Section 20. The Code of Criminal Procedure of 1963 is
4590	4590	21 amended by changing Sections 103-2 and 108-8 as follows:
4591	4591	22 (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
4592	4592
4593	4593
4594	4594
4595	4595
4596	4596
4597	4597	SB2134 - 128 - LRB104 03908 RLC 13932 b
4598	4598
4599	4599
4600	4600	SB2134- 129 -LRB104 03908 RLC 13932 b SB2134 - 129 - LRB104 03908 RLC 13932 b
4601	4601	SB2134 - 129 - LRB104 03908 RLC 13932 b
4602	4602	1 Sec. 103-2. Treatment while in custody.
4603	4603	2 (a) On being taken into custody every person shall have
4604	4604	3 the right to remain silent.
4605	4605	4 (b) No unlawful means of any kind shall be used to obtain a
4606	4606	5 statement, admission or confession from any person in custody.
4607	4607	6 (c) Persons in custody shall be treated humanely and
4608	4608	7 provided with proper food, shelter and, if required, medical
4609	4609	8 treatment without unreasonable delay if the need for the
4610	4610	9 treatment is apparent.
4611	4611	10 (Source: P.A. 101-652, eff. 7-1-21.)
4612	4612	11 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
4613	4613	12 Sec. 108-8. Use of force in execution of search warrant.
4614	4614	13 (a) All necessary and reasonable force may be used to
4615	4615	14 effect an entry into any building or property or part thereof
4616	4616	15 to execute a search warrant.
4617	4617	16 (b) The court issuing a warrant may authorize the officer
4618	4618	17 executing the warrant to make entry without first knocking and
4619	4619	18 announcing his or her office if it finds, based upon a showing
4620	4620	19 of specific facts, the existence of the following exigent
4621	4621	20 circumstances:
4622	4622	21 (1) That the officer reasonably believes that if
4623	4623	22 notice were given a weapon would be used:
4624	4624	23 (i) against the officer executing the search
4625	4625	24 warrant; or
4626	4626	25 (ii) against another person.
4627	4627
4628	4628
4629	4629
4630	4630
4631	4631
4632	4632	SB2134 - 129 - LRB104 03908 RLC 13932 b
4633	4633
4634	4634
4635	4635	SB2134- 130 -LRB104 03908 RLC 13932 b SB2134 - 130 - LRB104 03908 RLC 13932 b
4636	4636	SB2134 - 130 - LRB104 03908 RLC 13932 b
4637	4637	1 (2) That if notice were given there is an imminent
4638	4638	2 "danger" that evidence will be destroyed.
4639	4639	3 (c) Prior to the issuing of a warrant under subsection
4640	4640	4 (b), the officer must attest that:
4641	4641	5 (1) prior to entering the location described in the
4642	4642	6 search warrant, a supervising officer will ensure that
4643	4643	7 each participating member is assigned a body worn camera
4644	4644	8 and is following policies and procedures in accordance
4645	4645	9 with Section 10-20 of the Law Enforcement Officer-Worn
4646	4646	10 Body Camera Act; provided that the law enforcement agency
4647	4647	11 has implemented body worn camera in accordance with
4648	4648	12 Section 10-15 of the Law Enforcement Officer-Worn Body
4649	4649	13 Camera Act. If a law enforcement agency or each
4650	4650	14 participating member of a multi-jurisdictional team has
4651	4651	15 not implemented a body camera in accordance with Section
4652	4652	16 10-15 of the Law Enforcement Officer-Worn Body Camera Act,
4653	4653	17 the officer must attest that the interaction authorized by
4654	4654	18 the warrant is otherwise recorded;
4655	4655	19 (2) The supervising officer verified the subject
4656	4656	20 address listed on the warrant for accuracy and planned for
4657	4657	21 children or other vulnerable people on-site; and
4658	4658	22 (3) if an officer becomes aware the search warrant was
4659	4659	23 executed at an address, unit, or apartment different from
4660	4660	24 the location listed on the search warrant, that member
4661	4661	25 will immediately notify a supervisor who will ensure an
4662	4662	26 internal investigation or formal inquiry ensues.
4663	4663
4664	4664
4665	4665
4666	4666
4667	4667
4668	4668	SB2134 - 130 - LRB104 03908 RLC 13932 b
4669	4669
4670	4670
4671	4671	SB2134- 131 -LRB104 03908 RLC 13932 b SB2134 - 131 - LRB104 03908 RLC 13932 b
4672	4672	SB2134 - 131 - LRB104 03908 RLC 13932 b
4673	4673	1 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
4674	4674	2 Section 25. The Code of Criminal Procedure of 1963 is
4675	4675	3 amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1,
4676	4676	4 110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1,
4677	4677	5 110-15.1, 110-16.1, 110-17.1, and 110-18.1 as follows:
4678	4678	6 (725 ILCS 5/103-3.1 new)
4679	4679	7 Sec. 103-3.1. Right to communicate with attorney and
4680	4680	8 family; transfers.
4681	4681	9 (a) Persons who are arrested shall have the right to
4682	4682	10 communicate with an attorney of their choice and a member of
4683	4683	11 their family by making a reasonable number of telephone calls
4684	4684	12 or in any other reasonable manner. Such communication shall be
4685	4685	13 permitted within a reasonable time after arrival at the first
4686	4686	14 place of custody.
4687	4687	15 (b) In the event the accused is transferred to a new place
4688	4688	16 of custody his right to communicate with an attorney and a
4689	4689	17 member of his family is renewed.
4690	4690	18 (725 ILCS 5/110-4.1 new)
4691	4691	19 Sec. 110-4.1. Bailable offenses.
4692	4692	20 (a) All persons shall be bailable before conviction,
4693	4693	21 except the following offenses where the proof is evident or
4694	4694	22 the presumption great that the defendant is guilty of the
4695	4695	23 offense: capital offenses; offenses for which a sentence of
4696	4696
4697	4697
4698	4698
4699	4699
4700	4700
4701	4701	SB2134 - 131 - LRB104 03908 RLC 13932 b
4702	4702
4703	4703
4704	4704	SB2134- 132 -LRB104 03908 RLC 13932 b SB2134 - 132 - LRB104 03908 RLC 13932 b
4705	4705	SB2134 - 132 - LRB104 03908 RLC 13932 b
4706	4706	1 life imprisonment may be imposed as a consequence of
4707	4707	2 conviction; felony offenses for which a sentence of
4708	4708	3 imprisonment, without conditional and revocable release, shall
4709	4709	4 be imposed by law as a consequence of conviction, where the
4710	4710	5 court after a hearing, determines that the release of the
4711	4711	6 defendant would pose a real and present threat to the physical
4712	4712	7 safety of any person or persons; stalking or aggravated
4713	4713	8 stalking, where the court, after a hearing, determines that
4714	4714	9 the release of the defendant would pose a real and present
4715	4715	10 threat to the physical safety of the alleged victim of the
4716	4716	11 offense and denial of bail is necessary to prevent fulfillment
4717	4717	12 of the threat upon which the charge is based; or unlawful use
4718	4718	13 of weapons in violation of item (4) of subsection (a) of
4719	4719	14 Section 24-1 of the Criminal Code of 1961 or the Criminal Code
4720	4720	15 of 2012 when that offense occurred in a school or in any
4721	4721	16 conveyance owned, leased, or contracted by a school to
4722	4722	17 transport students to or from school or a school-related
4723	4723	18 activity, or on any public way within 1,000 feet of real
4724	4724	19 property comprising any school, where the court, after a
4725	4725	20 hearing, determines that the release of the defendant would
4726	4726	21 pose a real and present threat to the physical safety of any
4727	4727	22 person and denial of bail is necessary to prevent fulfillment
4728	4728	23 of that threat; or making a terrorist threat in violation of
4729	4729	24 Section 29D-20 of the Criminal Code of 1961 or the Criminal
4730	4730	25 Code of 2012 or an attempt to commit the offense of making a
4731	4731	26 terrorist threat, where the court, after a hearing, determines
4732	4732
4733	4733
4734	4734
4735	4735
4736	4736
4737	4737	SB2134 - 132 - LRB104 03908 RLC 13932 b
4738	4738
4739	4739
4740	4740	SB2134- 133 -LRB104 03908 RLC 13932 b SB2134 - 133 - LRB104 03908 RLC 13932 b
4741	4741	SB2134 - 133 - LRB104 03908 RLC 13932 b
4742	4742	1 that the release of the defendant would pose a real and present
4743	4743	2 threat to the physical safety of any person and denial of bail
4744	4744	3 is necessary to prevent fulfillment of that threat.
4745	4745	4 (b) A person seeking release on bail who is charged with a
4746	4746	5 capital offense or an offense for which a sentence of life
4747	4747	6 imprisonment may be imposed shall not be bailable until a
4748	4748	7 hearing is held wherein such person has the burden of
4749	4749	8 demonstrating that the proof of his guilt is not evident and
4750	4750	9 the presumption is not great.
4751	4751	10 (c) Where it is alleged that bail should be denied to a
4752	4752	11 person upon the grounds that the person presents a real and
4753	4753	12 present threat to the physical safety of any person or
4754	4754	13 persons, the burden of proof of such allegations shall be upon
4755	4755	14 the State.
4756	4756	15 (d) When it is alleged that bail should be denied to a
4757	4757	16 person charged with stalking or aggravated stalking upon the
4758	4758	17 grounds set forth in Section 110-6.3-1 of this Code, the
4759	4759	18 burden of proof of those allegations shall be upon the State.
4760	4760	19 (725 ILCS 5/110-6.3-1 new)
4761	4761	20 Sec. 110-6.3-1. Denial of bail in stalking and aggravated
4762	4762	21 stalking offenses.
