|
| Public Act 101-0138
|
| HB2308 Enrolled | LRB101 07213 SLF 52251 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-10 as follows:
|
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
Sec. 110-10. Conditions of bail bond.
|
(a) If a person is released prior to conviction, either |
upon payment of
bail security or on his or her own |
recognizance, the conditions of the bail
bond shall be that he |
or she will:
|
(1) Appear to answer the charge in the court having |
jurisdiction on
a day certain and thereafter as ordered by |
the court until discharged or
final order of the court;
|
(2) Submit himself or herself to the orders and process |
of the court;
|
(3) Not depart this State without leave of the court;
|
(4) Not violate any criminal statute of any |
jurisdiction;
|
(5) At a time and place designated by the court, |
surrender all firearms
in his or her possession to a law |
enforcement officer designated by the court
to take custody |
of and impound the firearms
and physically
surrender his or |
|
her Firearm Owner's Identification Card to the clerk of the
|
circuit court
when the offense the person has
been charged |
with is a forcible felony, stalking, aggravated stalking, |
domestic
battery, any violation of the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act, or the
Cannabis Control Act that is |
classified as a Class 2 or greater felony, or any
felony |
violation of Article 24 of the Criminal Code of 1961 or the |
Criminal Code of 2012; the court
may,
however, forgo the |
imposition of this condition when the
circumstances of the
|
case clearly do not warrant it or when its imposition would |
be
impractical;
if the Firearm Owner's Identification Card |
is confiscated, the clerk of the circuit court shall mail |
the confiscated card to the Illinois State Police; all |
legally possessed firearms shall be returned to the person |
upon
the charges being dismissed, or if the person is found |
not guilty, unless the
finding of not guilty is by reason |
of insanity; and
|
(6) At a time and place designated by the court, submit |
to a
psychological
evaluation when the person has been |
charged with a violation of item (4) of
subsection
(a) of |
Section 24-1 of the Criminal Code of 1961 or the Criminal |
Code of 2012 and that violation occurred in
a school
or in |
any conveyance owned, leased, or contracted by a school to |
transport
students to or
from school or a school-related |
activity, or on any public way within 1,000
feet of real
|
|
property comprising any school.
|
Psychological evaluations ordered pursuant to this Section |
shall be completed
promptly
and made available to the State, |
the defendant, and the court. As a further
condition of bail |
under
these circumstances, the court shall order the defendant |
to refrain from
entering upon the
property of the school, |
including any conveyance owned, leased, or contracted
by a |
school to
transport students to or from school or a |
school-related activity, or on any public way within
1,000 feet |
of real property comprising any school. Upon receipt of the |
psychological evaluation,
either the State or the defendant may |
request a change in the conditions of bail, pursuant to
Section |
110-6 of this Code. The court may change the conditions of bail |
to include a
requirement that the defendant follow the |
recommendations of the psychological evaluation,
including |
undergoing psychiatric treatment. The conclusions of the
|
psychological evaluation and
any statements elicited from the |
defendant during its administration are not
admissible as |
evidence
of guilt during the course of any trial on the charged |
offense, unless the
defendant places his or her
mental |
competency in issue.
