Rep. Justin Slaughter
Filed: 5/29/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2579




2 AMENDMENT NO. ______. Amend Senate Bill 2579 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Sections 102-7.1, 110-6, 110-14, and 110-17 
6as follows:

7 (725 ILCS 5/102-7.1)
8 Sec. 102-7.1. "Category A offense". "Category A offense" 
9means a Class 1 felony, Class 2 felony, Class X felony, first 
10degree murder, a violation of Section 11-204 of the Illinois 
11Vehicle Code, a second or subsequent violation of Section 
1211-501 of the Illinois Vehicle Code, a violation of subsection 
13(d) of Section 11-501 of the Illinois Vehicle Code, a violation 
14of Section 11-401 of the Illinois Vehicle Code if the accident 
15results in injury and the person failed to report the accident 
16within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 
 
 
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110-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 
212-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 
312-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 
426.5-2, or 48-1 of the Criminal Code of 2012, a second or 
5subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
6of 2012, a violation of paragraph (5) or (6) of subsection (b) 
7of Section 10-9 of the Criminal Code of 2012, a violation of 
8subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
9of Section 11-1.50 of the Criminal Code of 2012, a violation of 
10Section 12-7 of the Criminal Code of 2012 if the defendant 
11inflicts bodily harm on the victim to obtain a confession, 
12statement, or information, a violation of Section 12-7.5 of the 
13Criminal Code of 2012 if the action results in bodily harm, a 
14violation of paragraph (3) of subsection (b) of Section 17-2 of 
15the Criminal Code of 2012, a violation of subdivision 
16(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
17violation of paragraph (6) of subsection (a) of Section 24-1 of 
18the Criminal Code of 2012, a first violation of Section 24-1.6 
19of the Criminal Code of 2012 by a person 18 years of age or 
20older where the factors listed in both items (A) and (C) or 
21both items (A-5) and (C) of paragraph (3) of subsection (a) of 
22Section 24-1.6 of the Criminal Code of 2012 are present, a 
23Class 3 felony violation of paragraph (1) of
subsection (a) of 
24Section 2 of the Firearm Owners Identification Card Act, or a 
25violation of Section 10 of the Sex Offender Registration Act. 

26(Source: P.A. 100-1, eff. 1-1-18.)




 
 
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1 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)



2 Sec. 110-6. Modification of bail or conditions. 
3 (a) Upon verified application by
the State or the defendant 
4or on its own motion the court before which the
proceeding is

5pending may increase or reduce the amount of bail or may alter 
6the
conditions of the bail bond or grant bail where it has been 
7previously
revoked or denied.
If bail has been previously 
8revoked pursuant to subsection (f) of this
Section or if bail 
9has been denied to the defendant pursuant to subsection
(e) of 
10Section 110-6.1 or subsection (e) of Section 110-6.3, the 
11defendant
shall
be required to present a
verified application 
12setting forth in detail any new facts not known or
obtainable 
13at the time of the previous revocation or denial of bail

14proceedings. If the court grants bail where it has been 
15previously revoked
or denied, the court shall state on the 
16record of the proceedings the
findings of facts and conclusion 
17of law upon which such order is based.

18 (a-5) In addition to any other available motion or 
19procedure under this Code, a person in custody solely for a 
20Category B offense due to an inability to post monetary bail 
21shall be brought before the court at the next available court 
22date or 7 calendar days from the date bail was set, whichever 
23is earlier, for a rehearing on the amount or conditions of bail 
24or release pending further court proceedings. The court may 
25reconsider conditions of release for any other person whose 
 
 
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1inability to post monetary bail is the sole reason for 
2continued incarceration, including a person in custody for a 
3Category A offense or a Category A offense and a Category B 
4offense. The court may deny the rehearing permitted under this 
5subsection (a-5) if the person has failed to appear as required 
6before the court and is incarcerated based on a warrant for 
7failure to appear on the same original criminal offense. 
8 (b) Violation of the conditions of Section
110-10 of this 
9Code or any special conditions of bail as ordered by the
court 
10shall constitute grounds for the court to increase
the amount 
11of bail, or otherwise alter the conditions of bail, or, where

12the alleged offense committed on bail is a forcible felony in 
13Illinois or
a Class 2 or greater offense under the Illinois

14Controlled Substances Act, the
Cannabis Control Act, or the 
15Methamphetamine Control and Community Protection Act, revoke 
16bail
pursuant to the appropriate provisions of subsection (e) 
17of this
Section.

