HB 235 — CRIM PRO-BAIL AMOUNT

*LRB09504635RLC24693b* HB0235 95THEngrossed GENERALLRB095 ASSEMBLY04635 StateRLC of24693 Illinoisb andAN 2008ACT HB0235concerning Introducedcriminal 1/19/2007,law. by Rep.

Monique D.

Davis SYNOPSIS AS INTRODUCED:

ILCS 5/110-5 from Ch.

38, par.

110-5 Amends the Code of Criminal Procedure of 1963.

Provides that when the defendant is charged with a non-violent crime, the amount of bail may not exceed the annual gross income of the defendant.

LRB095 04635 RLC 24693 b A BILL FOR HB0235 LRB095 04635 RLC 24693 b AN ACT concerning criminal law.

(a) In determining 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 conditions of bail, the court shall, on the basis of available information, take into account such matters as the nature 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 possessed or used a HB0235 Engrossed - 2 - LRB095 04635 RLC 24693 b firearm, machine gun, explosive or metal piercing 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 if released on bail, whether the offense was based on racial, religious, sexual orientation or ethnic hatred, the likelihood of the filing of a greater 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 verification as to prior residence, education, or family ties in the local jurisdiction, in another county, state or foreign country, the defendant’s employment, financial resources, character and mental condition, past conduct, prior use of alias names or dates of birth, and length of residence in the community, the consent of the defendant to periodic drug testing in accordance with Section 110-6.5, whether a foreign national defendant is lawfully admitted in the United States of America, whether the government of the foreign national maintains an extradition treaty with the United States by which HB0235 Engrossed - 3 - LRB095 04635 RLC 24693 b the foreign government will extradite to the United States its national for a trial for 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 the defendant is engaged in significant possession, manufacture, or delivery of a controlled substance or cannabis, either individually or in consort with others, whether at the time of the offense charged he was on bond or pre-trial release pending trial, probation, periodic imprisonment or conditional discharge pursuant to this Code or the comparable Code of any other 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 or mandatory supervised release or work release from the Illinois Department of Corrections or any penal institution or HB0235 Engrossed - 4 - LRB095 04635 RLC 24693 b 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 Illinois or similar 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 was convicted 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 from the penitentiary within 20 years preceding the current charge if a penitentiary sentence was imposed in Illinois or other state 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 whether there was a refusal by the defendant to be fingerprinted as required by law.

If the State presents evidence HB0235 Engrossed - 5 - LRB095 04635 RLC 24693 b that the offense committed by the defendant 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, and if the court determines that the evidence may be substantiated, the court shall prohibit the defendant from associating with other members of the organized gang as a condition of bail or release.

(4) When a person is charged with a drug related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled HB0235 Engrossed - 6 - LRB095 04635 RLC 24693 b Substances Act, or the Methamphetamine Control and Community Protection Act, the full street value of the drugs seized shall be considered.

(b-1) When the defendant is charged with a non-violent crime, in setting the amount of bailbail, maythe notcourt exceedshall consider any evidence offered as to the annual gross income of the defendant.

At the hearing, the court shall inquire into any matters stated in any justifying affidavits, and may also inquire into matters appropriate to HB0235 Engrossed - 7 - LRB095 04635 RLC 24693 b affidavits, and may also inquire into matters appropriate to the determination which shall include, but are not limited to, the following:

HB0235 Engrossed - 8 - LRB095 04635 RLC 24693 b (c) When a person is charged with an offense punishable by HB0235 - 8 - LRB095 04635 RLC 24693 b fine only the amount of the bail shall not exceed double the amount of the maximum penalty.