4763	4763	22 (a) Upon verified petition by the State, the court shall
4764	4764	23 hold a hearing to determine whether bail should be denied to a
4765	4765	24 defendant who is charged with stalking or aggravated stalking,
4766	4766	25 when it is alleged that the defendant's admission to bail
4767	4767
4768	4768
4769	4769
4770	4770
4771	4771
4772	4772	SB2134 - 133 - LRB104 03908 RLC 13932 b
4773	4773
4774	4774
4775	4775	SB2134- 134 -LRB104 03908 RLC 13932 b SB2134 - 134 - LRB104 03908 RLC 13932 b
4776	4776	SB2134 - 134 - LRB104 03908 RLC 13932 b
4777	4777	1 poses a real and present threat to the physical safety of the
4778	4778	2 alleged victim of the offense, and denial of release on bail or
4779	4779	3 personal recognizance is necessary to prevent fulfillment of
4780	4780	4 the threat upon which the charge is based.
4781	4781	5 (1) A petition may be filed without prior notice to
4782	4782	6 the defendant at the first appearance before a judge, or
4783	4783	7 within 21 calendar days, except as provided in Section
4784	4784	8 110-6, after arrest and release of the defendant upon
4785	4785	9 reasonable notice to defendant; provided that while the
4786	4786	10 petition is pending before the court, the defendant if
4787	4787	11 previously released shall not be detained.
4788	4788	12 (2) The hearing shall be held immediately upon the
4789	4789	13 defendant's appearance before the court, unless for good
4790	4790	14 cause shown the defendant or the State seeks a
4791	4791	15 continuance. A continuance on motion of the defendant may
4792	4792	16 not exceed 5 calendar days, and the defendant may be held
4793	4793	17 in custody during the continuance. A continuance on the
4794	4794	18 motion of the State may not exceed 3 calendar days;
4795	4795	19 however, the defendant may be held in custody during the
4796	4796	20 continuance under this provision if the defendant has been
4797	4797	21 previously found to have violated an order of protection
4798	4798	22 or has been previously convicted of, or granted court
4799	4799	23 supervision for, any of the offenses set forth in Sections
4800	4800	24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
4801	4801	25 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
4802	4802	26 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
4803	4803
4804	4804
4805	4805
4806	4806
4807	4807
4808	4808	SB2134 - 134 - LRB104 03908 RLC 13932 b
4809	4809
4810	4810
4811	4811	SB2134- 135 -LRB104 03908 RLC 13932 b SB2134 - 135 - LRB104 03908 RLC 13932 b
4812	4812	SB2134 - 135 - LRB104 03908 RLC 13932 b
4813	4813	1 of 1961 or the Criminal Code of 2012, against the same
4814	4814	2 person as the alleged victim of the stalking or aggravated
4815	4815	3 stalking offense.
4816	4816	4 (b) The court may deny bail to the defendant when, after
4817	4817	5 the hearing, it is determined that:
4818	4818	6 (1) the proof is evident or the presumption great that
4819	4819	7 the defendant has committed the offense of stalking or
4820	4820	8 aggravated stalking; and
4821	4821	9 (2) the defendant poses a real and present threat to
4822	4822	10 the physical safety of the alleged victim of the offense;
4823	4823	11 and
4824	4824	12 (3) the denial of release on bail or personal
4825	4825	13 recognizance is necessary to prevent fulfillment of the
4826	4826	14 threat upon which the charge is based; and
4827	4827	15 (4) the court finds that no condition or combination
4828	4828	16 of conditions set forth in subsection (b) of Section
4829	4829	17 110-10 of this Code, including mental health treatment at
4830	4830	18 a community mental health center, hospital, or facility of
4831	4831	19 the Department of Human Services, can reasonably assure
4832	4832	20 the physical safety of the alleged victim of the offense.
4833	4833	21 (c) Conduct of the hearings.
4834	4834	22 (1) The hearing on the defendant's culpability and
4835	4835	23 threat to the alleged victim of the offense shall be
4836	4836	24 conducted in accordance with the following provisions:
4837	4837	25 (A) Information used by the court in its findings
4838	4838	26 or stated in or offered at the hearing may be by way of
4839	4839
4840	4840
4841	4841
4842	4842
4843	4843
4844	4844	SB2134 - 135 - LRB104 03908 RLC 13932 b
4845	4845
4846	4846
4847	4847	SB2134- 136 -LRB104 03908 RLC 13932 b SB2134 - 136 - LRB104 03908 RLC 13932 b
4848	4848	SB2134 - 136 - LRB104 03908 RLC 13932 b
4849	4849	1 proffer based upon reliable information offered by the
4850	4850	2 State or by defendant. Defendant has the right to be
4851	4851	3 represented by counsel, and if he is indigent, to have
4852	4852	4 counsel appointed for him. Defendant shall have the
4853	4853	5 opportunity to testify, to present witnesses in his
4854	4854	6 own behalf, and to cross-examine witnesses if any are
4855	4855	7 called by the State. The defendant has the right to
4856	4856	8 present witnesses in his favor. When the ends of
4857	4857	9 justice so require, the court may exercise its
4858	4858	10 discretion and compel the appearance of a complaining
4859	4859	11 witness. The court shall state on the record reasons
4860	4860	12 for granting a defense request to compel the presence
4861	4861	13 of a complaining witness. Cross-examination of a
4862	4862	14 complaining witness at the pretrial detention hearing
4863	4863	15 for the purpose of impeaching the witness' credibility
4864	4864	16 is insufficient reason to compel the presence of the
4865	4865	17 witness. In deciding whether to compel the appearance
4866	4866	18 of a complaining witness, the court shall be
4867	4867	19 considerate of the emotional and physical well-being
4868	4868	20 of the witness. The pretrial detention hearing is not
4869	4869	21 to be used for the purposes of discovery, and the post
4870	4870	22 arraignment rules of discovery do not apply. The State
4871	4871	23 shall tender to the defendant, prior to the hearing,
4872	4872	24 copies of defendant's criminal history, if any, if
4873	4873	25 available, and any written or recorded statements and
4874	4874	26 the substance of any oral statements made by any
4875	4875
4876	4876
4877	4877
4878	4878
4879	4879
4880	4880	SB2134 - 136 - LRB104 03908 RLC 13932 b
4881	4881
4882	4882
4883	4883	SB2134- 137 -LRB104 03908 RLC 13932 b SB2134 - 137 - LRB104 03908 RLC 13932 b
4884	4884	SB2134 - 137 - LRB104 03908 RLC 13932 b
4885	4885	1 person, if relied upon by the State. The rules
4886	4886	2 concerning the admissibility of evidence in criminal
4887	4887	3 trials do not apply to the presentation and
4888	4888	4 consideration of information at the hearing. At the
4889	4889	5 trial concerning the offense for which the hearing was
4890	4890	6 conducted neither the finding of the court nor any
4891	4891	7 transcript or other record of the hearing shall be
4892	4892	8 admissible in the State's case in chief, but shall be
4893	4893	9 admissible for impeachment, or as provided in Section
4894	4894	10 115-10.1 of this Code, or in a perjury proceeding.
4895	4895	11 (B) A motion by the defendant to suppress evidence
4896	4896	12 or to suppress a confession shall not be entertained.
4897	4897	13 Evidence that proof may have been obtained as the
4898	4898	14 result of an unlawful search and seizure or through
4899	4899	15 improper interrogation is not relevant to this state
4900	4900	16 of the prosecution.
4901	4901	17 (2) The facts relied upon by the court to support a
4902	4902	18 finding that:
4903	4903	19 (A) the defendant poses a real and present threat
4904	4904	20 to the physical safety of the alleged victim of the
4905	4905	21 offense; and
4906	4906	22 (B) the denial of release on bail or personal
4907	4907	23 recognizance is necessary to prevent fulfillment of
4908	4908	24 the threat upon which the charge is based;
4909	4909	25 shall be supported by clear and convincing evidence
4910	4910	26 presented by the State.
4911	4911
4912	4912
4913	4913
4914	4914
4915	4915
4916	4916	SB2134 - 137 - LRB104 03908 RLC 13932 b
4917	4917
4918	4918
4919	4919	SB2134- 138 -LRB104 03908 RLC 13932 b SB2134 - 138 - LRB104 03908 RLC 13932 b
4920	4920	SB2134 - 138 - LRB104 03908 RLC 13932 b
4921	4921	1 (d) Factors to be considered in making a determination of
4922	4922	2 the threat to the alleged victim of the offense. The court may,
4923	4923	3 in determining whether the defendant poses, at the time of the
4924	4924	4 hearing, a real and present threat to the physical safety of
4925	4925	5 the alleged victim of the offense, consider but shall not be
4926	4926	6 limited to evidence or testimony concerning:
4927	4927	7 (1) The nature and circumstances of the offense
4928	4928	8 charged;
4929	4929	9 (2) The history and characteristics of the defendant
4930	4930	10 including:
4931	4931	11 (A) Any evidence of the defendant's prior criminal
4932	4932	12 history indicative of violent, abusive or assaultive
4933	4933	13 behavior, or lack of that behavior. The evidence may
4934	4934	14 include testimony or documents received in juvenile
4935	4935	15 proceedings, criminal, quasi-criminal, civil
4936	4936	16 commitment, domestic relations or other proceedings;
4937	4937	17 (B) Any evidence of the defendant's psychological,
4938	4938	18 psychiatric or other similar social history that tends
4939	4939	19 to indicate a violent, abusive, or assaultive nature,
4940	4940	20 or lack of any such history.
