HB 2919 — CRIM PRO - BAIL RECOGNIZANCE

*LRB09908143MRW28293b* HB2919 99THEngrossed GENERALLRB099 ASSEMBLY08143 StateMRW of28293 Illinoisb andAN 2016ACT HB2919concerning bycriminal Rep.law.

Michael J.

Zalewski SYNOPSIS AS INTRODUCED:

ILCS 5/110-2 from Ch.

38, par.

110-2 Amends the Code of Criminal Procedure of 1963.

Provides if the court is of the opinion that the defendant will appear as required either before or the community and that the defendant will comply with all conditions of bond the defendant must be released on his or her recognizance (rather than may be released on his or her recognizance).

Requires the court to consider several release factors in reaching its opinion on release of the defendant on his or her recognizance and before considering monetary bail.

LRB099 08143 MRW 28293 b A BILL FOR HB2919 LRB099 08143 MRW 28293 b AN ACT concerning criminal law.

The Code of Criminal Procedure of 1963 is amended by changing Section 110-2110-5 as follows:

(725 ILCS 5/110-2)5/110-5) (from Ch.

110-2)110-5) Sec.

110-2.110-5.

ReleaseDetermining onthe ownamount recognizance.of bail and conditions of release.

(a) WhenIn fromdetermining the amount of monetary bail or conditions of release, if any, which will reasonably assure the appearance of a defendant as required or the safety of any other person or the community and the likelihood of compliance by the defendant with all the circumstancesconditions of bail, the court isshall, on the basis of available information, take into account such matters as the opinionnature and circumstances of the offense charged, whether the evidence shows that as part of the offense there was a use of violence or threatened use of violence, whether the offense involved corruption of public officials or employees, whether there was physical harm or threats of physical harm to any public official, public employee, judge, prosecutor, juror or witness, senior citizen, child or handicapped person, whether evidence shows that during the offense or during the arrest the defendant willpossessed appearor asused requireda eitherHB2919 beforeEngrossed - 2 - LRB099 08143 MRW 28293 b firearm, machine gun, explosive or aftermetal convictionpiercing ammunition or explosive bomb device or any military or paramilitary armament, whether the evidence shows that the offense committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, the condition of the victim, any written statement submitted by the victim or proffer or representation by the State regarding the impact which the alleged criminal conduct has had on the victim and the victim's concern, if any, with further contact with the defendant willif notreleased poseon bail, whether the offense was based on racial, religious, sexual orientation or ethnic hatred, the likelihood of the filing of a dangergreater charge, the likelihood of conviction, the sentence applicable upon conviction, the weight of the evidence against such defendant, whether there exists motivation or ability to flee, whether there is any personverification as to prior residence, education, or family ties in the communitylocal jurisdiction, in another county, state or foreign country, the defendant's employment, financial resources, character and thatmental condition, past conduct, prior use of alias names or dates of birth, and length of residence in the community, the consent of the defendant willto complyperiodic drug testing in accordance with allSection conditions110-6.5, whether a foreign national defendant is lawfully admitted in the United States of bond,America, whichwhether shallthe includegovernment of the defendant'sforeign currentnational addressmaintains an extradition treaty with the United States by which HB2919 Engrossed - 3 - LRB099 08143 MRW 28293 b the foreign government will extradite to the United States its national for a writtentrial admonishmentfor a crime allegedly committed in the United States, whether the defendant is currently subject to deportation or exclusion under the immigration laws of the United States, whether the defendant, although a United States citizen, is considered under the law of any foreign state a national of that state for the purposes of extradition or non-extradition to the United States, the amount of unrecovered proceeds lost as a result of the alleged offense, the source of bail funds tendered or sought to be tendered for bail, whether from the totality of the court's consideration, the loss of funds posted or sought to be posted for bail will not deter the defendant from flight, whether the evidence shows that hethe defendant is engaged in significant possession, manufacture, or shedelivery mustof complya controlled substance or cannabis, either individually or in consort with others, whether at the provisionstime of Sectionthe 110-12offense ofcharged he or she was on bond or pre-trial release pending trial, probation, periodic imprisonment or conditional discharge pursuant to this Code regardingor the comparable Code of any changeother state or federal jurisdiction, whether the defendant is on bond or pre-trial release pending the imposition or execution of sentence or appeal of sentence for any offense under the laws of Illinois or any other state or federal jurisdiction, whether the defendant is under parole, aftercare release, mandatory supervised release, or work release from the Illinois Department of Corrections or Illinois Department of HB2919 Engrossed - 4 - LRB099 08143 MRW 28293 b Juvenile Justice or any penal institution or corrections department of any state or federal jurisdiction, the defendant's record of convictions, whether the defendant has been convicted of a misdemeanor or ordinance offense in hisIllinois or hersimilar address,offense in other state or federal jurisdiction within the 10 years preceding the current charge or convicted of a felony in Illinois, whether the defendant mustwas mayconvicted of an offense in another state or federal jurisdiction that would be a felony if committed in Illinois within the 20 years preceding the current charge or has been convicted of such felony and released onfrom histhe penitentiary within 20 years preceding the current charge if a penitentiary sentence was imposed in Illinois or herother ownstate recognizance.or federal jurisdiction, the defendant's records of juvenile adjudication of delinquency in any jurisdiction, any record of appearance or failure to appear by the defendant at court proceedings, whether there was flight to avoid arrest or prosecution, whether the defendant escaped or attempted to escape to avoid arrest, whether the defendant refused to identify himself or herself, or whether there was a refusal by the defendant to be fingerprinted as required by law.

