SB1980 Engrossed LRB100 11410 SLF 21823 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Code of Criminal Procedure of 1963 is
5		amended by changing Sections 110-4 and 110-10 as follows:
6		(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
7		Sec. 110-4. Bailable Offenses.
8		(a) All persons shall be bailable before conviction, except
9		the following offenses where the proof is evident or the
10		presumption great that the defendant is guilty of the offense:
11		(1) capital offenses;
12		(2) offenses for which a sentence of life imprisonment
13		may be imposed as a consequence of conviction;
14		(3) felony offenses for which a sentence of
15		imprisonment, without conditional and revocable release,
16		shall be imposed by law as a consequence of conviction,
17		where the court after a hearing, determines that the
18		release of the defendant would pose a real and present
19		threat to the physical safety of any person or persons;
20		(4) stalking or aggravated stalking, where the court,
21		after a hearing, determines that the release of the
22		defendant would pose a real and present threat to the
23		physical safety of the alleged victim of the offense and

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1		denial of bail is necessary to prevent fulfillment of the
2		threat upon which the charge is based; or
3		(5) unlawful use of weapons in violation of item (4) of
4		subsection (a) of Section 24-1 of the Criminal Code of 1961
5		or the Criminal Code of 2012 when that offense occurred in
6		a school or in any conveyance owned, leased, or contracted
7		by a school to transport students to or from school or a
8		school-related activity, or on any public way within 1,000
9		feet of real property comprising any school, a violation of
10		Section 24-1.2, 24-1.2-5, 24-1.6, or 24-1.7 of the Criminal
11		Code of 1961 or the Criminal Code of 2012, or a violation
12		of Section 24-1.1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012 if the defendant has previously been
14		convicted of a forcible felony as defined in Section 2-8 of
15		the Criminal Code of 2012, where the court, after a
16		hearing, determines that the release of the defendant would
17		pose a real and present threat to the physical safety of
18		any person and denial of bail is necessary to prevent
19		fulfillment of that threat; or
20		(6) making a terrorist threat in violation of Section
21		29D-20 of the Criminal Code of 1961 or the Criminal Code of
22		2012 or an attempt to commit the offense of making a
23		terrorist threat, where the court, after a hearing,
24		determines that the release of the defendant would pose a
25		real and present threat to the physical safety of any
26		person and denial of bail is necessary to prevent

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1		fulfillment of that threat.
2		(a-5) If bail is set for any offense under this Section
3		including, but not limited to, an offense in paragraph (5) of
4		subsection (a) of this Section, the State's Attorney may
5		request a source of bail hearing under subsection (b-5) of
6		Section 110-5 of this Article.
7		(b) A person seeking release on bail who is charged with a
8		capital offense or an offense for which a sentence of life
9		imprisonment may be imposed shall not be bailable until a
10		hearing is held wherein such person has the burden of
11		demonstrating that the proof of his guilt is not evident and
12		the presumption is not great.
13		(c) Where it is alleged that bail should be denied to a
14		person upon the grounds that the person presents a real and
15		present threat to the physical safety of any person or persons,
16		the burden of proof of such allegations shall be upon the
17		State.
18		(d) When it is alleged that bail should be denied to a
19		person charged with stalking or aggravated stalking upon the
20		grounds set forth in Section 110-6.3 of this Code, the burden
21		of proof of those allegations shall be upon the State.
22		(Source: P.A. 97-1150, eff. 1-25-13.)
23		(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
24		Sec. 110-10. Conditions of bail bond.
25		(a) If a person is released prior to conviction, either

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1		upon payment of bail security or on his or her own
2		recognizance, the conditions of the bail bond shall be that he
3		or she will:
4		(1) Appear to answer the charge in the court having
5		jurisdiction on a day certain and thereafter as ordered by
6		the court until discharged or final order of the court;
7		(2) Submit himself or herself to the orders and process
8		of the court;
9		(3) Not depart this State without leave of the court;
10		(4) Not violate any criminal statute of any
11		jurisdiction;
12		(5) At a time and place designated by the court,
13		surrender all firearms in his or her possession to a law
14		enforcement officer designated by the court to take custody
15		of and impound the firearms and physically surrender his or
16		her Firearm Owner's Identification Card to the clerk of the
17		circuit court when the offense the person has been charged
18		with is a forcible felony, stalking, aggravated stalking,
19		domestic battery, any violation of the Illinois Controlled
20		Substances Act, the Methamphetamine Control and Community
21		Protection Act, or the Cannabis Control Act that is
22		classified as a Class 2 or greater felony, or any felony
23		violation of Article 24 of the Criminal Code of 1961 or the
24		Criminal Code of 2012 not subject to paragraph (5.5) of
25		this Section; the court may, however, forgo the imposition
26		of this condition when the circumstances of the case