4941	4941	21 (3) The nature of the threat which is the basis of the
4942	4942	22 charge against the defendant;
4943	4943	23 (4) Any statements made by, or attributed to the
4944	4944	24 defendant, together with the circumstances surrounding
4945	4945	25 them;
4946	4946	26 (5) The age and physical condition of any person
4947	4947
4948	4948
4949	4949
4950	4950
4951	4951
4952	4952	SB2134 - 138 - LRB104 03908 RLC 13932 b
4953	4953
4954	4954
4955	4955	SB2134- 139 -LRB104 03908 RLC 13932 b SB2134 - 139 - LRB104 03908 RLC 13932 b
4956	4956	SB2134 - 139 - LRB104 03908 RLC 13932 b
4957	4957	1 assaulted by the defendant;
4958	4958	2 (6) Whether the defendant is known to possess or have
4959	4959	3 access to any weapon or weapons;
4960	4960	4 (7) Whether, at the time of the current offense or any
4961	4961	5 other offense or arrest, the defendant was on probation,
4962	4962	6 parole, aftercare release, mandatory supervised release or
4963	4963	7 other release from custody pending trial, sentencing,
4964	4964	8 appeal or completion of sentence for an offense under
4965	4965	9 federal or state law;
4966	4966	10 (8) Any other factors, including those listed in
4967	4967	11 Section 110-5 of this Code, deemed by the court to have a
4968	4968	12 reasonable bearing upon the defendant's propensity or
4969	4969	13 reputation for violent, abusive or assaultive behavior, or
4970	4970	14 lack of that behavior.
4971	4971	15 (e) The court shall, in any order denying bail to a person
4972	4972	16 charged with stalking or aggravated stalking:
4973	4973	17 (1) briefly summarize the evidence of the defendant's
4974	4974	18 culpability and its reasons for concluding that the
4975	4975	19 defendant should be held without bail;
4976	4976	20 (2) direct that the defendant be committed to the
4977	4977	21 custody of the sheriff for confinement in the county jail
4978	4978	22 pending trial;
4979	4979	23 (3) direct that the defendant be given a reasonable
4980	4980	24 opportunity for private consultation with counsel, and for
4981	4981	25 communication with others of his choice by visitation,
4982	4982	26 mail and telephone; and
4983	4983
4984	4984
4985	4985
4986	4986
4987	4987
4988	4988	SB2134 - 139 - LRB104 03908 RLC 13932 b
4989	4989
4990	4990
4991	4991	SB2134- 140 -LRB104 03908 RLC 13932 b SB2134 - 140 - LRB104 03908 RLC 13932 b
4992	4992	SB2134 - 140 - LRB104 03908 RLC 13932 b
4993	4993	1 (4) direct that the sheriff deliver the defendant as
4994	4994	2 required for appearances in connection with court
4995	4995	3 proceedings.
4996	4996	4 (f) If the court enters an order for the detention of the
4997	4997	5 defendant under subsection (e) of this Section, the defendant
4998	4998	6 shall be brought to trial on the offense for which he is
4999	4999	7 detained within 90 days after the date on which the order for
5000	5000	8 detention was entered. If the defendant is not brought to
5001	5001	9 trial within the 90 day period required by this subsection
5002	5002	10 (f), he shall not be held longer without bail. In computing the
5003	5003	11 90 day period, the court shall omit any period of delay
5004	5004	12 resulting from a continuance granted at the request of the
5005	5005	13 defendant. The court shall immediately notify the alleged
5006	5006	14 victim of the offense that the defendant has been admitted to
5007	5007	15 bail under this subsection.
5008	5008	16 (g) Any person shall be entitled to appeal any order
5009	5009	17 entered under this Section denying bail to the defendant.
5010	5010	18 (h) The State may appeal any order entered under this
5011	5011	19 Section denying any motion for denial of bail.
5012	5012	20 (i) Nothing in this Section shall be construed as
5013	5013	21 modifying or limiting in any way the defendant's presumption
5014	5014	22 of innocence in further criminal proceedings.
5015	5015	23 (725 ILCS 5/110-6.5-1 new)
5016	5016	24 Sec. 110-6.5-1. Drug testing program.
5017	5017	25 (a) The Chief Judge of the circuit may establish a drug
5018	5018
5019	5019
5020	5020
5021	5021
5022	5022
5023	5023	SB2134 - 140 - LRB104 03908 RLC 13932 b
5024	5024
5025	5025
5026	5026	SB2134- 141 -LRB104 03908 RLC 13932 b SB2134 - 141 - LRB104 03908 RLC 13932 b
5027	5027	SB2134 - 141 - LRB104 03908 RLC 13932 b
5028	5028	1 testing program as provided by this Section in any county in
5029	5029	2 the circuit if the county board has approved the establishment
5030	5030	3 of the program and the county probation department or pretrial
5031	5031	4 services agency has consented to administer it. The drug
5032	5032	5 testing program shall be conducted under the following
5033	5033	6 provisions:
5034	5034	7 (a-1) The court, in the case of a defendant charged with a
5035	5035	8 felony offense or any offense involving the possession or
5036	5036	9 delivery of cannabis or a controlled substance, shall:
5037	5037	10 (1) not consider the release of the defendant on his
5038	5038	11 or her own recognizance, unless the defendant consents to
5039	5039	12 periodic drug testing during the period of release on his
5040	5040	13 or her own recognizance, in accordance with this Section;
5041	5041	14 (2) consider the consent of the defendant to periodic
5042	5042	15 drug testing during the period of release on bail in
5043	5043	16 accordance with this Section as a favorable factor for the
5044	5044	17 defendant in determining the amount of bail, the
5045	5045	18 conditions of release or in considering the defendant's
5046	5046	19 motion to reduce the amount of bail.
5047	5047	20 (b) The drug testing shall be conducted by the pretrial
5048	5048	21 services agency or under the direction of the probation
5049	5049	22 department when a pretrial services agency does not exist in
5050	5050	23 accordance with this Section.
5051	5051	24 (c) A defendant who consents to periodic drug testing as
5052	5052	25 set forth in this Section shall sign an agreement with the
5053	5053	26 court that, during the period of release, the defendant shall
5054	5054
5055	5055
5056	5056
5057	5057
5058	5058
5059	5059	SB2134 - 141 - LRB104 03908 RLC 13932 b
5060	5060
5061	5061
5062	5062	SB2134- 142 -LRB104 03908 RLC 13932 b SB2134 - 142 - LRB104 03908 RLC 13932 b
5063	5063	SB2134 - 142 - LRB104 03908 RLC 13932 b
5064	5064	1 refrain from using illegal drugs and that the defendant will
5065	5065	2 comply with the conditions of the testing program. The
5066	5066	3 agreement shall be on a form prescribed by the court and shall
5067	5067	4 be executed at the time of the bail hearing. This agreement
5068	5068	5 shall be made a specific condition of bail.
5069	5069	6 (d) The drug testing program shall be conducted as
5070	5070	7 follows:
5071	5071	8 (1) The testing shall be done by urinalysis for the
5072	5072	9 detection of phencyclidine, heroin, cocaine, methadone and
5073	5073	10 amphetamines.
5074	5074	11 (2) The collection of samples shall be performed under
5075	5075	12 reasonable and sanitary conditions.
5076	5076	13 (3) Samples shall be collected and tested with due
5077	5077	14 regard for the privacy of the individual being tested and
5078	5078	15 in a manner reasonably calculated to prevent substitutions
5079	5079	16 or interference with the collection or testing of reliable
5080	5080	17 samples.
5081	5081	18 (4) Sample collection shall be documented, and the
5082	5082	19 documentation procedures shall include:
5083	5083	20 (i) Labeling of samples so as to reasonably
5084	5084	21 preclude the probability of erroneous identification
5085	5085	22 of test results; and
5086	5086	23 (ii) An opportunity for the defendant to provide
5087	5087	24 information on the identification of prescription or
5088	5088	25 nonprescription drugs used in connection with a
5089	5089	26 medical condition.
5090	5090
5091	5091
5092	5092
5093	5093
5094	5094
5095	5095	SB2134 - 142 - LRB104 03908 RLC 13932 b
5096	5096
5097	5097
5098	5098	SB2134- 143 -LRB104 03908 RLC 13932 b SB2134 - 143 - LRB104 03908 RLC 13932 b
5099	5099	SB2134 - 143 - LRB104 03908 RLC 13932 b
5100	5100	1 (5) Sample collection, storage, and transportation to
5101	5101	2 the place of testing shall be performed so as to
5102	5102	3 reasonably preclude the probability of sample
5103	5103	4 contamination or adulteration.
5104	5104	5 (6) Sample testing shall conform to scientifically
5105	5105	6 accepted analytical methods and procedures. Testing shall
5106	5106	7 include verification or confirmation of any positive test
5107	5107	8 result by a reliable analytical method before the result
5108	5108	9 of any test may be used as a basis for any action by the
5109	5109	10 court.
5110	5110	11 (e) The initial sample shall be collected before the
5111	5111	12 defendant's release on bail. Thereafter, the defendant shall
5112	5112	13 report to the pretrial services agency or probation department
5113	5113	14 as required by the agency or department. The pretrial services
5114	5114	15 agency or probation department shall immediately notify the
5115	5115	16 court of any defendant who fails to report for testing.
5116	5116	17 (f) After the initial test, a subsequent confirmed
5117	5117	18 positive test result indicative of continued drug use shall
5118	5118	19 result in the following:
5119	5119	20 (1) Upon the first confirmed positive test result, the
5120	5120	21 pretrial services agency or probation department, shall
5121	5121	22 place the defendant on a more frequent testing schedule
5122	5122	23 and shall warn the defendant of the consequences of
5123	5123	24 continued drug use.
5124	5124	25 (2) A second confirmed positive test result shall be
5125	5125	26 grounds for a hearing before the judge who authorized the
5126	5126
5127	5127
5128	5128
5129	5129
5130	5130
5131	5131	SB2134 - 143 - LRB104 03908 RLC 13932 b
5132	5132
5133	5133
5134	5134	SB2134- 144 -LRB104 03908 RLC 13932 b SB2134 - 144 - LRB104 03908 RLC 13932 b
5135	5135	SB2134 - 144 - LRB104 03908 RLC 13932 b
5136	5136	1 release of the defendant in accordance with the provisions
5137	5137	2 of subsection (g) of this Section.
