HB 558 is sponsored by John A. Fritchey.

Where can I track HB 558?

Track HB 558 free on One Click Politics — get push/email alerts when it moves.

Illinois 93rd Regular Session Status: Enacted

HB 558 — VIDEOTAPED CONFESSIONS-TECH

Last action August 05, 2003 — Public Act . . . . . . . . . 93-0417

Track this bill free

No card. One bill, free forever — alerts when it moves.

✓
Introduced
✓
In Committee
✓
Passed House
✓
Passed Senate
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced January 31, 2003. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

0 primary, 1 co-sponsors signed on.
Cleared a recorded vote

Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Videotaped Confessions Act. Contains only a short title.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The bill HB 558 has been updated to include a specific addition while removing outdated or unnecessary text. This change likely clarifies the bill's intent or improves its readability. Such updates are important as they can ensure the law is easier for everyone to understand and implement.

HB0558 ~~Engrossed~~Enrolled LRB093 05583 MBS 05675 b AN ACT in relation to ~~videotaped~~criminal ~~confessions.~~law.

Section 1.5.

~~Short~~The ~~title.~~Criminal Code of 1961 is amended by changing Section 3-7 as follows:

~~This~~(720 ~~Act~~ILCS ~~may~~5/3-7) be(from ~~cited~~Ch. as ~~the~~ ~~Videotaped~~ ~~Confessions~~ ~~Act.~~

38, par.

3-7) Sec.

3-7.

Periods excluded from limitation.

The period within which a prosecution must be commenced does not include any period in which:

(a) The defendant is not usually and publicly resident within this State;

or (b) The defendant is a public officer and the offense charged is theft of public funds while in public office;

or (c) A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;

or (d) A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending.

However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d);

____- _e_____________________s______________________m_____________ _____l_____________________b______________________i_____________ _____d_____________________i______________________i_____________ _____r______________________a______________________o________ (Source:

P.A.

91-231, eff.

1-1-00.) Section 10.

The Code of Criminal Procedure of 1963 is HB0558 Enrolled -2- LRB093 05583 MBS 05675 b amended by changing Section 110-6 as follows:

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

38, par.

110-6) Sec.

110-6.

(a) Upon verified application by the State or the defendant or on its own motion the court before which the proceeding is pending may increase or reduce the amount of 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.

(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 Controlled Substances Act or Cannabis Control Act, revoke bail pursuant to the appropriate provisions of subsection (e) of this Section.

(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 HB0558 Enrolled -3- LRB093 05583 MBS 05675 b or circumstances constituting a violation or a threatened 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 be a forcible felony in Illinois or a Class 2 or greater offense under the Illinois Controlled Substances Act or Cannabis Control Act and the defendant is on bail for the alleged commission of a felony, o_______________f_____________ _____f_____________________c_______________________p____________ _____c_____________________o______________________m_____________ _____,_____________________i______________________e_____________ HB0558 Enrolled -4- LRB093 05583 MBS 05675 b _____f_____________________a______________________t_____________ _____r_____________________e______________________a_____________ _____2______________________C_____________________t_____________ _____h_____________________d______________________f_____________ _____t_____________________o______________________t_____________ _____a__________ 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 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.

Show all 63 changed lines (23 more)

(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 HB0558 Enrolled -5- LRB093 05583 MBS 05675 b 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 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 Controlled Substances Act or Cannabis Control Act while admitted to bail, o ____________ _e_______________________f____________________s_____________ _e_____________________s______________________i_____________ _h_____________________1______________________s_____________ _g______________________u________________________a__________ _n_____________________r_______________________v____________ _t_______________________(____________________-_____________ _r_____________________6_______________________o____________ _e_____________________e______________________C_____________ _i_____________________s______________________,_____________ _a___________ 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.

HB0558 Enrolled -6- LRB093 05583 MBS 05675 b (4) If the bail of any defendant is revoked pursuant to paragraph (f) (3) of this Section, the defendant may demand and shall be entitled to be brought to trial on the offense with respect to which he was formerly released on bail within 90 days after the date on which his bail was revoked.

If the defendant is not brought to trial within the 90 day period required by the preceding sentence, he shall not be held longer without bail.

In computing the 90 day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant.

(5) If the defendant either is arrested on a warrant issued pursuant to this Code or is arrested for an unrelated offense and it is subsequently discovered that the defendant is a subject of another warrant or warrants issued pursuant to this Code, the defendant shall be transferred promptly to the court which issued such warrant.

If, however, the defendant appears initially before a court other than the court which issued such warrant, the non-issuing court shall not alter the amount of bail heretofore set on such warrant unless the court sets forth on the record of proceedings the conclusions of law and facts which are the basis for such altering of another court's bond.

The non-issuing court shall not alter another courts bail set on a warrant unless the interests of justice and public safety are served by such action.

(g) The State may appeal any order where the court has increased or reduced the amount of bail or altered the conditions of the bail bond or granted bail where it has previously been revoked.

(Source:

P.A.

86-984;

87-870;

87-871.) Section 99.

Effective date.

This Act takes effect upon HB0558 Enrolled -7- LRB093 05583 MBS 05675 b becoming law.

Latest

HB0558 ~~Engrossed~~ LRB093 05583 MBS 05675 b AN ACT in relation to ~~videotaped~~ ~~confessions.~~

HB0558 Enrolled LRB093 05583 MBS 05675 b AN ACT in relation to criminal law.

Section 1.

Section 5.

~~Short~~ ~~title.~~

The Criminal Code of 1961 is amended by changing Section 3-7 as follows:

~~This~~ ~~Act~~ ~~may~~ be ~~cited~~ as ~~the~~ ~~Videotaped~~ ~~Confessions~~ ~~Act.~~

(720 ILCS 5/3-7) (from Ch.

38, par.

3-7) Sec.

3-7.

Periods excluded from limitation.

The period within which a prosecution must be commenced does not include any period in which:

(a) The defendant is not usually and publicly resident within this State;

or (b) The defendant is a public officer and the offense charged is theft of public funds while in public office;

However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d);

P.A.

91-231, eff.

1-1-00.) Section 10.

The Code of Criminal Procedure of 1963 is HB0558 Enrolled -2- LRB093 05583 MBS 05675 b amended by changing Section 110-6 as follows:

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

38, par.

110-6) Sec.

110-6.

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

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.

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

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

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 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.

Show all 63 changed rows (23 more)