18 (c) Reasonable notice of such application by the defendant 
19shall be
given to the State.

20 (d) Reasonable notice of such application by the State 
21shall be
given to the defendant, except as provided in 
22subsection (e).

23 (e) Upon verified application by the State stating facts or

24circumstances constituting a violation or a threatened

25violation of any of the
conditions of the bail bond the court 
26may issue a warrant commanding any
peace officer to bring the 
 
 
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1defendant without unnecessary delay before
the court for a 
2hearing on the matters set forth in the application. If
the 
3actual court before which the proceeding is pending is absent 
4or
otherwise unavailable another court may issue a warrant 
5pursuant to this
Section. When the defendant is charged with a 
6felony offense and while
free on bail is charged with a 
7subsequent felony offense and is the subject
of a proceeding 
8set forth in Section 109-1 or 109-3 of this Code, upon the

9filing of a verified petition by the State alleging a violation 
10of Section
110-10 (a) (4) of this Code, the court shall without 
11prior notice to the
defendant, grant leave to file such 
12application and shall order the
transfer of the defendant and 
13the application without unnecessary delay to
the court before 
14which the previous felony matter is pending for a hearing
as 
15provided in subsection (b) or this subsection of this Section. 
16The
defendant shall be held
without bond pending transfer to 
17and a hearing before such court. At
the conclusion of the 
18hearing based on a violation of the conditions of
Section 
19110-10 of this Code or any special conditions of bail as 
20ordered by
the court the court may enter an order
increasing 
21the amount of bail or alter the conditions of bail as deemed

22appropriate.

23 (f) Where the alleged violation consists of the violation 
24of
one or more felony statutes of any jurisdiction which would 
25be a
forcible felony in Illinois or a Class 2 or greater 
26offense under the
Illinois Controlled Substances Act, the

 
 
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1Cannabis Control Act, or the Methamphetamine Control and 
2Community Protection Act and the
defendant is on bail for the 
3alleged
commission of a felony, or where the defendant is on 
4bail for a felony
domestic battery (enhanced pursuant to 
5subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 
6or the Criminal Code of 2012), aggravated
domestic battery, 
7aggravated battery, unlawful restraint, aggravated unlawful

8restraint or domestic battery in violation
of item (1) of 
9subsection (a) of Section 12-3.2 of the Criminal Code of 1961 
10or the Criminal Code of 2012
against a
family or household 
11member as defined in Section 112A-3 of this Code and the

12violation is an offense of domestic battery against
the same 
13victim the court shall, on the motion of the State
or its own 
14motion, revoke bail
in accordance with the following 
15provisions:

16  (1) The court shall hold the defendant without bail 
17 pending
the hearing on the alleged breach; however, if the 
18 defendant
is not admitted to bail the
hearing shall be 
19 commenced within 10 days from the date the defendant is

20 taken into custody or the defendant may not be held any 
21 longer without bail, unless delay is occasioned by the 
22 defendant. Where defendant
occasions the delay, the 
23 running of the 10 day period is temporarily
suspended and 
24 resumes at the termination of the period of delay. Where

25 defendant occasions the delay with 5 or fewer days 
26 remaining in the 10
day period, the court may grant a 
 
 
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1 period of up to 5 additional days to
the State for good 
2 cause shown. The State, however, shall retain the
right to 
3 proceed to hearing on the alleged violation at any time, 
4 upon
reasonable notice to the defendant and the court.

5  (2) At a hearing on the alleged violation the State has 
6 the burden
of going forward and proving the violation by 
7 clear and convincing
evidence. The evidence shall be 
8 presented in open court with the
opportunity to testify, to 
9 present witnesses in his behalf, and to
cross-examine 
10 witnesses if any are called by the State, and 
11 representation
by counsel and
if the defendant is indigent 
12 to have counsel appointed for him. The
rules of evidence 
13 applicable in criminal trials in this State shall not

14 govern the admissibility of evidence at such hearing.