5138	5138	3 (g) The court shall, upon motion of the State or upon its
5139	5139	4 own motion, conduct a hearing in connection with any defendant
5140	5140	5 who fails to appear for testing, fails to cooperate with the
5141	5141	6 persons conducting the testing program, attempts to submit a
5142	5142	7 sample not his or her own or has had a confirmed positive test
5143	5143	8 result indicative of continued drug use for the second or
5144	5144	9 subsequent time after the initial test. The hearing shall be
5145	5145	10 conducted in accordance with the procedures of Section 110-6.
5146	5146	11 Upon a finding by the court that the State has established
5147	5147	12 by clear and convincing evidence that the defendant has
5148	5148	13 violated the drug testing conditions of bail, the court may
5149	5149	14 consider any of the following sanctions:
5150	5150	15 (1) increase the amount of the defendant's bail or
5151	5151	16 conditions of release;
5152	5152	17 (2) impose a jail sentence of up to 5 days;
5153	5153	18 (3) revoke the defendant's bail; or
5154	5154	19 (4) enter such other orders which are within the power
5155	5155	20 of the court as deemed appropriate.
5156	5156	21 (h) The results of any drug testing conducted under this
5157	5157	22 Section shall not be admissible on the issue of the
5158	5158	23 defendant's guilt in connection with any criminal charge.
5159	5159	24 (i) The court may require that the defendant pay for the
5160	5160	25 cost of drug testing.
5161	5161
5162	5162
5163	5163
5164	5164
5165	5165
5166	5166	SB2134 - 144 - LRB104 03908 RLC 13932 b
5167	5167
5168	5168
5169	5169	SB2134- 145 -LRB104 03908 RLC 13932 b SB2134 - 145 - LRB104 03908 RLC 13932 b
5170	5170	SB2134 - 145 - LRB104 03908 RLC 13932 b
5171	5171	1 (725 ILCS 5/110-7.1 new)
5172	5172	2 Sec. 110-7.1. Deposit of bail security.
5173	5173	3 (a) The person for whom bail has been set shall execute the
5174	5174	4 bail bond and deposit with the clerk of the court before which
5175	5175	5 the proceeding is pending a sum of money equal to 10% of the
5176	5176	6 bail, but in no event shall such deposit be less than $25. The
5177	5177	7 clerk of the court shall provide a space on each form for a
5178	5178	8 person other than the accused who has provided the money for
5179	5179	9 the posting of bail to so indicate and a space signed by an
5180	5180	10 accused who has executed the bail bond indicating whether a
5181	5181	11 person other than the accused has provided the money for the
5182	5182	12 posting of bail. The form shall also include a written notice
5183	5183	13 to such person who has provided the defendant with the money
5184	5184	14 for the posting of bail indicating that the bail may be used to
5185	5185	15 pay costs, attorney's fees, fines, or other purposes
5186	5186	16 authorized by the court and if the defendant fails to comply
5187	5187	17 with the conditions of the bail bond, the court shall enter an
5188	5188	18 order declaring the bail to be forfeited. The written notice
5189	5189	19 must be: (1) distinguishable from the surrounding text; (2) in
5190	5190	20 bold type or underscored; and (3) in a type size at least 2
5191	5191	21 points larger than the surrounding type. When a person for
5192	5192	22 whom bail has been set is charged with an offense under the
5193	5193	23 Illinois Controlled Substances Act or the Methamphetamine
5194	5194	24 Control and Community Protection Act which is a Class X
5195	5195	25 felony, or making a terrorist threat in violation of Section
5196	5196	26 29D-20 of the Criminal Code of 1961 or the Criminal Code of
5197	5197
5198	5198
5199	5199
5200	5200
5201	5201
5202	5202	SB2134 - 145 - LRB104 03908 RLC 13932 b
5203	5203
5204	5204
5205	5205	SB2134- 146 -LRB104 03908 RLC 13932 b SB2134 - 146 - LRB104 03908 RLC 13932 b
5206	5206	SB2134 - 146 - LRB104 03908 RLC 13932 b
5207	5207	1 2012 or an attempt to commit the offense of making a terrorist
5208	5208	2 threat, the court may require the defendant to deposit a sum
5209	5209	3 equal to 100% of the bail. Where any person is charged with a
5210	5210	4 forcible felony while free on bail and is the subject of
5211	5211	5 proceedings under Section 109-3 of this Code the judge
5212	5212	6 conducting the preliminary examination may also conduct a
5213	5213	7 hearing upon the application of the State pursuant to the
5214	5214	8 provisions of Section 110-6 of this Code to increase or revoke
5215	5215	9 the bail for that person's prior alleged offense.
5216	5216	10 (b) Upon depositing this sum and any bond fee authorized
5217	5217	11 by law, the person shall be released from custody subject to
5218	5218	12 the conditions of the bail bond.
5219	5219	13 (c) Once bail has been given and a charge is pending or is
5220	5220	14 thereafter filed in or transferred to a court of competent
5221	5221	15 jurisdiction the latter court shall continue the original bail
5222	5222	16 in that court subject to the provisions of Section 110-6 of
5223	5223	17 this Code.
5224	5224	18 (d) After conviction the court may order that the original
5225	5225	19 bail stand as bail pending appeal or deny, increase or reduce
5226	5226	20 bail subject to the provisions of Section 110-6.2.
5227	5227	21 (e) After the entry of an order by the trial court allowing
5228	5228	22 or denying bail pending appeal either party may apply to the
5229	5229	23 reviewing court having jurisdiction or to a justice thereof
5230	5230	24 sitting in vacation for an order increasing or decreasing the
5231	5231	25 amount of bail or allowing or denying bail pending appeal
5232	5232	26 subject to the provisions of Section 110-6.2.
5233	5233
5234	5234
5235	5235
5236	5236
5237	5237
5238	5238	SB2134 - 146 - LRB104 03908 RLC 13932 b
5239	5239
5240	5240
5241	5241	SB2134- 147 -LRB104 03908 RLC 13932 b SB2134 - 147 - LRB104 03908 RLC 13932 b
5242	5242	SB2134 - 147 - LRB104 03908 RLC 13932 b
5243	5243	1 (f) When the conditions of the bail bond have been
5244	5244	2 performed and the accused has been discharged from all
5245	5245	3 obligations in the cause the clerk of the court shall return to
5246	5246	4 the accused or to the defendant's designee by an assignment
5247	5247	5 executed at the time the bail amount is deposited, unless the
5248	5248	6 court orders otherwise, 90% of the sum which had been
5249	5249	7 deposited and shall retain as bail bond costs 10% of the amount
5250	5250	8 deposited. However, in no event shall the amount retained by
5251	5251	9 the clerk as bail bond costs be less than $5. Notwithstanding
5252	5252	10 the foregoing, in counties with a population of 3,000,000 or
5253	5253	11 more, in no event shall the amount retained by the clerk as
5254	5254	12 bail bond costs exceed $100. Bail bond deposited by or on
5255	5255	13 behalf of a defendant in one case may be used, in the court's
5256	5256	14 discretion, to satisfy financial obligations of that same
5257	5257	15 defendant incurred in a different case due to a fine, court
5258	5258	16 costs, restitution or fees of the defendant's attorney of
5259	5259	17 record. In counties with a population of 3,000,000 or more,
5260	5260	18 the court shall not order bail bond deposited by or on behalf
5261	5261	19 of a defendant in one case to be used to satisfy financial
5262	5262	20 obligations of that same defendant in a different case until
5263	5263	21 the bail bond is first used to satisfy court costs and
5264	5264	22 attorney's fees in the case in which the bail bond has been
5265	5265	23 deposited and any other unpaid child support obligations are
5266	5266	24 satisfied. In counties with a population of less than
5267	5267	25 3,000,000, the court shall not order bail bond deposited by or
5268	5268	26 on behalf of a defendant in one case to be used to satisfy
5269	5269
5270	5270
5271	5271
5272	5272
5273	5273
5274	5274	SB2134 - 147 - LRB104 03908 RLC 13932 b
5275	5275
5276	5276
5277	5277	SB2134- 148 -LRB104 03908 RLC 13932 b SB2134 - 148 - LRB104 03908 RLC 13932 b
5278	5278	SB2134 - 148 - LRB104 03908 RLC 13932 b
5279	5279	1 financial obligations of that same defendant in a different
5280	5280	2 case until the bail bond is first used to satisfy court costs
5281	5281	3 in the case in which the bail bond has been deposited.
5282	5282	4 At the request of the defendant the court may order such
5283	5283	5 90% of defendant's bail deposit, or whatever amount is
5284	5284	6 repayable to defendant from such deposit, to be paid to
5285	5285	7 defendant's attorney of record.
