SB 552 — CRIM PRO-ABOLISH MONETARY BAIL

*LRB10004861RLC14871b* SB0552 100THEngrossed GENERALLRB100 ASSEMBLY04861 StateRLC of14871 Illinoisb andAN 2018ACT SB0552concerning Introducedcriminal 1/24/2017,law. by Sen.

John J.

Cullerton SYNOPSIS AS INTRODUCED:

ILCS 550/2 from Ch.

56 1/2, par.

702 concerning the short title.rol Act.

Makes a technical change in a Section LRB100 04861 RLC 14871 b A BILL FOR SB0552 LRB100 04861 RLC 14871 b AN ACT concerning criminal law.

The CannabisCode Controlof ActCriminal Procedure of 1963 is amended by changing Section 2110-6 as follows:

(720(725 ILCS 550/2)5/110-6) (from Ch.

5638, 1/2, par.

702)110-6) Sec.

2.110-6.

This(a) ActUpon shallverified beapplication knownby andthe andState or the defendant or on its own motion the court before which the proceeding is pending may beincrease citedor asreduce the "Cannabisamount Controlof Act".bail or may alter the conditions of the bail bond or grant bail where it has been previously revoked or denied.

If bail has been previously revoked pursuant to subsection (f) of this Section or if bail has been denied to the defendant pursuant to subsection (e) of Section 110-6.1 or subsection (e) of Section 110-6.3, the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous revocation or denial of bail proceedings.

If the court grants bail where it has been previously revoked or denied, the court shall state on the record of the proceedings the findings of facts and conclusion of law upon which such order is based.

(a-5) In addition to any other available motion or procedure under this Code, a first time offender in custody for SB0552 Engrossed - 2 - LRB100 04861 RLC 14871 b a non-violent misdemeanor offense due to an inability to post monetary bail shall be brought before the court at the next available court date or 7 calendar days from the date bail was set, whichever is earlier, for a rehearing on the amount or conditions of bail or release pending further court proceedings.

For purposes of this subsection (a-5), "non-violent misdemeanor" means an offense which does not involve the use or threat of physical force or violence against a person.

(b) Violation of the conditions of Section 110-10 of this Code or any special conditions of bail as ordered by the court shall constitute grounds for the court to increase the amount of bail, or otherwise alter the conditions of bail, or, where the alleged offense committed on bail is a forcible felony in Illinois or a Class 2 or greater offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, revoke bail pursuant to the appropriate provisions of subsection (e) of this Section.

(c) Reasonable notice of such application by the defendant shall be given to the State.

(d) Reasonable notice of such application by the State shall be given to the defendant, except as provided in subsection (e).

(e) Upon verified application by the State stating facts or circumstances constituting a violation or a threatened SB0552 Engrossed - 3 - LRB100 04861 RLC 14871 b violation of any of the conditions of the bail bond the court may issue a warrant commanding any peace officer to bring the defendant without unnecessary delay before the court for a hearing on the matters set forth in the application.

If the actual court before which the proceeding is pending is absent or otherwise unavailable another court may issue a warrant pursuant to this Section.

When the defendant is charged with a felony offense and while free on bail is charged with a subsequent felony offense and is the subject of a proceeding set forth in Section 109-1 or 109-3 of this Code, upon the filing of a verified petition by the State alleging a violation of Section 110-10 (a) (4) of this Code, the court shall without prior notice to the defendant, grant leave to file such application and shall order the transfer of the defendant and the application without unnecessary delay to the court before which the previous felony matter is pending for a hearing as provided in subsection (b) or this subsection of this Section.

The defendant shall be held without bond pending transfer to and a hearing before such court.

At the conclusion of the hearing based on a violation of the conditions of Section 110-10 of this Code or any special conditions of bail as ordered by the court the court may enter an order increasing the amount of bail or alter the conditions of bail as deemed appropriate.

(f) Where the alleged violation consists of the violation of one or more felony statutes of any jurisdiction which would SB0552 Engrossed - 4 - LRB100 04861 RLC 14871 b be a forcible felony in Illinois or a Class 2 or greater offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and the defendant is on bail for the alleged commission of a felony, or where the defendant is on bail for a felony domestic battery (enhanced pursuant to subsection (b) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012), aggravated domestic battery, aggravated battery, unlawful restraint, aggravated unlawful restraint or domestic battery in violation of item (1) of subsection (a) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012 against a family or household member as defined in Section 112A-3 of this Code and the violation is an offense of domestic battery against the same victim the court shall, on the motion of the State or its own motion, revoke bail in accordance with the following provisions:

(1) The court shall hold the defendant without bail pending the hearing on the alleged breach;

however, if the defendant is not admitted to bail the hearing shall be commenced within 10 days from the date the defendant is taken into custody or the defendant may not be held any longer without bail, unless delay is occasioned by the defendant.

Where defendant occasions the delay, the running of the 10 day period is temporarily suspended and resumes at the termination of the period of delay.

Where SB0552 Engrossed - 5 - LRB100 04861 RLC 14871 b defendant occasions the delay with 5 or fewer days remaining in the 10 day period, the court may grant a period of up to 5 additional days to the State for good cause shown.

The State, however, shall retain the right to proceed to hearing on the alleged violation at any time, upon reasonable notice to the defendant and the court.

(2) At a hearing on the alleged violation the State has the burden of going forward and proving the violation by clear and convincing evidence.

The evidence shall be presented in open court with the opportunity to testify, to present witnesses in his behalf, and to cross-examine witnesses if any are called by the State, and representation by counsel and if the defendant is indigent to have counsel appointed for him.

The rules of evidence applicable in criminal trials in this State shall not govern the admissibility of evidence at such hearing.

Information used by the court in its findings or stated in or offered in connection with hearings for increase or revocation of bail may be by way of proffer based upon reliable information offered by the State or defendant.

All evidence shall be admissible if it is relevant and reliable regardless of whether it would be admissible under the rules of evidence applicable at criminal trials.

A motion by the defendant to suppress evidence or to suppress a confession shall not be entertained at such a hearing.

Evidence that proof may have been obtained as a result of SB0552 Engrossed - 6 - LRB100 04861 RLC 14871 b an unlawful search and seizure or through improper interrogation is not relevant to this hearing.

(3) Upon a finding by the court that the State has established by clear and convincing evidence that the defendant has committed a forcible felony or a Class 2 or greater offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act while admitted to bail, or where the defendant is on bail for a felony domestic battery (enhanced pursuant to subsection (b) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012), aggravated domestic battery, aggravated battery, unlawful restraint, aggravated unlawful restraint or domestic battery in violation of item (1) of subsection (a) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012 against a family or household member as defined in Section 112A-3 of this Code and the violation is an offense of domestic battery, against the same victim, the court shall revoke the bail of the defendant and hold the defendant for trial without bail.

Neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115-10.1 of this Code or in a perjury proceeding.