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1		clearly do not warrant it or when its imposition would be
2		impractical; if the Firearm Owner's Identification Card is
3		confiscated, the clerk of the circuit court shall mail the
4		confiscated card to the Department of Illinois State
5		Police; all legally possessed firearms shall be returned to
6		the person upon the charges being dismissed, or if the
7		person is found not guilty, unless the finding of not
8		guilty is by reason of insanity; and
9		(5.5) At a time and place designated by the court,
10		surrender all firearms in his or her possession to a law
11		enforcement officer designated by the court to take custody
12		of and impound the firearms and physically surrender his or
13		her Firearm Owner's Identification Card to the clerk of the
14		circuit court when the offense the person has been charged
15		with is a violation of paragraph (4) of subsection (a) of
16		Section 24-1 of the Criminal Code of 1961 or Criminal Code
17		of 2012, when that offense occurred in a school or in any
18		conveyance owned, leased, or contracted by a school to
19		transport students to or from school or a school-related
20		activity, or on any public way within 1,000 feet of real
21		property comprising any school, a violation of Section
22		24-1.2, 24-1.25, 24-1.6, or 24-4.7 of the Criminal Code of
23		1961 or the Criminal Code of 2012, or a violation of
24		Section 24-1.1 of the Criminal Code of 1961 or the Criminal
25		Code of 2012 if the defendant has previously been convicted
26		of a forcible felony as defined in Section 2-8 of the

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

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1		request a change in the conditions of bail, pursuant to Section
2		110-6 of this Code. The court may change the conditions of bail
3		to include a requirement that the defendant follow the
4		recommendations of the psychological evaluation, including
5		undergoing psychiatric treatment. The conclusions of the
6		psychological evaluation and any statements elicited from the
7		defendant during its administration are not admissible as
8		evidence of guilt during the course of any trial on the charged
9		offense, unless the defendant places his or her mental
10		competency in issue.
11		(b) The court may impose other conditions, such as the
12		following, if the court finds that such conditions are
13		reasonably necessary to assure the defendant's appearance in
14		court, protect the public from the defendant, or prevent the
15		defendant's unlawful interference with the orderly
16		administration of justice:
17		(1) Report to or appear in person before such person or
18		agency as the court may direct;
19		(2) Refrain from possessing a firearm or other
20		dangerous weapon;
21		(3) Refrain from approaching or communicating with
22		particular persons or classes of persons;
23		(4) Refrain from going to certain described
24		geographical areas or premises;
25		(5) Refrain from engaging in certain activities or
26		indulging in intoxicating liquors or in certain drugs;

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

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1		(14.1) The court shall impose upon a defendant who is
2		charged with any alcohol, cannabis, methamphetamine, or
3		controlled substance violation and is placed under direct
4		supervision of the Pretrial Services Agency, Probation
5		Department or Court Services Department in a pretrial bond
6		home supervision capacity with the use of an approved
7		monitoring device, as a condition of such bail bond, a fee
8		that represents costs incidental to the electronic
9		monitoring for each day of such bail supervision ordered by
10		the court, unless after determining the inability of the
11		defendant to pay the fee, the court assesses a lesser fee
12		or no fee as the case may be. The fee shall be collected by
13		the clerk of the circuit court, except as provided in an
14		administrative order of the Chief Judge of the circuit
15		court. The clerk of the circuit court shall pay all monies
16		collected from this fee to the county treasurer for deposit
17		in the substance abuse services fund under Section 5-1086.1
18		of the Counties Code, except as provided in an
19		administrative order of the Chief Judge of the circuit
20		court.
21		The Chief Judge of the circuit court of the county may
22		by administrative order establish a program for electronic
23		monitoring of offenders with regard to drug-related and
24		alcohol-related offenses, in which a vendor supplies and
25		monitors the operation of the electronic monitoring
26		device, and collects the fees on behalf of the county. The