5286	5286	8 (g) If the accused does not comply with the conditions of
5287	5287	9 the bail bond the court having jurisdiction shall enter an
5288	5288	10 order declaring the bail to be forfeited. Notice of such order
5289	5289	11 of forfeiture shall be mailed forthwith to the accused at his
5290	5290	12 last known address. If the accused does not appear and
5291	5291	13 surrender to the court having jurisdiction within 30 days from
5292	5292	14 the date of the forfeiture or within such period satisfy the
5293	5293	15 court that appearance and surrender by the accused is
5294	5294	16 impossible and without his fault the court shall enter
5295	5295	17 judgment for the State if the charge for which the bond was
5296	5296	18 given was a felony or misdemeanor, or if the charge was
5297	5297	19 quasi-criminal or traffic, judgment for the political
5298	5298	20 subdivision of the State which prosecuted the case, against
5299	5299	21 the accused for the amount of the bail and costs of the court
5300	5300	22 proceedings; however, in counties with a population of less
5301	5301	23 than 3,000,000, instead of the court entering a judgment for
5302	5302	24 the full amount of the bond the court may, in its discretion,
5303	5303	25 enter judgment for the cash deposit on the bond, less costs,
5304	5304	26 retain the deposit for further disposition or, if a cash bond
5305	5305
5306	5306
5307	5307
5308	5308
5309	5309
5310	5310	SB2134 - 148 - LRB104 03908 RLC 13932 b
5311	5311
5312	5312
5313	5313	SB2134- 149 -LRB104 03908 RLC 13932 b SB2134 - 149 - LRB104 03908 RLC 13932 b
5314	5314	SB2134 - 149 - LRB104 03908 RLC 13932 b
5315	5315	1 was posted for failure to appear in a matter involving
5316	5316	2 enforcement of child support or maintenance, the amount of the
5317	5317	3 cash deposit on the bond, less outstanding costs, may be
5318	5318	4 awarded to the person or entity to whom the child support or
5319	5319	5 maintenance is due. The deposit made in accordance with
5320	5320	6 paragraph (a) shall be applied to the payment of costs. If
5321	5321	7 judgment is entered and any amount of such deposit remains
5322	5322	8 after the payment of costs it shall be applied to payment of
5323	5323	9 the judgment and transferred to the treasury of the municipal
5324	5324	10 corporation wherein the bond was taken if the offense was a
5325	5325	11 violation of any penal ordinance of a political subdivision of
5326	5326	12 this State, or to the treasury of the county wherein the bond
5327	5327	13 was taken if the offense was a violation of any penal statute
5328	5328	14 of this State. The balance of the judgment may be enforced and
5329	5329	15 collected in the same manner as a judgment entered in a civil
5330	5330	16 action.
5331	5331	17 (h) After a judgment for a fine and court costs or either
5332	5332	18 is entered in the prosecution of a cause in which a deposit had
5333	5333	19 been made in accordance with paragraph (a) the balance of such
5334	5334	20 deposit, after deduction of bail bond costs, shall be applied
5335	5335	21 to the payment of the judgment.
5336	5336	22 (i) When a court appearance is required for an alleged
5337	5337	23 violation of the Criminal Code of 1961, the Criminal Code of
5338	5338	24 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
5339	5339	25 and Aquatic Life Code, the Child Passenger Protection Act, or
5340	5340	26 a comparable offense of a unit of local government as
5341	5341
5342	5342
5343	5343
5344	5344
5345	5345
5346	5346	SB2134 - 149 - LRB104 03908 RLC 13932 b
5347	5347
5348	5348
5349	5349	SB2134- 150 -LRB104 03908 RLC 13932 b SB2134 - 150 - LRB104 03908 RLC 13932 b
5350	5350	SB2134 - 150 - LRB104 03908 RLC 13932 b
5351	5351	1 specified in Supreme Court Rule 551, and if the accused does
5352	5352	2 not appear in court on the date set for appearance or any date
5353	5353	3 to which the case may be continued and the court issues an
5354	5354	4 arrest warrant for the accused, based upon his or her failure
5355	5355	5 to appear when having so previously been ordered to appear by
5356	5356	6 the court, the accused upon his or her admission to bail shall
5357	5357	7 be assessed by the court a fee of $75. Payment of the fee shall
5358	5358	8 be a condition of release unless otherwise ordered by the
5359	5359	9 court. The fee shall be in addition to any bail that the
5360	5360	10 accused is required to deposit for the offense for which the
5361	5361	11 accused has been charged and may not be used for the payment of
5362	5362	12 court costs or fines assessed for the offense. The clerk of the
5363	5363	13 court shall remit $70 of the fee assessed to the arresting
5364	5364	14 agency who brings the offender in on the arrest warrant. If the
5365	5365	15 Department of State Police is the arresting agency, $70 of the
5366	5366	16 fee assessed shall be remitted by the clerk of the court to the
5367	5367	17 State Treasurer within one month after receipt for deposit
5368	5368	18 into the State Police Operations Assistance Fund. The clerk of
5369	5369	19 the court shall remit $5 of the fee assessed to the Circuit
5370	5370	20 Court Clerk Operation and Administrative Fund as provided in
5371	5371	21 Section 27.3d of the Clerks of Courts Act.
5372	5372	22 (725 ILCS 5/110-8.1 new)
5373	5373	23 Sec. 110-8.1. Cash, stocks, bonds and real estate as
5374	5374	24 security for bail.
5375	5375	25 (a) In lieu of the bail deposit provided for in Section
5376	5376
5377	5377
5378	5378
5379	5379
5380	5380
5381	5381	SB2134 - 150 - LRB104 03908 RLC 13932 b
5382	5382
5383	5383
5384	5384	SB2134- 151 -LRB104 03908 RLC 13932 b SB2134 - 151 - LRB104 03908 RLC 13932 b
5385	5385	SB2134 - 151 - LRB104 03908 RLC 13932 b
5386	5386	1 110-7.1 of this Code any person for whom bail has been set may
5387	5387	2 execute the bail bond with or without sureties which bond may
5388	5388	3 be secured:
5389	5389	4 (1) By a deposit, with the clerk of the court, of an
5390	5390	5 amount equal to the required bail, of cash, or stocks and
5391	5391	6 bonds in which trustees are authorized to invest trust
5392	5392	7 funds under the laws of this State; or
5393	5393	8 (2) By real estate situated in this State with
5394	5394	9 unencumbered equity not exempt owned by the accused or
5395	5395	10 sureties worth double the amount of bail set in the bond.
5396	5396	11 (b) If the bail bond is secured by stocks and bonds the
5397	5397	12 accused or sureties shall file with the bond a sworn schedule
5398	5398	13 which shall be approved by the court and shall contain:
5399	5399	14 (1) A list of the stocks and bonds deposited
5400	5400	15 describing each in sufficient detail that it may be
5401	5401	16 identified;
5402	5402	17 (2) The market value of each stock and bond;
5403	5403	18 (3) The total market value of the stocks and bonds
5404	5404	19 listed;
5405	5405	20 (4) A statement that the affiant is the sole owner of
5406	5406	21 the stocks and bonds listed and they are not exempt from
5407	5407	22 the enforcement of a judgment thereon;
5408	5408	23 (5) A statement that such stocks and bonds have not
5409	5409	24 previously been used or accepted as bail in this State
5410	5410	25 during the 12 months preceding the date of the bail bond;
5411	5411	26 and
5412	5412
5413	5413
5414	5414
5415	5415
5416	5416
5417	5417	SB2134 - 151 - LRB104 03908 RLC 13932 b
5418	5418
5419	5419
5420	5420	SB2134- 152 -LRB104 03908 RLC 13932 b SB2134 - 152 - LRB104 03908 RLC 13932 b
5421	5421	SB2134 - 152 - LRB104 03908 RLC 13932 b
5422	5422	1 (6) A statement that such stocks and bonds are
5423	5423	2 security for the appearance of the accused in accordance
5424	5424	3 with the conditions of the bail bond.
5425	5425	4 (c) If the bail bond is secured by real estate the accused
5426	5426	5 or sureties shall file with the bond a sworn schedule which
5427	5427	6 shall contain:
5428	5428	7 (1) A legal description of the real estate;
5429	5429	8 (2) A description of any and all encumbrances on the
5430	5430	9 real estate including the amount of each and the holder
5431	5431	10 thereof;
5432	5432	11 (3) The market value of the unencumbered equity owned
5433	5433	12 by the affiant;
5434	5434	13 (4) A statement that the affiant is the sole owner of
5435	5435	14 such unencumbered equity and that it is not exempt from
5436	5436	15 the enforcement of a judgment thereon;
5437	5437	16 (5) A statement that the real estate has not
5438	5438	17 previously been used or accepted as bail in this State
5439	5439	18 during the 12 months preceding the date of the bail bond;
5440	5440	19 and
5441	5441	20 (6) A statement that the real estate is security for
5442	5442	21 the appearance of the accused in accordance with the
5443	5443	22 conditions of the bail bond.
5444	5444	23 (d) The sworn schedule shall constitute a material part of
5445	5445	24 the bail bond. The affiant commits perjury if in the sworn
5446	5446	25 schedule he makes a false statement which he does not believe
5447	5447	26 to be true. He shall be prosecuted and punished accordingly,
5448	5448
5449	5449
5450	5450
5451	5451
5452	5452
5453	5453	SB2134 - 152 - LRB104 03908 RLC 13932 b
5454	5454
5455	5455
5456	5456	SB2134- 153 -LRB104 03908 RLC 13932 b SB2134 - 153 - LRB104 03908 RLC 13932 b
5457	5457	SB2134 - 153 - LRB104 03908 RLC 13932 b
5458	5458	1 or, he may be punished for contempt.
5459	5459	2 (e) A certified copy of the bail bond and schedule of real
5460	5460	3 estate shall be filed immediately in the office of the
5461	5461	4 registrar of titles or recorder of the county in which the real
5462	5462	5 estate is situated and the State shall have a lien on such real
5463	5463	6 estate from the time such copies are filed in the office of the
5464	5464	7 registrar of titles or recorder. The registrar of titles or
5465	5465	8 recorder shall enter, index and record (or register as the
5466	5466	9 case may be) such bail bonds and schedules without requiring
5467	5467	10 any advance fee, which fee shall be taxed as costs in the
5468	5468	11 proceeding and paid out of such costs when collected.
5469	5469	12 (f) When the conditions of the bail bond have been
5470	5470	13 performed and the accused has been discharged from his
5471	5471	14 obligations in the cause, the clerk of the court shall return
5472	5472	15 to him or his sureties the deposit of any cash, stocks or
5473	5473	16 bonds. If the bail bond has been secured by real estate the
5474	5474	17 clerk of the court shall forthwith notify in writing the
5475	5475	18 registrar of titles or recorder and the lien of the bail bond
5476	5476	19 on the real estate shall be discharged.