InInformation makingused theby opinion, the court shallin considerits findings or stated in or offered in connection with this Section may be by way of proffer based upon reliable information offered by the followingState factors:or defendant.

(1)All whetherevidence theshall defendantbe admissible if it is atrelevant leastand 18reliable yearsregardless of age;whether it would be admissible under the rules of evidence HB2919 Engrossed - 5 - LRB099 08143 MRW 28293 b applicable at criminal trials.

(2)If anythe recommendationsState presents evidence that the offense committed by the defendant was related to or in furtherance of releasethe criminal activities of an organized gang or conditions,was evaluations,motivated by the defendant's membership in or riskallegiance assessmentsto ofan organized gang, and if the court determines that the evidence may be substantiated, the court shall prohibit the defendant byfrom pretrialassociating services;with other members of the organized gang as a condition of bail or release.

(3)For whetherthe releasepurposes wouldof reasonablythis assureSection, his"organized organg" herhas HB2919the -meaning 2ascribed -to LRB099it 08143in MRWSection 2829310 bof appearancethe inIllinois courtStreetgang whenTerrorism required;Omnibus Prevention Act.

(4)(b) thatThe theamount safety of anybail othershall personbe: or the community does not require the detention of the defendant;

(5)(1) whetherSufficient to assure compliance with the conditions set forth in the bail bond, which shall include the defendant's current address with a written admonishment to the defendant willthat obstructhe or attemptshe tomust obstructcomply with the criminalprovisions justiceof process;Section 110-12 regarding any change in his or her address.

(6)The whetherdefendant's theaddress defendantshall producedat satisfactoryall evidencetimes remain a matter of hispublic orrecord herwith identity;the clerk of the court.

(7)(2) whetherNot theoppressive. defendant exhibited behavior which required exertion of physical force to effectuate the arrest or control of the defendant by the arresting officer, a correctional officer, or a correctional employee;

(8)(3) whetherConsiderate of the defendantfinancial demonstratedability behaviorof that would pose a danger to any person or the community;accused.

(9)(4) whetherWhen thea defendantperson hasis beencharged convictedwith ora founddrug guiltyrelated inoffense anyinvolving jurisdictionpossession asor andelivery adultof cannabis or juvenilepossession foror delivery of a violationcontrolled involvingsubstance as defined HB2919 Engrossed - 6 - LRB099 08143 MRW 28293 b in the useCannabis Control Act, the Illinois Controlled Substances Act, or threatthe Methamphetamine Control and Community Protection Act, the full street value of physicalthe forcedrugs orseized violence;shall be considered.

and"Street (10)value" whethershall be determined by the defendantcourt ison the subjectbasis of a pendingproffer arrestby warrant,the prosecution,State orderbased upon reliable information of protection,a orlaw otherenforcement criminalofficial proceeding.contained in a written report as to the amount seized and such proffer may be used by the court as to the current street value of the smallest unit of the drug seized.

(b)(b-5) TheUpon defendant'sthe addressfiling shallof ata allwritten timesrequest remaindemonstrating reasonable cause, the State's Attorney may request a mattersource of publicbail recordhearing witheither before or after the clerkposting of theany court.funds.

AIf failure to appear as required by such recognizance shall constitute an offense subject to the penaltyhearing providedis ingranted, Sectionbefore 32-10 of the Criminalposting Code of 2012any forbail, violation of the bailaccused bond,must andfile anya HB2919written -notice 3requesting -that LRB099 08143 MRW 28293 b obligated sum fixed in the recognizancecourt shallconduct bea forfeitedsource and collected in accordance with subsection (g) of Sectionbail 110-7hearing. of this Code.

(c)The Thisnotice Sectionmust shall be liberallyaccompanied construedby tojustifying effectuateaffidavits thestating purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearancelegitimate of the defendant, and thatlawful thesource defendantof willfunds notfor posebail. a danger to any person or the community and that the defendant will comply with all conditions of bond.

(d)At Monetarythe bailhearing, shouldthe becourt setshall onlyinquire afterinto considerationany ofmatters releasestated factorsin underany subsectionjustifying (a)affidavits, of this Section and whenmay italso isinquire determinedinto thatmatters noappropriate otherto conditions of release will reasonably assure the defendant'sdetermination appearancewhich inshall court,include, thatbut theare defendant does not presentlimited ato, danger to any person or the communityfollowing: and that the defendant will comply with all conditions of bond.

(e)(1) Thethe Statebackground, maycharacter, appealreputation, anyand orderrelationship permittingto releasethe byaccused personalof recognizance.any surety;

and (2) the source of any money or property deposited by any surety, and whether any such money or property HB2919 Engrossed - 7 - LRB099 08143 MRW 28293 b constitutes the fruits of criminal or unlawful conduct;

and (3) the source of any money posted as cash bail, and whether any such money constitutes the fruits of criminal or unlawful conduct;

and (4) the background, character, reputation, and relationship to the accused of the person posting cash bail.

Upon setting the hearing, the court shall examine, under oath, any persons who may possess material information.

The State's Attorney has a right to attend the hearing, to call witnesses and to examine any witness in the proceeding.

The court shall, upon request of the State's Attorney, continue the proceedings for a reasonable period to allow the State's Attorney to investigate the matter raised in any testimony or affidavit.

If the hearing is granted after the accused has posted bail, the court shall conduct a hearing consistent with this subsection (b-5).

At the conclusion of the hearing, the court must issue an order either approving of disapproving the bail.

(c) When a person is charged with an offense punishable by fine only the amount of the bail shall not exceed double the amount of the maximum penalty.