15 Information used by the court in its findings or stated in 
16 or offered in
connection with hearings for increase or 
17 revocation of bail may be by way
of proffer based upon 
18 reliable information offered by the State or
defendant. All 
19 evidence shall be admissible if it is relevant and reliable

20 regardless of whether it would be admissible under the 
21 rules of evidence
applicable at criminal trials. A motion 
22 by the defendant to suppress
evidence or to suppress a 
23 confession shall not be entertained at such a
hearing. 
24 Evidence that proof may have been obtained as a result of 
25 an
unlawful search and seizure or through improper 
26 interrogation is not
relevant to this hearing.

 
 
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1  (3) Upon a finding by the court that the State has 
2 established by
clear and convincing evidence that the 
3 defendant has committed a
forcible felony or a Class 2 or 
4 greater offense under the Illinois Controlled
Substances 
5 Act, the Cannabis Control Act, or the Methamphetamine 
6 Control and Community Protection Act while admitted to 
7 bail, or where the
defendant is on bail for a felony 
8 domestic battery (enhanced pursuant to
subsection (b) of 
9 Section 12-3.2 of the Criminal Code of 1961 or the Criminal 
10 Code of 2012), aggravated
domestic battery, aggravated 
11 battery, unlawful
restraint, aggravated unlawful restraint 
12 or domestic battery in violation of
item (1) of subsection 
13 (a) of Section 12-3.2 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012
against
a family or household member 
15 as defined in
Section 112A-3 of this Code and the violation 
16 is an offense of domestic
battery, against the same victim, 
17 the court
shall revoke the bail of
the defendant and hold 
18 the defendant for trial without bail. Neither the
finding 
19 of the court nor any transcript or other record of the 
20 hearing
shall be admissible in the State's case in chief, 
21 but shall be admissible
for impeachment, or as provided in 
22 Section 115-10.1 of this Code or in a
perjury proceeding.

23  (4) If the bail of any defendant is revoked pursuant to 
24 paragraph
(f) (3) of this Section, the defendant may demand 
25 and shall be entitled
to be brought to trial on the offense 
26 with respect to which he was
formerly released on bail 
 
 
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1 within 90 days after the date on which his
bail was 
2 revoked. If the defendant is not brought to trial within 
3 the
90 day period required by the preceding sentence, he 
4 shall not be held
longer without bail. In computing the 90 
5 day period, the court shall
omit any period of delay 
6 resulting from a continuance granted at the
request of the 
7 defendant.

8  (5) If the defendant either is arrested on a warrant 
9 issued pursuant
to this Code or is arrested for an 
10 unrelated offense and it is subsequently
discovered that 
11 the defendant is a subject of another warrant or warrants

12 issued pursuant to this Code, the defendant shall be 
13 transferred promptly
to the court which issued such 
14 warrant. If, however, the defendant appears
initially 
15 before a court other than the court which issued such 
16 warrant,
the non-issuing court shall not alter the amount 
17 of bail set on
such warrant unless the court sets forth on 
18 the record of proceedings the
conclusions of law and facts 
19 which are the basis for such altering of
another court's 
20 bond. The non-issuing court shall not alter another courts

21 bail set on a warrant unless the interests of justice and 
22 public safety are
served by such action.

23 (g) The State may appeal any order where the court has 
24increased or reduced
the amount of bail or altered the 
25conditions of the bail bond or granted bail where it has 
26previously been revoked.

 
 
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1(Source: P.A. 100-1, eff. 1-1-18.)





2 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)



3 Sec. 110-14. Credit for incarceration on bailable offense; 
4credit against monetary bail for certain offenses. 
5 (a) Any person incarcerated on a bailable offense who does 
6not supply
bail and against whom a fine is levied on conviction 
7of the offense
shall be allowed a credit of $5 for each day so 
8incarcerated upon application
of the defendant. However,
in no 
9case shall the amount so allowed or
credited exceed the amount 
10of the fine. 
11 (b) Subsection (a) does not apply to a person incarcerated 
12for sexual assault as defined in paragraph (1) of subsection 
13(a) of Section 5-9-1.7 of the Unified Code of Corrections.