5477	5477	20 (g) If the accused does not comply with the conditions of
5478	5478	21 the bail bond the court having jurisdiction shall enter an
5479	5479	22 order declaring the bail to be forfeited. Notice of such order
5480	5480	23 of forfeiture shall be mailed forthwith by the clerk of the
5481	5481	24 court to the accused and his sureties at their last known
5482	5482	25 address. If the accused does not appear and surrender to the
5483	5483	26 court having jurisdiction within 30 days from the date of the
5484	5484
5485	5485
5486	5486
5487	5487
5488	5488
5489	5489	SB2134 - 153 - LRB104 03908 RLC 13932 b
5490	5490
5491	5491
5492	5492	SB2134- 154 -LRB104 03908 RLC 13932 b SB2134 - 154 - LRB104 03908 RLC 13932 b
5493	5493	SB2134 - 154 - LRB104 03908 RLC 13932 b
5494	5494	1 forfeiture or within such period satisfy the court that
5495	5495	2 appearance and surrender by the accused is impossible and
5496	5496	3 without his fault the court shall enter judgment for the State
5497	5497	4 against the accused and his sureties for the amount of the bail
5498	5498	5 and costs of the proceedings; however, in counties with a
5499	5499	6 population of less than 3,000,000, if the defendant has posted
5500	5500	7 a cash bond, instead of the court entering a judgment for the
5501	5501	8 full amount of the bond the court may, in its discretion, enter
5502	5502	9 judgment for the cash deposit on the bond, less costs, retain
5503	5503	10 the deposit for further disposition or, if a cash bond was
5504	5504	11 posted for failure to appear in a matter involving enforcement
5505	5505	12 of child support or maintenance, the amount of the cash
5506	5506	13 deposit on the bond, less outstanding costs, may be awarded to
5507	5507	14 the person or entity to whom the child support or maintenance
5508	5508	15 is due.
5509	5509	16 (h) When judgment is entered in favor of the State on any
5510	5510	17 bail bond given for a felony or misdemeanor, or judgment for a
5511	5511	18 political subdivision of the state on any bail bond given for a
5512	5512	19 quasi-criminal or traffic offense, the State's Attorney or
5513	5513	20 political subdivision's attorney shall forthwith obtain a
5514	5514	21 certified copy of the judgment and deliver same to the sheriff
5515	5515	22 to be enforced by levy on the stocks or bonds deposited with
5516	5516	23 the clerk of the court and the real estate described in the
5517	5517	24 bail bond schedule. Any cash forfeited under subsection (g) of
5518	5518	25 this Section shall be used to satisfy the judgment and costs
5519	5519	26 and, without necessity of levy, ordered paid into the treasury
5520	5520
5521	5521
5522	5522
5523	5523
5524	5524
5525	5525	SB2134 - 154 - LRB104 03908 RLC 13932 b
5526	5526
5527	5527
5528	5528	SB2134- 155 -LRB104 03908 RLC 13932 b SB2134 - 155 - LRB104 03908 RLC 13932 b
5529	5529	SB2134 - 155 - LRB104 03908 RLC 13932 b
5530	5530	1 of the municipal corporation wherein the bail bond was taken
5531	5531	2 if the offense was a violation of any penal ordinance of a
5532	5532	3 political subdivision of this State, or into the treasury of
5533	5533	4 the county wherein the bail bond was taken if the offense was a
5534	5534	5 violation of any penal statute of this State, or to the person
5535	5535	6 or entity to whom child support or maintenance is owed if the
5536	5536	7 bond was taken for failure to appear in a matter involving
5537	5537	8 child support or maintenance. The stocks, bonds and real
5538	5538	9 estate shall be sold in the same manner as in sales for the
5539	5539	10 enforcement of a judgment in civil actions and the proceeds of
5540	5540	11 such sale shall be used to satisfy all court costs, prior
5541	5541	12 encumbrances, if any, and from the balance a sufficient amount
5542	5542	13 to satisfy the judgment shall be paid into the treasury of the
5543	5543	14 municipal corporation wherein the bail bond was taken if the
5544	5544	15 offense was a violation of any penal ordinance of a political
5545	5545	16 subdivision of this State, or into the treasury of the county
5546	5546	17 wherein the bail bond was taken if the offense was a violation
5547	5547	18 of any penal statute of this State. The balance shall be
5548	5548	19 returned to the owner. The real estate so sold may be redeemed
5549	5549	20 in the same manner as real estate may be redeemed after
5550	5550	21 judicial sales or sales for the enforcement of judgments in
5551	5551	22 civil actions.
5552	5552	23 (i) No stocks, bonds or real estate may be used or accepted
5553	5553	24 as bail bond security in this State more than once in any 12
5554	5554	25 month period.
5555	5555
5556	5556
5557	5557
5558	5558
5559	5559
5560	5560	SB2134 - 155 - LRB104 03908 RLC 13932 b
5561	5561
5562	5562
5563	5563	SB2134- 156 -LRB104 03908 RLC 13932 b SB2134 - 156 - LRB104 03908 RLC 13932 b
5564	5564	SB2134 - 156 - LRB104 03908 RLC 13932 b
5565	5565	1 (725 ILCS 5/110-9.1 new)
5566	5566	2 Sec. 110-9.1. Taking of bail by peace officer. When bail
5567	5567	3 has been set by a judicial officer for a particular offense or
5568	5568	4 offender any sheriff or other peace officer may take bail in
5569	5569	5 accordance with the provisions of Section 110-7.1 or 110-8.1
5570	5570	6 of this Code and release the offender to appear in accordance
5571	5571	7 with the conditions of the bail bond, the Notice to Appear or
5572	5572	8 the Summons. The officer shall give a receipt to the offender
5573	5573	9 for the bail so taken and within a reasonable time deposit such
5574	5574	10 bail with the clerk of the court having jurisdiction of the
5575	5575	11 offense. A sheriff or other peace officer taking bail in
5576	5576	12 accordance with the provisions of Section 110-7.1 or 110-8.1
5577	5577	13 of this Code shall accept payments made in the form of
5578	5578	14 currency, and may accept other forms of payment as the sheriff
5579	5579	15 shall by rule authorize. For purposes of this Section,
5580	5580	16 "currency" has the meaning provided in subsection (a) of
5581	5581	17 Section 3 of the Currency Reporting Act.
5582	5582	18 (725 ILCS 5/110-13.1 new)
5583	5583	19 Sec. 110-13.1. Persons prohibited from furnishing bail
5584	5584	20 security. No attorney at law practicing in this State and no
5585	5585	21 official authorized to admit another to bail or to accept bail
5586	5586	22 shall furnish any part of any security for bail in any criminal
5587	5587	23 action or any proceeding nor shall any such person act as
5588	5588	24 surety for any accused admitted to bail.
5589	5589
5590	5590
5591	5591
5592	5592
5593	5593
5594	5594	SB2134 - 156 - LRB104 03908 RLC 13932 b
5595	5595
5596	5596
5597	5597	SB2134- 157 -LRB104 03908 RLC 13932 b SB2134 - 157 - LRB104 03908 RLC 13932 b
5598	5598	SB2134 - 157 - LRB104 03908 RLC 13932 b
5599	5599	1 (725 ILCS 5/110-14.1 new)
5600	5600	2 Sec. 110-14.1. Credit for incarceration on bailable
5601	5601	3 offense; credit against monetary bail for certain offenses.
5602	5602	4 (a) Any person incarcerated on a bailable offense who does
5603	5603	5 not supply bail and against whom a fine is levied on conviction
5604	5604	6 of the offense shall be allowed a credit of $30 for each day so
5605	5605	7 incarcerated upon application of the defendant. However, in no
5606	5606	8 case shall the amount so allowed or credited exceed the amount
5607	5607	9 of the fine.
5608	5608	10 (b) Subsection (a) does not apply to a person incarcerated
5609	5609	11 for sexual assault as defined in paragraph (1) of subsection
5610	5610	12 (a) of Section 5-9-1.7 of the Unified Code of Corrections.
5611	5611	13 (c) A person subject to bail on a Category B offense,
5612	5612	14 before January 1, 2023, shall have $30 deducted from his or her
5613	5613	15 10% cash bond amount every day the person is incarcerated. The
5614	5614	16 sheriff shall calculate and apply this $30 per day reduction
5615	5615	17 and send notice to the circuit clerk if a defendant's 10% cash
5616	5616	18 bond amount is reduced to $0, at which point the defendant
5617	5617	19 shall be released upon his or her own recognizance.
5618	5618	20 (d) The court may deny the incarceration credit in
5619	5619	21 subsection (c) of this Section if the person has failed to
5620	5620	22 appear as required before the court and is incarcerated based
5621	5621	23 on a warrant for failure to appear on the same original
5622	5622	24 criminal offense.
5623	5623	25 (725 ILCS 5/110-15.1 new)
5624	5624
5625	5625
5626	5626
5627	5627
5628	5628
5629	5629	SB2134 - 157 - LRB104 03908 RLC 13932 b
5630	5630
5631	5631
5632	5632	SB2134- 158 -LRB104 03908 RLC 13932 b SB2134 - 158 - LRB104 03908 RLC 13932 b
5633	5633	SB2134 - 158 - LRB104 03908 RLC 13932 b
5634	5634	1 Sec. 110-15.1. Applicability of provisions for giving and
5635	5635	2 taking bail. The provisions of Sections 110-7.1 and 110-8.1 of
5636	5636	3 this Code are exclusive of other provisions of law for the
5637	5637	4 giving, taking, or enforcement of bail. In all cases where a
5638	5638	5 person is admitted to bail the provisions of Sections 110-7.1
5639	5639	6 and 110-8.1 of this Code shall be applicable.