|
(b) The court may impose other conditions, such as the |
following, if the
court finds that such conditions are |
reasonably necessary to assure the
defendant's appearance in |
court, protect the public from the defendant, or
prevent the |
defendant's unlawful interference with the orderly |
|
administration
of justice:
|
(1) Report to or appear in person before such person or |
agency as the
court may direct;
|
(2) Refrain from possessing a firearm or other |
dangerous weapon;
|
(3) Refrain from approaching or communicating with |
particular persons or
classes of persons;
|
(4) Refrain from going to certain described |
geographical areas or
premises;
|
(5) Refrain from engaging in certain activities or |
indulging in
intoxicating liquors or in certain drugs;
|
(6) Undergo treatment for drug addiction or |
alcoholism;
|
(7) Undergo medical or psychiatric treatment;
|
(8) Work or pursue a course of study or vocational |
training;
|
(9) Attend or reside in a facility designated by the |
court;
|
(10) Support his or her dependents;
|
(11) If a minor resides with his or her parents or in a |
foster home,
attend school, attend a non-residential |
program for youths, and contribute
to his or her own |
support at home or in a foster home;
|
(12) Observe any curfew ordered by the court;
|
(13) Remain in the custody of such designated person or |
organization
agreeing to supervise his release. Such third |
|
party custodian shall be
responsible for notifying the |
court if the defendant fails to observe the
conditions of |
release which the custodian has agreed to monitor, and |
shall
be subject to contempt of court for failure so to |
notify the court;
|
(14) Be placed under direct supervision of the Pretrial |
Services
Agency, Probation Department or Court Services |
Department in a pretrial
bond home supervision capacity |
with or without the use of an approved
electronic |
monitoring device subject to Article 8A of Chapter V of the
|
Unified Code of Corrections;
|
(14.1) The court shall impose upon a defendant who is |
charged with any
alcohol, cannabis, methamphetamine, or |
controlled substance violation and is placed under
direct |
supervision of the Pretrial Services Agency, Probation |
Department or
Court Services Department in a pretrial bond |
home supervision capacity with
the use of an approved |
monitoring device, as a condition of such bail bond,
a fee |
that represents costs incidental to the electronic |
monitoring for each
day of such bail supervision ordered by |
the
court, unless after determining the inability of the |
defendant to pay the
fee, the court assesses a lesser fee |
or no fee as the case may be. The fee
shall be collected by |
the clerk of the circuit court, except as provided in an |
administrative order of the Chief Judge of the circuit |
court. The clerk of the
circuit court shall pay all monies |
|
collected from this fee to the county
treasurer for deposit |
in the substance abuse services fund under Section
5-1086.1 |
of the Counties Code, except as provided in an |
administrative order of the Chief Judge of the circuit |
court. |
The Chief Judge of the circuit court of the county may |
by administrative order establish a program for electronic |
monitoring of offenders with regard to drug-related and |
alcohol-related offenses, in which a vendor supplies and |
monitors the operation of the electronic monitoring |
device, and collects the fees on behalf of the county. The |
program shall include provisions for indigent offenders |
and the collection of unpaid fees. The program shall not |
unduly burden the offender and shall be subject to review |
by the Chief Judge. |
The Chief Judge of the circuit court may suspend any |
additional charges or fees for late payment, interest, or |
damage to any device;
|
(14.2) The court shall impose upon all defendants, |
including those
defendants subject to paragraph (14.1) |
above, placed under direct supervision
of the Pretrial |
Services Agency, Probation Department or Court Services
|
Department in a pretrial bond home supervision capacity |
with the use of an
approved monitoring device, as a |
condition of such bail bond, a fee
which shall represent |
costs incidental to such
electronic monitoring for each day |
|
of such bail supervision ordered by the
court, unless after |
determining the inability of the defendant to pay the fee,
|
the court assesses a lesser fee or no fee as the case may |
be. The fee shall be
collected by the clerk of the circuit |
court, except as provided in an administrative order of the |
Chief Judge of the circuit court. The clerk of the circuit |
court
shall pay all monies collected from this fee to the |
county treasurer who shall
use the monies collected to |
defray the costs of corrections. The county
treasurer shall |
deposit the fee collected in the county working cash fund |
under
Section 6-27001 or Section 6-29002 of the Counties |
Code, as the case may
be, except as provided in an |
administrative order of the Chief Judge of the circuit |
court. |
The Chief Judge of the circuit court of the county may |
by administrative order establish a program for electronic |
monitoring of offenders with regard to drug-related and |