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1		program shall include provisions for indigent offenders
2		and the collection of unpaid fees. The program shall not
3		unduly burden the offender and shall be subject to review
4		by the Chief Judge.
5		The Chief Judge of the circuit court may suspend any
6		additional charges or fees for late payment, interest, or
7		damage to any device;
8		(14.2) The court shall impose upon all defendants,
9		including those defendants subject to paragraph (14.1)
10		above, placed under direct supervision of the Pretrial
11		Services Agency, Probation Department or Court Services
12		Department in a pretrial bond home supervision capacity
13		with the use of an approved monitoring device, as a
14		condition of such bail bond, a fee which shall represent
15		costs incidental to such electronic monitoring for each day
16		of such bail supervision ordered by the court, unless after
17		determining the inability of the defendant to pay the fee,
18		the court assesses a lesser fee or no fee as the case may
19		be. The fee shall be collected by the clerk of the circuit
20		court, except as provided in an administrative order of the
21		Chief Judge of the circuit court. The clerk of the circuit
22		court shall pay all monies collected from this fee to the
23		county treasurer who shall use the monies collected to
24		defray the costs of corrections. The county treasurer shall
25		deposit the fee collected in the county working cash fund
26		under Section 6-27001 or Section 6-29002 of the Counties

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

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1		victims, and victim mediation services. The person
2		receiving pretrial services may be ordered to pay all costs
3		incidental to pretrial services in accordance with his or
4		her ability to pay those costs;
5		(14.4) For persons charged with violating Section
6		11-501 of the Illinois Vehicle Code, refrain from operating
7		a motor vehicle not equipped with an ignition interlock
8		device, as defined in Section 1-129.1 of the Illinois
9		Vehicle Code, pursuant to the rules promulgated by the
10		Secretary of State for the installation of ignition
11		interlock devices. Under this condition the court may allow
12		a defendant who is not self-employed to operate a vehicle
13		owned by the defendant's employer that is not equipped with
14		an ignition interlock device in the course and scope of the
15		defendant's employment;
16		(15) Comply with the terms and conditions of an order
17		of protection issued by the court under the Illinois
18		Domestic Violence Act of 1986 or an order of protection
19		issued by the court of another state, tribe, or United
20		States territory;
21		(16) Under Section 110-6.5 comply with the conditions
22		of the drug testing program; and
23		(17) Such other reasonable conditions as the court may
24		impose.
25		(c) When a person is charged with an offense under Section
26		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

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1		12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
2		Criminal Code of 2012, involving a victim who is a minor under
3		18 years of age living in the same household with the defendant
4		at the time of the offense, in granting bail or releasing the
5		defendant on his own recognizance, the judge shall impose
6		conditions to restrict the defendant's access to the victim
7		which may include, but are not limited to conditions that he
8		will:
9		1. Vacate the household.
10		2. Make payment of temporary support to his dependents.
11		3. Refrain from contact or communication with the child
12		victim, except as ordered by the court.
13		(d) When a person is charged with a criminal offense and
14		the victim is a family or household member as defined in
15		Article 112A, conditions shall be imposed at the time of the
16		defendant's release on bond that restrict the defendant's
17		access to the victim. Unless provided otherwise by the court,
18		the restrictions shall include requirements that the defendant
19		do the following:
20		(1) refrain from contact or communication with the
21		victim for a minimum period of 72 hours following the
22		defendant's release; and
23		(2) refrain from entering or remaining at the victim's
24		residence for a minimum period of 72 hours following the
25		defendant's release.
26		(e) Local law enforcement agencies shall develop

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1		standardized bond forms for use in cases involving family or
2		household members as defined in Article 112A, including
3		specific conditions of bond as provided in subsection (d).
4		Failure of any law enforcement department to develop or use
5		those forms shall in no way limit the applicability and
6		enforcement of subsections (d) and (f).
7		(f) If the defendant is admitted to bail after conviction
8		the conditions of the bail bond shall be that he will, in
9		addition to the conditions set forth in subsections (a) and (b)
10		hereof:
11		(1) Duly prosecute his appeal;
12		(2) Appear at such time and place as the court may
13		direct;
14		(3) Not depart this State without leave of the court;
15		(4) Comply with such other reasonable conditions as the
16		court may impose; and
17		(5) If the judgment is affirmed or the cause reversed
18		and remanded for a new trial, forthwith surrender to the
19		officer from whose custody he was bailed.
20		(g) Upon a finding of guilty for any felony offense, the
21		defendant shall physically surrender, at a time and place
22		designated by the court, any and all firearms in his or her
23		possession and his or her Firearm Owner's Identification Card
24		as a condition of remaining on bond pending sentencing.
25		(Source: P.A. 99-797, eff. 8-12-16.)