5640	5640	7 However, the Supreme Court may, by rule or order,
5641	5641	8 prescribe a uniform schedule of amounts of bail in all but
5642	5642	9 felony offenses. The uniform schedule shall not require a
5643	5643	10 person cited for violating the Illinois Vehicle Code or a
5644	5644	11 similar provision of a local ordinance for which a violation
5645	5645	12 is a petty offense as defined by Section 5-1-17 of the Unified
5646	5646	13 Code of Corrections, excluding business offenses as defined by
5647	5647	14 Section 5-1-2 of the Unified Code of Corrections or a
5648	5648	15 violation of Section 15-111 or subsection (d) of Section 3-401
5649	5649	16 of the Illinois Vehicle Code, to post bond to secure bail for
5650	5650	17 his or her release. Such uniform schedule may provide that the
5651	5651	18 cash deposit provisions of Section 110-7.1 shall not apply to
5652	5652	19 bail amounts established for alleged violations punishable by
5653	5653	20 fine alone, and the schedule may further provide that in
5654	5654	21 specified traffic cases a valid Illinois chauffeur's or
5655	5655	22 operator's license must be deposited, in addition to 10% of
5656	5656	23 the amount of the bail specified in the schedule.
5657	5657	24 (725 ILCS 5/110-16.1 new)
5658	5658	25 Sec. 110-16.1. Bail bond-forfeiture in same case or
5659	5659
5660	5660
5661	5661
5662	5662
5663	5663
5664	5664	SB2134 - 158 - LRB104 03908 RLC 13932 b
5665	5665
5666	5666
5667	5667	SB2134- 159 -LRB104 03908 RLC 13932 b SB2134 - 159 - LRB104 03908 RLC 13932 b
5668	5668	SB2134 - 159 - LRB104 03908 RLC 13932 b
5669	5669	1 absents self during trial-not bailable. If a person admitted
5670	5670	2 to bail on a felony charge forfeits his bond and fails to
5671	5671	3 appear in court during the 30 days immediately after such
5672	5672	4 forfeiture, on being taken into custody thereafter he shall
5673	5673	5 not be bailable in the case in question, unless the court finds
5674	5674	6 that his absence was not for the purpose of obstructing
5675	5675	7 justice or avoiding prosecution.
5676	5676	8 (725 ILCS 5/110-17.1 new)
5677	5677	9 Sec. 110-17.1. Unclaimed bail deposits. Any sum of money
5678	5678	10 deposited by any person to secure his or her release from
5679	5679	11 custody which remains unclaimed by the person entitled to its
5680	5680	12 return for 3 years after the conditions of the bail bond have
5681	5681	13 been performed and the accused has been discharged from all
5682	5682	14 obligations in the cause shall be presumed to be abandoned and
5683	5683	15 subject to disposition under the Revised Uniform Unclaimed
5684	5684	16 Property Act.
5685	5685	17 (725 ILCS 5/110-18.1 new)
5686	5686	18 Sec. 110-18.1. Reimbursement. The sheriff of each county
5687	5687	19 shall certify to the treasurer of each county the number of
5688	5688	20 days that persons had been detained in the custody of the
5689	5689	21 sheriff without a bond being set as a result of an order
5690	5690	22 entered pursuant to Section 110-6.1 of this Code. The county
5691	5691	23 treasurer shall, no later than January 1, annually certify to
5692	5692	24 the Supreme Court the number of days that persons had been
5693	5693
5694	5694
5695	5695
5696	5696
5697	5697
5698	5698	SB2134 - 159 - LRB104 03908 RLC 13932 b
5699	5699
5700	5700
5701	5701	SB2134- 160 -LRB104 03908 RLC 13932 b SB2134 - 160 - LRB104 03908 RLC 13932 b
5702	5702	SB2134 - 160 - LRB104 03908 RLC 13932 b
5703	5703	1 detained without bond during the 12-month period ending
5704	5704	2 November 30. The Supreme Court shall reimburse, from funds
5705	5705	3 appropriated to it by the General Assembly for such purposes,
5706	5706	4 the treasurer of each county an amount of money for deposit in
5707	5707	5 the county general revenue fund at a rate of $50 per day for
5708	5708	6 each day that persons were detained in custody without bail as
5709	5709	7 a result of an order entered pursuant to Section 110-6.1 of
5710	5710	8 this Code.
5711	5711	9 Section 99. Effective date. This Act takes effect upon
5712	5712	10 becoming law.
5713	5713	SB2134- 161 -LRB104 03908 RLC 13932 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 70/1.434 725 ILCS 5/102-6from Ch. 38, par. 102-65 725 ILCS 5/102-7from Ch. 38, par. 102-76 725 ILCS 5/103-5from Ch. 38, par. 103-57 725 ILCS 5/103-7from Ch. 38, par. 103-78 725 ILCS 5/103-9from Ch. 38, par. 103-99 725 ILCS 5/104-13from Ch. 38, par. 104-1310 725 ILCS 5/104-17from Ch. 38, par. 104-1711 725 ILCS 5/106D-112 725 ILCS 5/107-4from Ch. 38, par. 107-413 725 ILCS 5/107-9from Ch. 38, par. 107-914 725 ILCS 5/107-11from Ch. 38, par. 107-1115 725 ILCS 5/109-1from Ch. 38, par. 109-116 725 ILCS 5/109-2from Ch. 38, par. 109-217 725 ILCS 5/109-3from Ch. 38, par. 109-318 725 ILCS 5/109-3.1from Ch. 38, par. 109-3.119 725 ILCS 5/Art. 110 20 heading21 725 ILCS 5/110-1from Ch. 38, par. 110-122 725 ILCS 5/110-2from Ch. 38, par. 110-223 725 ILCS 5/110-3.1 new24 725 ILCS 5/110-5from Ch. 38, par. 110-525 725 ILCS 5/110-5.2 SB2134- 162 -LRB104 03908 RLC 13932 b 1 725 ILCS 5/110-62 725 ILCS 5/110-6.1from Ch. 38, par. 110-6.13 725 ILCS 5/110-6.2from Ch. 38, par. 110-6.24 725 ILCS 5/110-6.45 725 ILCS 5/110-10from Ch. 38, par. 110-106 725 ILCS 5/110-11from Ch. 38, par. 110-117 725 ILCS 5/110-12from Ch. 38, par. 110-128 725 ILCS 5/111-2from Ch. 38, par. 111-29 725 ILCS 5/112A-23from Ch. 38, par. 112A-2310 725 ILCS 5/113-3.1from Ch. 38, par. 113-3.111 725 ILCS 5/114-1from Ch. 38, par. 114-112 725 ILCS 5/115-4.1from Ch. 38, par. 115-4.113 725 ILCS 5/122-6from Ch. 38, par. 122-614 725 ILCS 5/102-10.5 rep.15 725 ILCS 5/102-14.5 rep.16 725 ILCS 5/110-1.5 rep.17 725 ILCS 5/110-6.6 rep.18 725 ILCS 5/110-7.5 rep.19 725 ILCS 5/103-2from Ch. 38, par. 103-220 725 ILCS 5/108-8from Ch. 38, par. 108-821 725 ILCS 5/103-3.1 new22 725 ILCS 5/110-4.1 new23 725 ILCS 5/110-6.3-1 new24 725 ILCS 5/110-6.5-1 new25 725 ILCS 5/110-7.1 new26 725 ILCS 5/110-8.1 new SB2134- 163 -LRB104 03908 RLC 13932 b SB2134- 161 -LRB104 03908 RLC 13932 b SB2134 - 161 - LRB104 03908 RLC 13932 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 70/1.43 4 725 ILCS 5/102-6 from Ch. 38, par. 102-6 5 725 ILCS 5/102-7 from Ch. 38, par. 102-7 6 725 ILCS 5/103-5 from Ch. 38, par. 103-5 7 725 ILCS 5/103-7 from Ch. 38, par. 103-7 8 725 ILCS 5/103-9 from Ch. 38, par. 103-9 9 725 ILCS 5/104-13 from Ch. 38, par. 104-13 10 725 ILCS 5/104-17 from Ch. 38, par. 104-17 11 725 ILCS 5/106D-1 12 725 ILCS 5/107-4 from Ch. 38, par. 107-4 13 725 ILCS 5/107-9 from Ch. 38, par. 107-9 14 725 ILCS 5/107-11 from Ch. 38, par. 107-11 15 725 ILCS 5/109-1 from Ch. 38, par. 109-1 16 725 ILCS 5/109-2 from Ch. 38, par. 109-2 17 725 ILCS 5/109-3 from Ch. 38, par. 109-3 18 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1 19 725 ILCS 5/Art. 110 20 heading 21 725 ILCS 5/110-1 from Ch. 38, par. 110-1 22 725 ILCS 5/110-2 from Ch. 38, par. 110-2 23 725 ILCS 5/110-3.1 new 24 725 ILCS 5/110-5 from Ch. 38, par. 110-5 25 725 ILCS 5/110-5.2 SB2134- 162 -LRB104 03908 RLC 13932 b SB2134 - 162 - LRB104 03908 RLC 13932 b 1 725 ILCS 5/110-6 2 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 3 725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2 4 725 ILCS 5/110-6.4 5 725 ILCS 5/110-10 from Ch. 38, par. 110-10 6 725 ILCS 5/110-11 from Ch. 38, par. 110-11 7 725 ILCS 5/110-12 from Ch. 38, par. 110-12 8 725 ILCS 5/111-2 from Ch. 38, par. 111-2 9 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 10 725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1 11 725 ILCS 5/114-1 from Ch. 38, par. 114-1 12 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1 13 725 ILCS 5/122-6 from Ch. 38, par. 122-6 14 725 ILCS 5/102-10.5 rep. 15 725 ILCS 5/102-14.5 rep. 16 725 ILCS 5/110-1.5 rep. 17 725 ILCS 5/110-6.6 rep. 18 725 ILCS 5/110-7.5 rep. 19 725 ILCS 5/103-2 from Ch. 38, par. 103-2 20 725 ILCS 5/108-8 from Ch. 38, par. 108-8 21 725 ILCS 5/103-3.1 new 22 725 ILCS 5/110-4.1 new 23 725 ILCS 5/110-6.3-1 new 24 725 ILCS 5/110-6.5-1 new 25 725 ILCS 5/110-7.1 new 26 725 ILCS 5/110-8.1 new SB2134- 163 -LRB104 03908 RLC 13932 b SB2134 - 163 - LRB104 03908 RLC 13932 b