14 (c) A person subject to bail on a Category B offense shall 
15have $30 deducted from his or her 10% cash bond amount monetary 
16bail every day the person is incarcerated. The sheriff shall 
17calculate and apply this $30 per day reduction and send notice 
18to the circuit clerk if a defendant's 10% cash bond amount is 
19reduced to $0, at which point the defendant shall be released 
20upon his or her own recognizance. 

21 (d) The court may deny the incarceration credit in 
22subsection (c) of this Section if the person has failed to 
23appear as required before the court and is incarcerated based 
24on a warrant for failure to appear on the same original 
25criminal offense. 
 
 
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1(Source: P.A. 100-1, eff. 1-1-18.)




2 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)



3 Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding 
4the
provisions of the Revised Uniform Unclaimed Property Act, 
5any sum
of money deposited by any person to secure his or her 
6release from custody which
remains unclaimed by the person 
7entitled to its return for 3
years after the conditions of the 
8bail bond have been performed
and the accused has been 
9discharged from all obligations in the
cause shall be presumed 
10to be abandoned and subject to disposition under the Revised 
11Uniform Unclaimed Property Act.

12 (a) (Blank). The clerk of the circuit court, as soon 
13thereafter as
practicable, shall cause notice to be published 
14once, in English, in a
newspaper or newspapers of general 
15circulation in the county wherein the
deposit of bond was 
16received.

17 (b) (Blank). The published notice shall be entitled "Notice 
18of Persons
Appearing to be Owners of Abandoned Property" and 
19shall contain:

20  (1) The names, in alphabetical order, of persons to 
21 whom the notice
is directed.

22  (2) A statement that information concerning the amount 
23 of the property
may be obtained by any persons possessing 
24 an interest in the property by
making an inquiry at the 
25 office of the clerk of the circuit court at a
location 
 
 
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1 designated by him.

2  (3) A statement that if proof of claim is not presented 
3 by the owner to
the clerk of the circuit court and if the 
4 owner's right to receive the
property is not established to 
5 the satisfaction of the clerk of the court
within 65 days 
6 from the date of the published notice, the abandoned

7 property will be placed in the custody of the treasurer of 
8 the county, not
later than 85 days after such publication, 
9 to whom all further claims must
thereafter be directed. If 
10 the claim is established as aforesaid and after
deducting 
11 an amount not to exceed $20 to cover the cost of notice

12 publication and related clerical expenses, the clerk of the 
13 court shall
make payment to the person entitled thereto.

14  (4) The clerk of the circuit court is not required to 
15 publish in such
notice any items of less than $100 unless 
16 he deems such publication in the
public interest.

17 (c) (Blank). Any clerk of the circuit court who has caused 
18notice to be published
as provided by this Section shall, 
19within 20 days after the time specified
in this Section for 
20claiming the property from the clerk of the court, pay
or 
21deliver to the treasurer of the county having jurisdiction of 
22the
offense, whether the bond was taken there or any other 
23county, all sums
deposited as specified in this section less 
24such amounts as may have been
returned to the persons whose 
25rights to receive the sums deposited have
been established to 
26the satisfaction of the clerk of the circuit court.
Any clerk 
 
 
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1of the circuit court who transfers such sums to the county

2treasury including sums deposited by persons whose names are 
3not required
to be set forth in the published notice aforesaid, 
4is relieved of all
liability for such sums as have been 
5transferred as unclaimed bail deposits
or any claim which then 
6exists or which thereafter may arise or be made in
respect to 
7such sums.

8 (d) (Blank). The treasurer of the county shall keep just 
9and true accounts of all
moneys paid into the treasury, and if 
10any person appears within 5 years
after the deposit of moneys 
11by the clerk of the circuit court and claims
any money paid 
12into the treasury, he shall file a claim therefor on the
form 
13prescribed by the treasurer of the county who shall consider 
14any claim
filed under this Act and who may, in his discretion, 
15hold a hearing and
receive evidence concerning it. The 
16treasurer of the county shall prepare
a finding and the 
17decision in writing on each hearing, stating the substance
of 
18any evidence heard by him, his findings of fact in respect 
19thereto, and
the reasons for his decision. The decision shall 
20be a public record.

21 (e) (Blank). All claims which are not filed within the 5 
22year period shall
be forever barred.

23(Source: P.A. 100-22, eff. 1-1-18.)".