alcohol-related offenses, in which a vendor supplies and |
monitors the operation of the electronic monitoring |
device, and collects the fees on behalf of the county. The |
program shall include provisions for indigent offenders |
and the collection of unpaid fees. The program shall not |
unduly burden the offender and shall be subject to review |
by the Chief Judge. |
The Chief Judge of the circuit court may suspend any |
additional charges or fees for late payment, interest, or |
|
damage to any device;
|
(14.3) The Chief Judge of the Judicial Circuit may |
establish reasonable
fees to be paid by a person receiving |
pretrial services while under supervision
of a pretrial |
services agency, probation department, or court services
|
department. Reasonable fees may be charged for pretrial |
services
including, but not limited to, pretrial |
supervision, diversion programs,
electronic monitoring, |
victim impact services, drug and alcohol testing, DNA |
testing, GPS electronic monitoring, assessments and |
evaluations related to domestic violence and other |
victims, and
victim mediation services. The person |
receiving pretrial services may be
ordered to pay all costs |
incidental to pretrial services in accordance with his
or |
her ability to pay those costs;
|
(14.4) For persons charged with violating Section |
11-501 of the Illinois
Vehicle Code, refrain from operating |
a motor vehicle not equipped with an
ignition interlock |
device, as defined in Section 1-129.1 of the Illinois
|
Vehicle Code,
pursuant to the rules promulgated by the |
Secretary of State for the
installation of ignition
|
interlock devices. Under this condition the court may allow |
a defendant who is
not
self-employed to operate a vehicle |
owned by the defendant's employer that is
not equipped with |
an ignition interlock device in the course and scope of the
|
defendant's employment;
|
|
(15) Comply with the terms and conditions of an order |
of protection
issued by the court under the Illinois |
Domestic Violence Act of 1986 or an
order of protection |
issued by the court of another state, tribe, or United
|
States territory;
|
(16) Under Section 110-6.5 comply with the conditions |
of the drug testing
program; and
|
(17) Such other reasonable conditions as the court may |
impose.
|
(c) When a person is charged with an offense under Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
Criminal Code of 2012, involving a victim who is a
minor under |
18 years of age living in the same household with the defendant
|
at the time of the offense, in granting bail or releasing the |
defendant on
his own recognizance, the judge shall impose |
conditions to restrict the
defendant's access to the victim |
which may include, but are not limited to
conditions that he |
will:
|
1. Vacate the household.
|
2. Make payment of temporary support to his dependents.
|
3. Refrain from contact or communication with the child |
victim, except
as ordered by the court.
|
(d) When a person is charged with a criminal offense and |
the victim is
a family or household member as defined in |
Article 112A, conditions shall
be imposed at the time of the |
|
defendant's release on bond that restrict the
defendant's |
access to the victim.
Unless provided otherwise by the court, |
the
restrictions shall include
requirements that the defendant |
do the following:
|
(1) refrain from contact or communication with the |
victim for a
minimum period of 72 hours following the |
defendant's release; and
|
(2) refrain from entering or remaining at the victim's |
residence for a
minimum period of 72 hours following the |
defendant's release.
|
(e) Local law enforcement agencies shall develop |
standardized bond forms
for use in cases involving family or |
household members as defined in
Article 112A, including |
specific conditions of bond as provided in
subsection (d). |
Failure of any law enforcement department to develop or use
|
those forms shall in no way limit the applicability and |
enforcement of
subsections (d) and (f).
|
(f) If the defendant is admitted to bail after conviction |
the
conditions of the bail bond shall be that he will, in |
addition to the
conditions set forth in subsections (a) and (b) |
hereof:
|
(1) Duly prosecute his appeal;
|
(2) Appear at such time and place as the court may |
direct;
|
(3) Not depart this State without leave of the court;
|
(4) Comply with such other reasonable conditions as the |
|
court may
impose; and
|
(5) If the judgment is affirmed or the cause reversed |
and remanded
for a new trial, forthwith surrender to the |
officer from whose custody
he was bailed.
|
(g) Upon a finding of guilty for any felony offense, the |
defendant shall
physically surrender, at a time and place |
designated by the court,
any and all firearms in his or her |
possession and his or her Firearm Owner's
Identification Card |
as a condition of remaining on bond pending sentencing.
|
(h) In the event the defendant is unable to post bond, the |
court may impose a no contact provision with the victim or |
other interested party that shall be enforced while the |
defendant remains in custody. |
(Source: P.A. 99-797, eff. 8-12-16.)
|