5714	5714	SB2134- 161 -LRB104 03908 RLC 13932 b SB2134 - 161 - LRB104 03908 RLC 13932 b
5715	5715	SB2134 - 161 - LRB104 03908 RLC 13932 b
5716	5716	1 INDEX
5717	5717	2 Statutes amended in order of appearance
5718	5718	3 5 ILCS 70/1.43
5719	5719	4 725 ILCS 5/102-6 from Ch. 38, par. 102-6
5720	5720	5 725 ILCS 5/102-7 from Ch. 38, par. 102-7
5721	5721	6 725 ILCS 5/103-5 from Ch. 38, par. 103-5
5722	5722	7 725 ILCS 5/103-7 from Ch. 38, par. 103-7
5723	5723	8 725 ILCS 5/103-9 from Ch. 38, par. 103-9
5724	5724	9 725 ILCS 5/104-13 from Ch. 38, par. 104-13
5725	5725	10 725 ILCS 5/104-17 from Ch. 38, par. 104-17
5726	5726	11 725 ILCS 5/106D-1
5727	5727	12 725 ILCS 5/107-4 from Ch. 38, par. 107-4
5728	5728	13 725 ILCS 5/107-9 from Ch. 38, par. 107-9
5729	5729	14 725 ILCS 5/107-11 from Ch. 38, par. 107-11
5730	5730	15 725 ILCS 5/109-1 from Ch. 38, par. 109-1
5731	5731	16 725 ILCS 5/109-2 from Ch. 38, par. 109-2
5732	5732	17 725 ILCS 5/109-3 from Ch. 38, par. 109-3
5733	5733	18 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1
5734	5734	19 725 ILCS 5/Art. 110
5735	5735	20 heading
5736	5736	21 725 ILCS 5/110-1 from Ch. 38, par. 110-1
5737	5737	22 725 ILCS 5/110-2 from Ch. 38, par. 110-2
5738	5738	23 725 ILCS 5/110-3.1 new
5739	5739	24 725 ILCS 5/110-5 from Ch. 38, par. 110-5
5740	5740	25 725 ILCS 5/110-5.2
5741	5741	SB2134- 162 -LRB104 03908 RLC 13932 b SB2134 - 162 - LRB104 03908 RLC 13932 b
5742	5742	SB2134 - 162 - LRB104 03908 RLC 13932 b
5743	5743	1 725 ILCS 5/110-6
5744	5744	2 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
5745	5745	3 725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
5746	5746	4 725 ILCS 5/110-6.4
5747	5747	5 725 ILCS 5/110-10 from Ch. 38, par. 110-10
5748	5748	6 725 ILCS 5/110-11 from Ch. 38, par. 110-11
5749	5749	7 725 ILCS 5/110-12 from Ch. 38, par. 110-12
5750	5750	8 725 ILCS 5/111-2 from Ch. 38, par. 111-2
5751	5751	9 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
5752	5752	10 725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
5753	5753	11 725 ILCS 5/114-1 from Ch. 38, par. 114-1
5754	5754	12 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
5755	5755	13 725 ILCS 5/122-6 from Ch. 38, par. 122-6
5756	5756	14 725 ILCS 5/102-10.5 rep.
5757	5757	15 725 ILCS 5/102-14.5 rep.
5758	5758	16 725 ILCS 5/110-1.5 rep.
5759	5759	17 725 ILCS 5/110-6.6 rep.
5760	5760	18 725 ILCS 5/110-7.5 rep.
5761	5761	19 725 ILCS 5/103-2 from Ch. 38, par. 103-2
5762	5762	20 725 ILCS 5/108-8 from Ch. 38, par. 108-8
5763	5763	21 725 ILCS 5/103-3.1 new
5764	5764	22 725 ILCS 5/110-4.1 new
5765	5765	23 725 ILCS 5/110-6.3-1 new
5766	5766	24 725 ILCS 5/110-6.5-1 new
5767	5767	25 725 ILCS 5/110-7.1 new
5768	5768	26 725 ILCS 5/110-8.1 new
5769	5769	SB2134- 163 -LRB104 03908 RLC 13932 b SB2134 - 163 - LRB104 03908 RLC 13932 b
5770	5770	SB2134 - 163 - LRB104 03908 RLC 13932 b
5771	5771
5772	5772
5773	5773
5774	5774
5775	5775
5776	5776	SB2134 - 160 - LRB104 03908 RLC 13932 b
5777	5777
5778	5778
5779	5779
5780	5780	SB2134- 161 -LRB104 03908 RLC 13932 b SB2134 - 161 - LRB104 03908 RLC 13932 b
5781	5781	SB2134 - 161 - LRB104 03908 RLC 13932 b
5782	5782	1 INDEX
5783	5783	2 Statutes amended in order of appearance
5784	5784	3 5 ILCS 70/1.43
5785	5785	4 725 ILCS 5/102-6 from Ch. 38, par. 102-6
5786	5786	5 725 ILCS 5/102-7 from Ch. 38, par. 102-7
5787	5787	6 725 ILCS 5/103-5 from Ch. 38, par. 103-5
5788	5788	7 725 ILCS 5/103-7 from Ch. 38, par. 103-7
5789	5789	8 725 ILCS 5/103-9 from Ch. 38, par. 103-9
5790	5790	9 725 ILCS 5/104-13 from Ch. 38, par. 104-13
5791	5791	10 725 ILCS 5/104-17 from Ch. 38, par. 104-17
5792	5792	11 725 ILCS 5/106D-1
5793	5793	12 725 ILCS 5/107-4 from Ch. 38, par. 107-4
5794	5794	13 725 ILCS 5/107-9 from Ch. 38, par. 107-9
5795	5795	14 725 ILCS 5/107-11 from Ch. 38, par. 107-11
5796	5796	15 725 ILCS 5/109-1 from Ch. 38, par. 109-1
5797	5797	16 725 ILCS 5/109-2 from Ch. 38, par. 109-2
5798	5798	17 725 ILCS 5/109-3 from Ch. 38, par. 109-3
5799	5799	18 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1
5800	5800	19 725 ILCS 5/Art. 110
5801	5801	20 heading
5802	5802	21 725 ILCS 5/110-1 from Ch. 38, par. 110-1
5803	5803	22 725 ILCS 5/110-2 from Ch. 38, par. 110-2
5804	5804	23 725 ILCS 5/110-3.1 new
5805	5805	24 725 ILCS 5/110-5 from Ch. 38, par. 110-5
5806	5806	25 725 ILCS 5/110-5.2
5807	5807
5808	5808
5809	5809
5810	5810
5811	5811
5812	5812	SB2134 - 161 - LRB104 03908 RLC 13932 b
5813	5813
5814	5814
5815	5815	SB2134- 162 -LRB104 03908 RLC 13932 b SB2134 - 162 - LRB104 03908 RLC 13932 b
5816	5816	SB2134 - 162 - LRB104 03908 RLC 13932 b
5817	5817	1 725 ILCS 5/110-6
5818	5818	2 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
5819	5819	3 725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
5820	5820	4 725 ILCS 5/110-6.4
5821	5821	5 725 ILCS 5/110-10 from Ch. 38, par. 110-10
5822	5822	6 725 ILCS 5/110-11 from Ch. 38, par. 110-11
5823	5823	7 725 ILCS 5/110-12 from Ch. 38, par. 110-12
5824	5824	8 725 ILCS 5/111-2 from Ch. 38, par. 111-2
5825	5825	9 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
5826	5826	10 725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
5827	5827	11 725 ILCS 5/114-1 from Ch. 38, par. 114-1
5828	5828	12 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
5829	5829	13 725 ILCS 5/122-6 from Ch. 38, par. 122-6
5830	5830	14 725 ILCS 5/102-10.5 rep.
5831	5831	15 725 ILCS 5/102-14.5 rep.
5832	5832	16 725 ILCS 5/110-1.5 rep.
5833	5833	17 725 ILCS 5/110-6.6 rep.
5834	5834	18 725 ILCS 5/110-7.5 rep.
5835	5835	19 725 ILCS 5/103-2 from Ch. 38, par. 103-2
5836	5836	20 725 ILCS 5/108-8 from Ch. 38, par. 108-8
5837	5837	21 725 ILCS 5/103-3.1 new
5838	5838	22 725 ILCS 5/110-4.1 new
5839	5839	23 725 ILCS 5/110-6.3-1 new
5840	5840	24 725 ILCS 5/110-6.5-1 new
5841	5841	25 725 ILCS 5/110-7.1 new
5842	5842	26 725 ILCS 5/110-8.1 new
5843	5843
5844	5844
5845	5845
5846	5846
5847	5847
5848	5848	SB2134 - 162 - LRB104 03908 RLC 13932 b
5849	5849
5850	5850
5851	5851	SB2134- 163 -LRB104 03908 RLC 13932 b SB2134 - 163 - LRB104 03908 RLC 13932 b
5852	5852	SB2134 - 163 - LRB104 03908 RLC 13932 b
5853	5853
5854	5854
5855	5855
5856	5856
5857	5857
5858	5858	SB2134 - 163 - LRB104 03908 RLC 13932 b